Orderly marketing arrangement

Last updated

An orderly marketing arrangement is a non-legal treaty agreed upon by the national government stating that a sovereign state must refrain from exporting goods to a targeted negotiating sovereign state. These agreements relate directly to voluntary export restraints, safeguard and escape clause policies. Orderly marketing arrangements are predominantly bilateral arrangements between the governments of two countries, and any change to the agreement must be approved by both parties. [1]

Contents

Characteristics

Orderly Marketing Arrangements deal directly with political tensions in importing countries with an elevating abundance of imports. A disruption in the competitive production of imports may occur when there is a sudden increase in a specific import going into a country. This would cause undesirable economic problems for the factors of production involved, therefore an orderly marketing arrangement may be implemented to deal with the spike in imports. Orderly marketing arrangements help protect against more permanent protectionist measures such as import quotas and Tariffs. [2] These agreements are also restrictive and commonly affect prices, international relations and free trade. Protectionist strategies implemented under orderly marketing arrangements include import quotas, export-supply management, and the monitoring of trade flows. The use of orderly marketing arrangements generally span one to five years, although they may be continually extended to a length of ten years or more. [3]

Orderly marketing arrangements also focus on the difference between binding arrangements and non-binding arrangements. Orderly marketing arrangements are included under voluntary restraint agreements; however voluntary restraint agreements may also pertain to trade agreements made between industries and governments. The Consumers Union distinguishes binding from non-binding as government to industry arrangements and government to government arrangements. The effect on domestic and international law differs depending on binding and non-binding agreements . An agreement could cause problems with domestic law but not international law or vice versa. There has been an increase in the desire of orderly marketing arrangements due to the rising pressures from the ever-changing patterns of imports and world trade, this led to orderly marketing arrangements becoming a tool for policy. If agreements are not negotiated, a more unilateral trade policy may be applied by the importing country. [4]

Voluntary restraint agreements and orderly marketing arrangements are considered grey area measures and have been banned by the World Trade Organization since 1995. All grey area measures active at that time were terminated by 1999. [1]

Former orderly marketing agreements

The United States alone has applied orderly marketing arrangements to the import of textiles, steel, automobiles, electronics and shoes. [5] At the end of the 1960s and early 1970s there was a marketing arrangement implemented in the steel Industry. This arrangement occurred when the United States government engaged steel industries particularly from Japan and Europe. This presented the idea of self-restraints on steel products coming into the US market. During this time, there was a letter send by steel industries from Japan and Europe to the US which presented the action plan. The Consumers Union of Kissinger states that the arrangement was not a formal operation, and was more informal than most marketing agreements. Due to this, Orderly Marketing Arrangements are strictly government to government and formal arrangements where voluntary restraint agreements are less formal. Voluntary restraint agreements are not legally binding and are used by the exporting country to avoid bigger trade problems. [6]

See also

Related Research Articles

The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis."

A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and policy that taxes foreign products to encourage or safeguard domestic industry. Protective tariffs are among the most widely used instruments of protectionism, along with import quotas and export quotas and other non-tariff barriers to trade.

<span class="mw-page-title-main">Free trade</span> Absence of government restriction on international trade

Free trade is a trade policy that does not restrict imports or exports. In government, free trade is predominantly advocated by political parties that hold economically liberal positions, while economic nationalist and left-wing political parties generally support protectionism, the opposite of free trade.

<span class="mw-page-title-main">Protectionism</span> Economic policy of restraining trade between states through government regulations

Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulations. Proponents argue that protectionist policies shield the producers, businesses, and workers of the import-competing sector in the country from foreign competitors. Opponents argue that protectionist policies reduce trade and adversely affect consumers in general as well as the producers and workers in export sectors, both in the country implementing protectionist policies and, in the countries, protected against.

Dumping, in economics, is a kind of injuring pricing, especially in the context of international trade. It occurs when manufacturers export a product to another country at a price below the normal price with an injuring effect. The objective of dumping is to increase market share in a foreign market by driving out competition and thereby create a monopoly situation where the exporter will be able to unilaterally dictate price and quality of the product. Trade treaties might include mechanisms to alleviate problems related to dumping, such as countervailing duty penalties and anti-dumping statutes.

<span class="mw-page-title-main">Export</span> Goods produced in one country that are sold to another country

An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is an exporter; the foreign buyers is an importer. Services that figure in international trade include financial, accounting and other professional services, tourism, education as well as intellectual property rights.

<span class="mw-page-title-main">Trade barrier</span> Restrictions limiting international trade

Trade barriers are government-induced restrictions on international trade. According to the theory of comparative advantage, trade barriers are detrimental to the world economy and decrease overall economic efficiency.

The Uruguay Round was the 8th round of multilateral trade negotiations (MTN) conducted within the framework of the General Agreement on Tariffs and Trade (GATT), spanning from 1986 to 1993 and embracing 123 countries as "contracting parties". The Round led to the creation of the World Trade Organization, with GATT remaining as an integral part of the WTO agreements. The broad mandate of the Round had been to extend GATT trade rules to areas previously exempted as too difficult to liberalize and increasingly important new areas previously not included. The Round came into effect in 1995 with deadlines ending in 2000 under the administrative direction of the newly created World Trade Organization (WTO).

<span class="mw-page-title-main">Non-tariff barriers to trade</span> Type of trade barriers

Non-tariff barriers to trade are trade barriers that restrict imports or exports of goods or services through mechanisms other than the simple imposition of tariffs. Such barriers are subject to controversy and debate, as they may comply with international rules on trade yet serve protectionist purposes.

<span class="mw-page-title-main">Australia–United States Free Trade Agreement</span> Preferential trade agreement

The Australia – United States Free Trade Agreement (AUSFTA) is a preferential trade agreement between Australia and the United States modelled on the North American Free Trade Agreement (NAFTA). The AUSFTA was signed on 18 May 2004 and came into effect on 1 January 2005.

<span class="mw-page-title-main">Safeguard</span>

In international trade law, a safeguard is a restraint to protect home or national industries from foreign competition. In the World Trade Organization (WTO), a member may take a safeguard action, such as restricting imports of a product temporarily to protect a domestic industry from an increase in imports causing or threatening to cause injury to domestic production.

<span class="mw-page-title-main">Trade policy of Japan</span> Overview of the trade policy of Japan

The trade policy of Japan related to Japan's approach to import and export with other countries.

<span class="mw-page-title-main">Market access</span> Ability to sell goods and services across borders

In international trade, market access refers to a company's ability to enter a foreign market by selling its goods and services in another country. Market access is not the same as free trade, because market access is normally subject to conditions or requirements, whereas under ideal free trade conditions goods and services can circulate across borders without any barriers to trade. Expanding market access is therefore often a more achievable goal of trade negotiations than achieving free trade.

Cultural exception is a political concept introduced by France in General Agreement on Tariffs and Trade (GATT) negotiations in 1993 to treat culture differently from other commercial products. In other words, its purpose is to consider cultural goods and services as exceptions in international treaties and agreements especially with the World Trade Organization (WTO). Its goals are to point out that States are sovereign as far as limitation of culture free trade is concerned in order to protect and promote their artists and other elements of their culture. Concretely, it can be seen through protectionist measures limiting the diffusion of foreign artistic work (quotas) or through subsidies distributed according to the country's cultural policy.

Tariffs have historically served a key role in the trade policy of the United States. Their purpose was to generate revenue for the federal government and to allow for import substitution industrialization by acting as a protective barrier around infant industries. They also aimed to reduce the trade deficit and the pressure of foreign competition. Tariffs were one of the pillars of the American System that allowed the rapid development and industrialization of the United States. The United States pursued a protectionist policy from the beginning of the 19th century until the middle of the 20th century. Between 1861 and 1933, they had one of the highest average tariff rates on manufactured imports in the world. However American agricultural and industrial goods were cheaper than rival products and the tariff had an impact primarily on wool products. After 1942 the U.S. promoted worldwide free trade.

<span class="mw-page-title-main">Voluntary export restraint</span>

A voluntary export restraint (VER) or voluntary export restriction is a measure by which the government or an industry in the importing country arranges with the government or the competing industry in the exporting country for a restriction on the volume of the latter's exports of one or more products.

In economics, a tariff-rate quota (TRQ) is a two-tiered tariff system that combines import quotas and tariffs to regulate import products.

Protectionism in the United States is protectionist economic policy that erects tariffs and other barriers on imported goods. In the US this policy was most prevalent in the 19th century. At that time it was mainly used to protect Northern industries and was opposed by Southern states that wanted free trade to expand cotton and other agricultural exports. Protectionist measures included tariffs and quotas on imported goods, along with subsidies and other means, to restrain the free movement of imported goods, thus encouraging local industry.

Australian governments, both those of the colonies after the introduction of responsible government in the 1850s and the national government since federation in 1901, have had the power to fix and change tariff rates. This power resides in the respective legislatures, with tariffs, being a tax law, is required to originate in the lower house of the legislature.

The Agreement on Textiles and Clothing (ATC) succeeded the Multi Fibre Arrangement (MFA), and facilitated the gradual dismantling of quotas for world textile trade that the MFA had put into place. Thus, the Agreement on Textiles and Clothing (ATC) stipulated a systematic and progressive elimination of the Multi Fiber Arrangement (MFA) over a span of ten years. This process culminated on 1 January 2005. The ATC aims to abolish quota restrictions on textiles and clothing in global trade by 2005.

References

  1. 1 2 Goode, W. (2007). "Agreement on safeguards". Dictionary of trade policy terms (5th ed.). Cambridge University Press.
  2. Harris, Richard (November 1985). "Why Voluntary Export Restraints Are 'Voluntary'". The Canadian Journal of Economics. 18 (4): 799–809. doi:10.2307/135091. JSTOR   135091.
  3. Jackson, John H.; Kirgis, Frederic L.; Meier, Gerald M.; Katz, Julius L.; Ehrenhaft, Peter D. (1978). "Orderly Marketing Arrangements". Proceedings of the Annual Meeting (American Society of International Law). 72: 1–26. JSTOR   25657954.
  4. Murray, Tracey (1978). "Alternative Forms of Protection Against Market Disruption". Kyklos. 31 (4): 624–637. doi:10.1111/j.1467-6435.1978.tb00663.x.
  5. Mullaney, Thomas E. (March 10, 1978). "'Orderly Marketing' Pacts And Restriction of Imports". The New York Times. Retrieved March 29, 2018.
  6. Kostecki, Michel (1987). "Export-restraint Arrangements and Trade Liberalization". The World Economy. 10 (4): 425–453. doi:10.1111/j.1467-9701.1987.tb00861.x.