A reader confided in me the other day that he wasn't too sure what the WTO actually was, although he knows there has been a lot of fuss about it. So here is a quick primer on basically what the WTO is about. It's around 1500 words... hey, if I can type it, you can read it!

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Selected excerpts from _When Corporations Rule the World_, by David C. Korten
( http://iisd1.iisd.ca/pcdf/About_PCDF/korten.htm)
(1995, Kumarian Press, ISBN 1-887208-00-3)

[From Chapter 12, Adjusting the Poor]

In the flurry of global institution building that followed World War II, the spotlight of public attention was focused on the United Nations (UN), which was to be inclusive of all countries, each with an equal voice -- at least in its General Assembly. Delegates to the UN are public figures, and debates are open to public view and often heated. Yet the General Assembly has little real power. The real ability to act is vested in the Security Council, in which each of the major powers maintains the right of veto. Judging from its governance structures, it must be concluded that the UN was created primarily to function as a forum for debate.

In contrast, three other multilateral institutions were created with relatively little fanfare to operate outside the public eye -- the International Bank for Reconstruction and Development (commonly known as the World Bank), the International Monetary Fund (IMF), and the General Agreement on Tariffs and Trade (GATT). These three agencies are commonly referred to as the Bretton Woods institutions, in tribute to a meeting of representatives of forty-four nations who gathered in Bretton Woods, New Hampshire, July 1-22, 1944, to reach agreement on an institutional framework for the post-World War II global economy. The public purpose of what became known as the Bretton Woods system was to unite the world in a web of economic prosperity and interdependence that would preclude nations' taking up arms. Another purpose in the eyes of its architects was to create an open world economy unified under U.S. leadership that would ensure unchallenged U.S. access to the world's markets and raw materials. Two of the Bretton Woods institutions -- the IMF and the World Bank -- were actually created at the Bretton Woods meeting. The GATT was created at a subsequent international meeting.

Although formally designated as "special agencies" of the UN, the Bretton Woods institutions function nearly autonomously from it. Their governance and administrative processes are secret -- carefully shielded from public scrutiny and democratic debate. Indeed, the internal operating processes of the World Bank are so secretive that access to many of its most important documents relating to country plans, strategies, and priorities is denied even to its own governing directors.

[From Chapter 13, Ensuring Corporate Rights]

The framework for a post-World War II economy, which had been worked out largely between the United States and Britain, called for the creation of three multilateral institutions: the World Bank, the International Monetary Fund (IMF), and an international trade organization. The latter organization was stillborn because of concerns in the U.S. Congress that its powers would infringe on U.S. sovereignty. The General Agreement on Tariffs and Trade (GATT) served in its stead, with a somewhat ambiguous status, as the body through which multilateral trade agreements were fashioned and enforced. It was not until January 1, 1995, that the triumvirate was finally completed. A new global organization, the World Trade Organization (WTO), was quietly born during the Uruguay round of GATT. It was a landmark triumph for corporate libertarianism. A trade body with an independent legal identity and staff similar to that of the World Bank and the IMF is now in place, with a mandate to press forward and eliminate barriers to the free movement of goods and capital. The needs of the world's largest corporations are now represented by a global body with legislative and judicial powers that is committed to ensuring their rights against the intrusions of democratic governments and the people to whom those governments are accountable. What the World Bank and the IMF had accomplished in institutionalizing the doctrines of corporate libertarianism in low-income countries, the WTO now has a mandate and enforcement powers to carry forward in the industrial countries.

The world?s highest judicial and legislative body

A key provision in the some 2,000 pages of the GATT agreement creating the WTO is buried in paragraph 4 of Article XVI: "Each member shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements." The "annexed Agreements" include all the substantive multilateral agreements relating to trade in goods and services and intellectual and property rights. Once these agreements are ratified by the world's legislative bodies, any member country can challenge, through the WTO, any law of another member country that it believes deprives it of benefits it expected to receive from the new trade rules. This includes virtually any law that requires imported goods to meet local or national health, safety, labor, or environmental standards that exceed WTO accepted international standards. Unless the government against which the complaint is lodged can prove to the satisfaction of the WTO panel that a number of narrowly restrictive provisions have been satisfied, it must bring its own laws into line with the lower international standard or be subject to perpetual fines or trade sanctions. The WTO's goal is the "harmonization" of international standards. Regulations requiring that imported products meet local standards on such matters as recycling laws, use of carcinogenic food additives, auto safety requirements, bans on toxic substances, labeling, and meat inspection could all be subject to challenge. The offending country must prove that a purely scientific justification exists for its action. The fact that its citizens simply do not want to be exposed to the higher level of risk accepted by lower WTO standards isn't acceptable to the WTO as a valid justification.

Conservation measures that restrict the export of a country's own resources -- such as forestry products, minerals, and fish products -- could be ruled unfair trade practices, as could requirements that locally harvested timber or other resources be processed locally to provide local employment. Cases may also be brought against countries that attempt to give preferential treatment to local over foreign investment or that fail to protect the intellectual property rights (patents and copyrights) of foreign companies. Local interests are no longer a valid basis for local laws under the new WTO regime. The interests of international trade, which are primarily the interests of transnational corporations, take precedence.

Challenges may also be brought against the laws of state and local governments located within the jurisdiction of a member country, even though these governments are not signatories to the new agreement. The national government under whose jurisdiction they fall becomes obligated to take all reasonable measures to ensure the compliance of these state or local administrations. Such "reasonable measures" include preemptive legislation, litigation, and withdrawal of financial support.

. . .

When a challenge to a national or local law is brought before the WTO, the contending parties present their case in a secret hearing before a panel of three trade experts -- generally lawyers who have made careers of representing corporate clients on trade issues. There is no provision for the presentation of alternative perspectives, such as amicus briefs from nongovernmental organizations, unless a given panel chooses to solicit them. Documents presented to the panels are secret except that a government may choose to release its own documents. The identification of the panelists who supported a position or conclusion is explicitly forbidden. The burden of proof is on the defendant to prove that the law in question is not a restriction of trade as defined by the GATT.

When a panel decides that a domestic law is in violation of WTO rules, it may recommend that the offending country change its law. Countries that fail to make the recommended change within a prescribed period face financial penalties, trade sanctions, or both.

Under the proposed rules, the recommendations of the review panel are automatically adopted by the WTO sixty days after presentation unless there is a -_unanimous_ vote of WTO members to reject them. This means that over 100 countries, including the country that won the decision, must vote against a panel to overturn it -- rendering the appeals process virtually meaningless.

As was GATT, the WTO is a trade organization, and its mandate is to eliminate barriers to international trade and investment. The national representatives who vote in its councils are specialized trade representatives whose primary mandate is to open other markets for exports from their own countries. Responsibilities for maintaining foreign exchange balances; full employment; health, safety, and environmental standards; and protecting the democratic rights of its citizens fall under the jurisdictions of other bureaucracies. It may reasonably be anticipated that the WTO will follow the patterns of GATT in giving trade goals precedence over all other public policy concerns.

The WTO has legislative as well as judicial powers. GATT allows the WTO to change certain trade rules by a two-thirds vote of WTO member representatives. The new rules become binding on all members. The WTO is, in effect, a global parliament composed of unelected bureaucrats with the power to amend its own charter without referral to national legislative bodies.

Because economic activities have assumed such a large role in modern societies, control of economic rules is one of the most important powers in the world today. Under the WTO, a group of unelected trade representatives will become the world's highest court and most powerful legislative body, to which the judgments and authority of all other courts and legislatures will be subordinated.


About the author

David C. Korten earned MBA and Ph.D. degrees from Stanford University's Graduate School of business, was a faculty member at Harvard Graduate School of business, and has over 30 years of research and field experience in the developed and developing countries. His deep conservative roots were shaken by his "awakening to the conclusion that the conventional development practice espoused by most conservatives and even liberals is a leading cause of -- not the solution to -- a rapidly accelerating and potentially fatal human crisis of global proportions... I came to see the difference between those things that increase economic growth and those that result in better lives for people."

David Korten's comments on September 11:
http://www.futurenet.org/19technology/kortenletter.htm

Strength and Honor,

Andy