The WTO stopped functioning the way it should have, a long time ago. Yet, meeting after meeting at the Ministerial-level takes place at regular intervals to make some incremental progress, probably saving it from obvious extinction. The meeting at Abu Dhabi (hereinafter referred to as MC 13) was no exception to this.
The question is why it is not allowed to die? Well, one reason is that international organizations rarely disappear. Even UNIDO which was to have been wound up some years ago, has managed to reinvent itself and is now surviving, if not flourishing. In the case of the WTO, there has been enormous investment by the industrialised West in the organization. It was fine as long as the West benefitted from the WTO, the classic example being the Uruguay Round of trade negotiations which enabled the transition from the erstwhile GATT to the WTO in 1995. The Uruguay Round was broadly based on the “Washington Consensus”, a notion propagated by the West.
But China, among other countries, changed the fundamental Western calculus with regard to the WTO. China negotiated for 15 long years to get into the WTO. But once they got inside in 2001, they played the WTO game in a way no one could have previously imagined. Basically, for China, if something was not explicitly forbidden by the WTO rules, it was kosher. And they had a “hybrid capitalist” system which the WTO did not provide for, much less bargained. Take industrial subsidies. The degree of opacity in China in this respect is so acute that the prevailing system of depending on the voluntary disclosure to the WTO Secretariat by countries concerned regarding industrial subsidies is nothing short of ludicrous. Or take forced transfer of technology or IP theft by China. There are really no disciplines in the WTO for forced tech transfer in the WTO; on IP theft, it is hard, if not impossible, to prove. All in all, China turned the WTO rules on its head to benefit tremendously from it. The West, especially the US, EU and Japan tried taking them to dispute settlement but found that the Appellate Body actually ruled in favour of China a great deal of the time. This was frustrating for the West to say the least. Hence the American opposition to the Appellate Body. All this in the midst of a major power shift in the world from the West to the East. So, China cannot be steamrollered the way India was in the late eighties in the Uruguay Round.
Against this backdrop, the MC 13 did what it could, which was modest. Thorny problems were kicked down the road and enough decisions were made to keep the WTO afloat. In a development unusual in the WTO, a China-led plurilateral initiative for an agreement on Investment Facilitation for Development (backed by well over 100 countries) was prevented from happening by India and South Africa, the latter two objecting to it on grounds of principle, rather than for substantive reasons. This prompted some observers to quip that there was trouble in the BRICS paradise!
What about India? Well we were and will always be sui generis, especially in the WTO. So much so, our satisfaction with WTO Ministerial meetings is inversely proportional to the degree of success that the meetings enjoy. The MC 13 was a relative failure by all accounts; so, our joy knew no bounds!
India approached the MC 13 with some specific objectives: restoration of the Appellate Body, permanent solution to the issue of Public Stockholding (PSH), 25 year Special & Differential Treatment on Fisheries Subsidies, preventing plurilateral initiatives in the WTO and stopping the extension of moratorium on customs duties on electronic transmissions. There were other supplementary objectives as well.
In my latest Book “India’s Moment”, I have designed an integrated assessment framework for evaluating India’s negotiating positions. So, with your indulgence, I will now apply that framework’s six criteria to assess India’s positions in the MC 13:
(1) Poverty Veto: The decision to seek a permanent solution to the PSH issue is rooted in the poverty veto in the form of the Pradhaan Mantri Garib Kalyan Yojana which reportedly feeds 800 million people. If it was not for this programme, poverty levels would have soared during COVID. This is not to say the prosperous farmers from Punjab are right in their protests, they are in fact dead wrong. But the larger issue of reform of Agriculture in India is crucial. This is one issue where the WTO has no credibility to tell us what to do, having allowed the US and EU in the past to subsidize without limits. The Agriculture Agreement of the Uruguay Round is one of the most unfair and unjust Agreements, especially with regard to developing countries. If there is one issue on which India can and should take on the entire WTO, it is Agriculture.
(2) Policy Space: In my Book I argue that India needs much more policy space than other comparable countries. This is the reason we are seeking 25 years’ transition period for fisheries subsidies (over-capacity and over-fishing) with disciplines for developed countries as well. Other countries view 25 years as excessive, and it is hard to blame them for thinking that. But we make haste slowly in India and have perfected that art! Indian fishermen are local in character and have livelihood concerns. This is in stark contrast to EU, Japan, China and Taiwan which have large fishing fleets and engage in heavily subsidized deep sea fishing. Comparing our subsidies with theirs is a bit like comparing our current coal consumption to that of past misdeeds by the West and current misdeeds by China in this regard.
(3) Domestic Politics: With general elections not far away, the Government was keen to be seen as doing everything to protect the interests of farmers and fishermen, two vital electoral constituencies. So much so, on the fisheries subsidies issue, the EU negotiator blamed India as the only country blocking a positive outcome. In the negotiations at the WTO, domestic politics is never far behind.
(4) Geo-political Imperatives: While our objecting to the China-led initiative on Investment was seen as a by-product of the Ladakh imbroglio, the truth is that India objected to it on grounds of principle. If you allow this plurilateral initiative, then the flood gates will open in the WTO. Still, it is hard to deny geo-politics did play a small part. Interestingly, our Commerce Minister reached Abu Dhabi only after the Chinese Minister left, so no tete-a-tete between them. On the other hand, we did not name the US by name as the culprit for holding up single-handedly a solution on the Appellate Body issue. The geopolitics in the WTO is interesting. Brazil, India’s former ally, has moved on and its interests no longer coincide entirely with India in Agriculture. With China and Brazil out, India will have to rely more and more on the Africa Group for support in the WTO. US elections may prove critical for WTO in particular. One source in the “Heritage Foundation” tells me Trump, if elected, will withdraw from the WTO and have a reciprocal trade act passed in the Congress so he can deal with all partners bilaterally. After all, he knows the “The art of the deal” !
(5) Commitment to Principles: Our objection to plurilateral initiatives in the WTO is because we say we believe in the multilateral character of the WTO and that there must be a consensus among ALL countries before a subject can be included in the WTO. This position will come under pressure in the future as more and more countries want to negotiate subjects like E Commerce, Investment, Gender and Environment and we along with a handful of countries block it on grounds of principle. Interestingly, while the WTO operates on the basis of consensus (in practice and by convention) the rules actually provide for voting! Two major countries object to voting in the WTO: the world’s richest democracy and the world’s largest democracy. Talk of supreme irony!
(6) Realpolitik: It was also interesting that the Indian Minister Goyal said that he had reluctantly agreed to the extension of moratorium on customs duty on electronic transmissions only because of a personal request from his UAE Counterpart. This moratorium has thus been extended by a further two years. India had earlier decided to block the extension of the moratorium.
There is a disconnect between India’s strategic/foreign policy discourse and its trade policy discourse. The former makes it sound like India is already a ten trillion dollar economy or will become one soon. The latter gives an impression that it is still a one trillion dollar economy. This needs bridging. There is thus an imperative need for India to become a ten trillion dollar economy with major trading credentials. If not, our strategic/foreign policy ambitions will take a hit at a time of possibly a Trump-led US, an assertive China, a distracted EU and multilateralism in terminal decline.
As for WTO, India must prepare for a contingency when the WTO is more plurilateral than multilateral, when it is based on the old GATT system of dispute settlement and when the WTO is open to negotiating on subjects like environment, gender etc which we have traditionally considered as “non-trade” subjects.