2.3 The Rationale for NT from the Perspective of Economics
2.3.1 The Purpose and Structure of Trade Agreements
2.3.1.2 Externalities from Unilateral Decisionmaking
The international externalities approach to trade agreements rests on two main assumptions. The first is that countries are economically entwined such that decisions by one government have noticeable effects on the welfare of other governments. The second central assumption is that when governments make unilateral decisions, they are only concerned about their consequences for various national interests (for instance, domestic firms and consumers), while the consequences for trading partners are of no direct concern. The international externalities from unilateral decisionmaking stem from the combination of these circumstances. The externalities could be positive; for instance, when deciding in how much to invest in medical research, governments may put less weight on the value of resulting medical advances for people in other countries. But for many policies, the externalities from unilateral decisionmaking are negative. This is particularly true of policies that seek to enhance the competitive position of domestic products relative to foreign firms.
The existence of externalities implies that the outcome of the interaction between governments does not bring the parties as much benefit as it could – the outcome is in economic jargon “inefficient.” Broadly speaking, a situation is efficient if it is not possible to improve the well‐being of any economic agent, without reducing the well‐being of some other agent. Henceforth, we will use the notion of efficiency to capture the extent to which pursued policies allow governments to achieve their objectives. It should be emphasized this efficiency notion uses government preferences as the yardstick.84 More exactly, we will say
that a policy is (politically) efficient if the gain that any change would yield to some governments could not suffice to compensate the governments that lose from the change; that is, we adopt a Kaldor‐Hicks type of efficiency concept.
The distinguishing feature of unilateral decisionmaking – that is, when governments make their decisions without coordinating with other governments – is thus that it gives rise to international externalities that cause the outcome to be inefficient. It would therefore in principle be possible to change these policies, and in each case let the exporting country compensate the importing country’s government for the loss resulting from the reduction of its trade barriers. However, trade agreements use a different means of achieving something similar, which is to let the compensation take the form of reciprocal market access. That is, trade agreements can be seen as means to reciprocally reduce trade barriers that governments
would not pursue if they were to bear the full global costs of their policies.
2.3.1.2.1 Externalities Can Be Internalized through Negotiations
84 The notion employed here should be distinguished from the more conventional economic concept of “economic (or market) efficiency” which refers to the extent to which a market allocation maximizes social welfare.
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The basic role of a trade agreement is to determine tariff levels through negotiations rather than through unilateral decisionmaking.85 The exchange of offers and counteroffers during
the bargaining over the tariffs may effectively present governments with the externality costs of their border barriers. For instance, if countries A and B negotiate their respective measures X and Y, B might offer A to change policy Y against a certain change by A in policy X. Government A can choose to continue pursuing the same policy X, but it has now become sensitized to the internationally experienced cost of this policy, in terms of the forgone change by B in policy Y. As a matter of theory, provided a number of special conditions are fulfilled, the negotiated outcome will be (internationally) efficient, and this is also assumed in most of the trade agreement literature. 2.3.1.2.2 What is Efficient Depends on Government Preferences The defining feature of an efficient situation is that it is impossible to rearrange policies such that some government gains without causing losses to other governments. It follows that the preferences of governments determines what is an efficient policy outcome. For instance, if governments seek to maximize national income, and markets are characterized by perfect competition, no scale economies, etc., efficiency requires free trade. But more generally it is by no means necessary that free trade is efficient. For instance, tariffs redistribute income from consumers of the imported products to local producers of these (or similar) goods, and the government may find such redistribution desirable, and for various reasons hard to achieve through other means. It may, therefore, be part of a (politically) efficient international arrangement that Members maintain tariffs.
2.3.1.2.3 Desirable and Undesirable Border Protection
Chapter 4 will distinguish between two notions of “protection.” First, the term can be used in the same sense as the term “shield,” that is, as referring to a change in the competitive conditions to the benefit of domestic producers. Tariffs always protect in this sense. As just mentioned, an efficient agreement can feature positive tariffs, and it can hence be efficient despite protecting in this sense. Second, “protection” is also often used to refer to a policy that causes negative international externalities. For instance, a tariff that exceeds the efficient negotiated level would have such a property. To capture the protective effect of tariffs without taking a stand on whether they are efficient or not, we will say below that they “shield from competition,” whereas we will reserve the terms “protectionist” and “protectionism” to denote the pursuit of inefficient policies. As will be highlighted further in Section 4.1 of Chapter 4, the GATT uses the term protection in both these senses.
85 We here for simplicity treat a trade agreement as a once‐and‐for‐all negotiated agreement on tariff levels. But economic theory highlights a number of more complex aspects of actual trade agreements, such as the role of bindings on other border instruments, the role of repeated negotiations, and the reasons for negotiated tariff ceilings rather than levels.
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