Abstract
Discrimination is generally conceived of as a feature of protectionism and the source of retaliatory spirals. In this paper, I argue that this perspective on trade discrimination is conceptually and empirically deficient. The extent of discrimination is almost exclusively considered with respect to the form of cooperation, that is, the number of countries that cooperate. This view disregards the fact that the bargaining approach also determines the extent to which a country can discriminate in concession-making. By neglecting the bargaining method, the existing literature tends to underestimate the prevalence of discriminatory treatment in international trade and in periods of liberalization in particular. Furthermore, a case study of the government procurement negotiations at the Uruguay Round shows that discrimination between countries and items may go along with and actually promote liberalization. On the basis of these insights, I make a first step toward a better understanding of discrimination by developing a baseline model explaining liberalization through discrimination.
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Notes
For helpful comments my thanks goes to two anonymous reviewers, Hans Keman, Philipp Genschel, Markus Jachtenfuchs, Peter Mayer, Thomas Rixen and Susanne Uhl. Irina Wiegand and Eric Schaefer provided valuable research assistance. All remaining errors are my own. This work was initiated when I was a research associate at the Jacobs University and the Collaborative Research Center Transformations of the State. Generous funding was granted by the German National Science Foundation (DFG).
One might wonder where regionalism, probably the most intensively debated form of cooperation in the current scholarly literature, fits into this conceptual scheme. A look at the number of treaty states of regional agreements shows that they overwhelmingly are bilateral (WTO, 2003).
The opportunity to determine the items to be subsumed under the formula makes it possible to discriminate between countries by selectively picking commodities that are and are not made subject to an across-the-board cut. Thus, countries always have some means to discriminate in concession-making.
For reasons of illustrative convenience, I will just distinguish between an item-by-item approach and a formula approach in the following.
As it is beyond the scope of my paper, I cannot deliver a stylized history detailing which of the modes was more frequently chosen than others at a given period in the history of trade.
The empirical material that I present in the following is derived from a broad range of secondary sources written by experts that closely observed the development of public procurement liberalization and the Uruguay Round negotiations in particular.
Exporters want free access to foreign markets. As foreign import-competers will lobby against liberalization so as to prevent increased imports, political actors abroad will find it difficult to unilaterally reduce trade barriers. However, it is possible to engage in conditional liberalization, that is, the political actors at home and abroad exchange easier access to each other's market (Milner and Yoffie, 1989).
References
Anthony, D.V. and Hagerty, C.K. (1979) Cautious optimism as a guide to foreign government procurement. Law and Policy in International Business 11: 1301–1343.
Arrowsmith, S. (2003) Government Procurement in the WTO. The Hague, The Netherlands: Kluwer Law International.
Bairoch, P. (1989) European trade policy, 1815–1914. In: P. Mathias and S. Pollard (eds.) The Cambridge Economic History of Europe. Vol. 8: The Industrial Economies: The Development of Economic and Social Policies. Cambridge: Cambridge University Press, pp. 1–160.
Blank, A. and Marceau, G. (1997) A history of multilateral negotiations on procurement: From ITO to WTO. In: B. M. Hoekman and P. C. Mavroidis (eds.) Law and Policy in Public Purchasing. Ann Arbor, MI: University of Michigan Press, pp. 31–55.
Brown, A. and Pouncey, C. (1995) Expanding the international market for public procurement. International Trade Law & Regulation 1 (3): 69–75.
Brown, A.G. (2003) Reluctant Partners: A History of Multilateral Trade Cooperation, 1850–2000. Ann Arbor, MI: University of Michigan Press.
Conybeare, J.A.C. (1987) Trade Wars: The Theory and Practice of International Commercial Rivalry. New York: Columbia University Press.
Curzon, G. (1965) Multilateral Commercial Diplomacy. London: Michael Joseph.
de Graaf, G. and King, M. (1995) Towards a more global government procurement market. The International Lawyer 29 (2): 432–452.
Evans, J.W. (1971) The Kennedy Round in American Trade Policy. Cambridge: Harvard University Press.
George, A.L. and Bennett, A. (2005) Case Studies and Theory Development in the Social Sciences. Cambridge: MIT Press.
Gilligan, M.J. (2004) Is there a Broader-Deeper trade-off in international multilateral agreements? International Organization 58 (3): 459–484.
Grossman, G.M. and Helpman, E. (2001) Special Interest Politics. Cambridge: MIT Press.
Haight, F.A. (1941) A History of French Commercial Policies. New York: Macmillan.
Hillman, A.L. (1982) Declining industries and political-support protectionist motives. American Economic Review 72 (5): 1180–1187.
Hoekman, B.M. and Kostecki, M.M. (2001) The Political Economy of the World Trading System. Oxford: Oxford University Press.
Hoekman, B.M. and Mavroidis, P.C. (1995) The WTO's agreement on government procurement: Expanding disciplines, declining membership. Public Procurement Law Review 4 (3): 63–79.
Hoekman, B.M. and Mavroidis, P.C. (1997) Multilateralizing the agreement on government procurement. In: B.M. Hoekman and P.C. Mavroidis (eds.) Law and Policy in Public Purchasing. Ann Arbor, MI: University of Michigan Press, pp. 289–312.
Hufbauer, G.C., Erb, J.S. and Starr, H.P. (1980) The GATT codes and the unconditional most-favored-nation principle. Law and Policy in International Business 12: 59–93.
Irwin, D.A. (1993) Multilateral and bilateral trade policies in the world trading system: A historical perspective. In: J. De Melo and A. Panagariya (eds.) New Dimensions in Regional Integration. Cambridge: Cambridge University Press, pp. 90–119.
Jackson, J.H. (1997) The World Trading System. Cambridge: MIT Press.
Keohane, R.O. (1986) Reciprocity in international relations. International Organization 40 (1): 1–27.
Kindleberger, C.P. (1989) Commercial policy between the wars. In: P. Mathias and S. Pollard (eds.) The Cambridge Economic History of Europe. Vol. 8: The Industrial Economies: The Development of Economic and Social Policies. Cambridge: Cambridge University Press, pp. 161–196.
King, G., Keohane, R.O. and Verba, S. (1994) Designing Social Inquiry. Princeton, NJ: Princeton University Press.
Kock, K. (1969) International Trade Policy and the GATT, 1947–1967. Stockholm, Sweden: Almqvist & Wiksell.
Krugman, P.R. (1991) Is bilateralism bad? In: E. Helpman and A. Razin (eds.) International Trade and Trade Policy. Cambridge: MIT Press, pp. 9–23.
Marsh, P.T. (1999) Bargaining on Europe. New Haven, CT: Yale University Press.
Milner, H.V. and Yoffie, D.B. (1989) Between free-trade and protectionism: Strategic trade-policy and a theory of corporate trade demands. International Organization 43 (2): 239–272.
Norwood, B. (1969) The Kennedy Round: A try at linear trade negotiations. The Journal of Law and Economics 12: 297–319.
Oye, K.A. (1993) Economic Discrimination and Political Exchange. Princeton, NJ: Princeton University Press.
Pahre, R. (2007) Politics and Trade Cooperation in the Nineteenth Century. Cambridge: Cambridge University Press.
Pomeranz, M. (1979) Toward a new international order in government procurement. Law and Policy in International Business 11: 1263–1300.
Preeg, E.H. (1970) Traders and Diplomats. Washington DC: The Brookings Institution.
Reich, A. (1997) The new GATT agreement on government procurement: The pitfalls of plurilateralism and strict reciprocity. Journal of World Trade Law 31 (2): 125–151.
Reich, A. (1999) International Public Procurement Law: The Evolution of International Regimes on Public Purchasing. The Hague, The Netherlands: Kluwer Law International.
Rixen, T. and Rohlfing, I. (2007) The institutional choice of bilateralism and multilateralism in international trade and taxation. International Negotiation 12 (3): 389–414.
Rohlfing, I. (2008) Continuity in discontinuity: The domestic political economy of trade cooperation from 1860 to 1914. International Negotiation 13 (2): 211–231.
Ruggie, J.G. (1992) Multilateralism: The anatomy of an institution. International Organization 46 (3): 561–598.
Schwartz, W.F. and Sykes, A.O. (1996) Toward a positive theory of the most favored nation obligation and its exceptions in the WTO/GATT system. International Review of Law and Economics 16: 27–51.
Simmons, B.A. (1994) Who Adjusts? Domestic Sources of Foreign Economic Policy During the Interwar Years. Princeton, NJ: Princeton University Press.
Smith, M.S. (1980) Tariff Reform in France, 1860–1900. Ithaca, NY: Cornell University Press.
Stein, A.A. (1984) The Hegemon's Dilemma: Great Britain, the United States, and the international economic order. International Organization 38 (2): 355–386.
Tasca, H.J. (1938) The Reciprocal Trade Policy of the United States. Philadelphia, PA: University of Pennsylvania Press.
Tavares, S.C. (2006) The political economy of the European customs classification. Public Choice 129 (1–2): 107–130.
Trebilcock, M.J. and Howse, R. (1999) The Regulation of International Trade. London: Routledge.
Viner, J. (1951) The most-favored-nation clause. In: J. Viner, (ed.) International Economics. Glencoe, IL: Free Press, pp. 94–108.
WTO. (2001) Guide to the GATS: An Overview of Issues for Further Liberalization of Trade in Services. The Hague, The Netherlands: Kluwer Law International.
WTO. (2003) RTA Notified to the WTO. Database: http://www.wto.org/english/tratop_e/region_e/summary_e.xls, accessed 5 February 2007.
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Rohlfing, I. Discrimination in international trade: A different perspective. Acta Polit 44, 192–210 (2009). https://doi.org/10.1057/ap.2008.23
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DOI: https://doi.org/10.1057/ap.2008.23