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CUTS CITEE LInkages Update No.15 No.15, October-November 2002 |
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CUTS CITEE LINKAGES UPDATE No.01 CUTS CITEE LINKAGES UPDATE No.02 CUTS CITEE LINKAGES UPDATE No.03 CUTS CITEE LINKAGES UPDATE No.04 CUTS CITEE LINKAGES UPDATE No.05 CUTS CITEE LINKAGES UPDATE No.06 CUTS CITEE LINKAGES UPDATE No.07 CUTS CITEE LINKAGES UPDATE No.08 CUTS CITEE LINKAGES UPDATE No.09 CUTS CITEE LINKAGES UPDATE No.10 CUTS CITEE LINKAGES UPDATE No.11 CUTS CITEE LINKAGES UPDATE No.12 CUTS CITEE LINKAGES UPDATE No.13 CUTS CITEE LINKAGES UPDATE No.14 Linkages Update is a bi-monthly E-newsletter, which apprises readers on latest news, information and analysis related to the issue of linkages between trade & labour and trade & environment. If by chance you are receiving this e-newsletter inadvertantly, we apologise for the same. Please do let us know to make the necessary changes.
Contents News
Roundup Studies
and Reports Event
Reports Events
Announcement Editor’s
Note
Futile
to Pursue Trade-Labour Linkage
It
is almost ten years since Prof. Jagdish Bhagwati and Robert Hudec
pioneered the scholarly study of linkage, under the auspices of the
American Society of International Law. During these years, the issue of
labour standards has seen several ups and downs, attaining its peak at the
aborted Seattle Ministerial Conference of the WTO in 1999. A vast
literature on this has grown since then but a mutually acceptable solution
still eludes this vexed issue of linkage between trade and labour
standards. However, one thing is sure, the subject is very much alive in
the context of the WTO. In
the present scenario, there are two important tasks from the developing
countries’ point of view. Firstly, to break the deadlock in talks. In
other words bringing the two sides of this controversial debate across the
table and engaging them in discussions based on facts and not rhetoric.
Secondly, break the possibility of establishing any kind of link between
trade and labour in the WTO, being pursued vigorously by USA and some
other developed countries with the support from trade unions like
International Confederation of Free Trade Unions (ICFTU) and American
Federation of Labour – Congress of Industrial Organisation (AFL-CIO). Today,
the antagonists are in a much better position to counter the arguments
given by the proponents, as most of the theoretical reasons given by them
in support of linkages have been proved empirically incorrect. Moreover,
some protagonists are also reviewing their stand on linkages. The Congress
of South African Trade Unions (COSATU), whose official position so far has
been in favour of a social-clause at the WTO, is now reviewing its stand
to look at it within the larger context of social impacts of globalisation.
This was indicated by Alistair Smith of the National Labour and Economic
Development Institute (NALEDI) of South Africa at a very recent meeting on
linkages, held at Nairobi, Kenya. NALEDI is the research wing of COSATU. The
two strongest arguments generally given in favour of social-clause are
“race to the bottom” and “unfair competitive advantages”. But they
find little support either in theory or practice. The “race to the
bottom” has, in fact, turned out to be the “race to the top”. The
low labour standards endemic to less-developed countries do not seem to
confer any observable advantage in attracting FDI. According to UNCTAD, of
the $1.1trillion global FDI flows in 2000, more than 80 percent went to
developed countries. Only 17 percent of FDI was directed to developing
countries, down from about 40 percent in the mid-1990s. Further, the
finding of a very recent study authored by David Kucera on FDI and core
labour standards (see below), is also consistent with prior studies, which
failed to support the “race to the bottom” phenomenon.
The
same “race to the bottom” argument is also given by the proponents of
the trade-environment linkage. Though, environment is a part of the Doha
Work Programme, but it does not mean that linkages between trade and
environment are justified and the debate is over. As per the results of
one recent study entitled “Is Trade Good or bad for the Environment?
Sorting Out the Causality” done by Jeffrey Frankel and Andrew Rose (see
below), there is little evidence that trade has a detrimental effect on
environment. The results support the environmental Kuznets Curve, which
says that growth harms the environment at low levels of income and helps
at high levels. As
regards “unfair competitive advantage”, it appears that labour
standards are not the significant factors in determining the
competitiveness and profitability of multinational companies in the world
today. In a 1996 study of trade and labour standards, the Organisation for
Economic Cooperation and Development (OECD) compared the export
performance with the enforcement of labour rights, in particular freedom
of association. The study concluded: “There is no evidence that
low-standards countries enjoy a better global export performance than
high-standards countries”. On
the other hand, in the recent years International Labour Organisation
(ILO) has shown a greater degree of activism on its part. A number of
positive initiatives have been undertaken to strengthen monitoring of core
labour standards. The increase in ratification of ILO’s Conventions is
considerable. Since October 1995, the number of ILO Members ratifying all
of the original fundamental conventions has more than doubled. Further,
the International Programme on the Elimination of Child Labour (ILO-IPEC),
steps to prevent the use of forced labour in Myanmar, campaign on
“decent work for all” and setting up a World Commission on the social
dimension of globalisation, are some more recent initiatives of ILO, which
are worth mentioning. Now
after almost seven years of the post-WTO period, the debate on labour
standards has become more factual rather than only ideological. Therefore,
it is high time that developing countries who are against a social-clause
in the WTO, should engage the proponents in a meaningful dialogue based on
empirical facts.
Pradeep
S. Mehta, Editor
News RoundupILO
Appoints Liaison Officer in Myanmar
Ms.
Hong-Trang Perret-Nguyen was appointed as the ILO Liaison Officer in Myanmar.
Her appointment in Myanmar takes place in the framework of the understanding on
the appointment of a Liaison Officer, which was reached between the ILO and the
Government of Myanmar in March 2002. According to this understanding, her role
covers all activities relevant to ensuring the prompt and effective elimination
of forced labour in the country and she should be extended all facilities and
support to that effect. As part of this mandate, the Liaison Officer, in
cooperation with the authorities, will have to help to establish strategies to
effectively address the root causes of the forced labour situation in Myanmar as
identified in particular by a High-Level Team which visited the country in the
autumn of 2001. For
More: http://www.ilo.org/public/english/bureau/inf/pr/2002/40.htm
U.S. Petitioned
to Act Against Illegal EU Fishing WWF,
the conservation organisation, and the Recreational Fishing Alliance have joined
in a petition to the U.S. government for trade sanctions against the European
Union for "irresponsible and illegal fishing practices that injure Atlantic
white marlin and bluefin tuna." They are petitioning the U.S. Secretary of
Commerce to certify the EU under the Pelly Amendment to the Fishermen's
Protective Act of 1967 for irresponsible fishing practices. Following
certification under this amendment, the President may impose import restrictions
on any product from the offending country. The petitioners say European
practices have undermined the effectiveness of the International Convention for
the Conservation of Atlantic Tunas (ICCAT), a treaty that establishes quotas and
management measures to maintain the populations of tuna and similar species that
migrate across the Atlantic Ocean. Under Section 301 the President would be
required to act if it is determined that the European Union has acted
unlawfully. For
more: http://ens-news.com/ens/oct2002/2002-10-04-19.asp#anchor2
UNEP
Head Wants PIC Convention in Force by 2003
UN
Environment Programme (UNEP) Executive Director Klaus Toepfer on 29 Sept called
for the speedy ratification of the Rotterdam Convention -- hopefully by mid 2003
-- which he believes will impose a "regime of transparency and
honesty" restricting global trade and use of 31 harmful pesticides. Toepfer
was speaking at the intergovernmental negotiating committee of the Rotterdam
Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade, which wraps up on 4 October.
While the chemicals in question are for the most part banned in developed
countries, some are still in wide use in developing regions. The treaty
stipulates that countries exporting chemicals damaging to health or the
environment have to inform importing nations of the dangers they pose, while
also making it illegal to trade in chemicals against the wishes of recipient
countries. For more: http://www.ictsd.org/weekly/02-10-02/inbrief.htm Second
Phase of Trade and Environment Task Force Launched
The
second phase of a joint UNCTAD-UNEP Capacity-building Task Force (CBTF) on
Trade, Environment and Development was launched in Johannesburg during the World
Summit on Sustainable Development (WSSD). Since its inception in 2000, the CBTF
has supported a number of projects to assist developing countries in dealing
with trade and environment-related development challenges. Training workshops in
Cuba and Viet Nam centred on national case studies and discussed practical
policy measures to help maximize the sustainable development gains of trade.
Ongoing country projects in Indonesia and Lebanon are assisting policy makers to
assess the environmental and developmental impacts of trade and trade policies. For
more: http://www.unctad.org/en/Press/pr0249en.htm
Core
Labour Standards and FDI
This
paper entitled “Core Labour Standards and FDI,” (published in the
International Labour Review, Vol.141, No.1-2, 2002) authored by David Kucera,
applies new country-level measures of labour standards – constructed from
coding textual information and emphasising de facto considerations – in a
cross-country econometric analysis of foreign direct investment inflows in the
1990s. The fundamental labour standards concern freedom of association and
collective bargaining, child labour, and gender discrimination and inequality in
the workplace. Consistent with prior studies, no solid evidence is found in
support of what has been referred to as the “conventional wisdom”, namely
that foreign investors favour countries with lower labour standards; indeed all
evidence of statistical significance points in the opposite direction. For
More: http://www.ilo.org/public/english/support/publ/revue/sommaire/141-1-2.htm Is Trade Good or Bad for the Environment? Sorting Out the CausalityWhat
is the effect of trade on a country's environment, for a given level of GDP?
Some have observed an apparent positive correlation between openness to trade
and measures of environmental quality. But this could be due to endogeneity of
trade, rather than causality. This paper, written by Jeffrey A. Frankel and
Andrew K. Rose, uses exogenous determinants of trade geographical variables from
the gravity model as instruments to isolate the effect of openness. The
finding is that trade may indeed have a beneficial effect on three measures of
air pollution. Statistical significance is lacking for Particulate Matter, but
is moderate for NO2, and high for SO2. Results for broader environmental
measures are not as encouraging, but one can at least say that there is little
evidence that trade has the detrimental effect on the environment that the
race-to-the-bottom theory would lead one to expect. The larger effect appears to
come via income itself: the results generally support the environmental Kuznets
curve, which says that growth harms the environment at low levels of income and
helps at high levels, and to support the proposition that openness to trade
accelerates the growth process. For
complete paper: http://papers.nber.org/papers/W9201
Post
Doha Scenario: The State of Play, New Delhi, 23 September 2002
“On Multilateral Agreement on Investment, the right to decide the quantum and sector of investment should be reserved with the nation state”, said Dr. Jagdish Shettigar, Member of the Prime Minister’s Economic Advisory Council, India. He was speaking at a panel discussion on “Post-Doha Scenario: The State of Play”, organised by CUTS at New Delhi. The panel discussion was preceded by the release of a book titled “WTO and India: An Agenda for Action in the Post-Doha Scenario” written by Pradeep S Mehta with a foreword from Prof. Jagdish Bhagwati. More than 50 participants representing various stakeholder groups and ministries participated in this discussion. They favoured a pro-active approach to be followed by India in the ongoing new round of trade negotiations. For
more: http://www.cuts-international.org/news-cuts.htm#New Round of WTO Talks
Linkages:
How Do We Bridge The Gap?,
Nairobi, 19th October 2002 "The
idea of sanctions generated much heat in the debate on linkages between trade
and labour standards. Therefore, in my opinion the World Trade Organisation is
not the right place to discuss social issues, like labour standards,"
expressed, Alistair Smith of the National Labour and Economic Development
Institute, South Africa. He was speaking at a dialogue on linkages, organised by
CUTS, in association with EcoNews Africa, Nairobi.
More than 30 participants from ten Eastern and Southern African countries
participated in this meeting on labour and environmental standards and their
relationship with trade, particularly within the scope of multilateral trade
regime under the WTO. The other panellists were Yash Tandon, International South
Group Network, Zimbabwe, Douglas Korsah-Brown, Friends of the Earth, Ghana, and
Oduor Ong’wen of the EcoNews Africa. For
more: To be posted soon on www.cuts-international.org
Linkages: How Do We Bridge The Gap?, Amsterdam, 26th November 2002 CUTS
in association with South North Federation, Netherlands, is organising this
event on Tuesday, the 26th of November at Amsterdam. The purpose is to
conduct a dialogue between protagonists and antagonists on the contentious
issues of labour and environmental standards in trade agreements. Trade
diplomats, representatives of inter-governmental agencies, civil society
organisations, academia, research institutions, trade unions and media are
requested to participate. Similar meetings have been organised in the past at
London, Washington D.C., Geneva, Brussels and Nairobi. More one planned in the
future at Stockholm in November 2002, and a major seminar in April 2003 at
Washington D.C. in association with Carnegie Endowment for International Peace.
For
more: http://www.cuts-international.org/linkages-index.htm
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