Impacts and Strategic Implications of Environmentally-
Related Non-Tariff Barriers on Exporters from Developing
Countries: a Study of the Chinese Organic Food Industry
By
Yan Yang
Master of Science in International Business
A Dissertation Submitted in Partial Fulfillment of the Requirements for
the Award of Master of Science in International Business to Portobello
College Dublin (Validated by the University of Wales)
Supervisor: Maryrose Molloy
26th October 2007
ii
Declaration
This work has not previously been accepted in substance for any degree and is not
being concurrently submitted in candidature for any degree.
Signed …………………………………………………………..…
Date …………………………………………………………….….
Statement 1
This dissertation is being submitted in partial fulfilment of the requirements for the
degree of:
……………………………………………………..……………….. (ie MA, MSc, MBA, etc)
Signed ……………………………………………………………..
Date ………………………………………………………………..
Statement 2
This dissertation is the result of my own independent work and investigation, except
where otherwise stated. Other sources are acknowledged by footnotes giving explicit
references. A bibliography is appended.
Signed ……………………………………………………………
Date ………………………………………………………………
Statement 3
I hereby give consent for my dissertation, if accepted, to be available for photocopying
and for inter-library loan, and for the title and summary to be made available to outside
organisations.
Signed ………………………………………………………….…
Date …………………………………………………………….…
iii
Abstract
This thesis researched the influence of ETBs on exporters from developing countries
and their corresponding strategies through a case study of the Chinese organic food
industry.
Initially, a description of international trade and world export was developed,
including their roles in the process of globalization. Trade barriers generated in
international trade were then explained, with the focus on NTBs, especially ETBs.
Lastly, the link between ETBs and market access was described and then the purpose
of this study was proposed.
Recent literature relating to NTBs were reviewed, including types of NTBs,
developing countries’ NTBs concerns, the principles of WTO involved in ETBs, and
market entry considerations. To gain more insight into the impact of ETBs on
exporters, a case study of the Chinese organic food industry was chosen as the current
research strategy to carry out a comprehensive description and qualitative analysis.
Background of the organic food industry was firstly introduced, and then national
differences in standards, certification and accreditation systems as major ETBs for the
export-oriented developing countries were fully described. In order to obtain direct
and true data, in-depth interviews with managers in the Chinese organic food industry
were performed to measure their perceptions of the influence of organic certification
as one ETB on market entry and their corresponding strategies to overcome this ETB.
Results showed that organic certification was a primary ETB, and definitely played a
main role in making a go/no-go decision and affects export trade. Based on the
results, some implications were given at the end, including three aspects: managerial,
governmental and WTO’s implications.
Finally, conclusions indicated that ETBs had exerted immense influence on exporters
from developing countries and therefore managers, governments and WTO should
cooperate to overcome and eliminate the impact of ETBs and thus promote free trade.
Keywords: Environmentally-related non-tariff barrier, International trade, Organic
food, Organic certification, Market entry strategy, WTO
iv
Acknowledgements
I wish to acknowledge everyone who helped and encouraged me during the course of
this work.
My deepest gratitude goes first and foremost to my supervisor, Ms. Maryrose Molloy,
senior law lecturer, who has kept giving me invaluable guidance, advice, great
support, and all kinds of help. Without her consistent and illuminating instruction,
this thesis could not have reached its present form. Her kindness is always
unforgettable.
Next I would like to express my heartfelt gratitude to Dr. Paul O’Leary who gave me
much support during the period of my dissertation proposal. I am also greatly
indebted to all of my lecturers, who taught me in the past one year.
I also express my gratitude to the Head of School and College, academic staff and
technical staff in the college for their kind support and efforts.
I want to give my sincere thanks to my father, Manfa Yang, my mother, Fenglian Li,
my sister, Lin Yang, and my husband, Dr. Fuqiang Nie. Without their love, trust,
understanding and support, I would never have completed this thesis. I would like to
extend my best wishes to their health here.
Finally, I also owe my sincere gratitude to my fellow classmates and friends for their
invaluable assistance, encouragement and friendship during study periods.
v
Table of Contents
Declaration ……………………………………………………………………………………………….. ii
Abstract……………………………………………………………………………………………………. iii
Acknowledgements…………………………………………………………………………………… iv
Table of Contents………………………………………………………………………………………. v
List of Tables…………………………………………………………………………………………… vii
List of Figures ………………………………………………………………………………………… viii
List of Abbreviations………………………………………………………………………………… ix
Chapter I Introduction ……………………………………………………………………………… 1
1.1 International trade and globalization …………………………………………………….. 1
1.2 Benefits of international free trade ……………………………………………………….. 3
1.3 Reasons for trade barriers……………………………………………………………………. 4
1.4 Creation of free trade mechanisms ……………………………………………………….. 6
1.5 Dominance of the NTBs in international trade ……………………………………….. 7
1.6 Purpose of the thesis ………………………………………………………………………… 10
Chapter II Literature review……………………………………………………………………….. 11
2.1 Definition of NTBs………………………………………………………………………….. 11
2.2 Types of NTBs ……………………………………………………………………………….. 12
2.3 Developing countries’ NTB concerns………………………………………………….. 13
2.4 Environmentally-related NTBs ………………………………………………………….. 14
2.5 Treatment of NTBs in international agreements ……………………………………. 15
2.6 PPMs…………………………………………………………………………………………….. 19
2.7 Reponses to NTBs …………………………………………………………………………… 21
2.7.1 WTO dispute settlement……………………………………………………………. 22
2.7.2 International negotiations………………………………………………………….. 23
2.7.3 Management responses …………………………………………………………….. 24
2.8 Market entry considerations………………………………………………………………. 24
Chapter III Research Methodology …………………………………………………………. 27
3.1 Introduction ……………………………………………………………………………………. 27
3.2 Research Approach………………………………………………………………………….. 27
3.3 Research strategy…………………………………………………………………………….. 28
3.4 Case Selection ………………………………………………………………………………… 30
3.5 Data Collection Methods ………………………………………………………………….. 31
3.6 Data analysis…………………………………………………………………………………… 32
Chapter IV Case Study…………………………………………………………………………… 34
4.1 Status of the Organic Food Industry……………………………………………………. 34
4.1.1 Organic Agriculture …………………………………………………………………. 34
4.1.2 Global Organic Food Market……………………………………………………… 35
4.1.3 European Organic Food Market …………………………………………………. 36
4.1.4 Organic Food in China ……………………………………………………………… 38
4.2 ETB in the Organic Food Industry ……………………………………………………… 39
vi
4.2.1 Trade Barriers in the Organic Food Industry…………………………………. 39
4.2.2 ETB in the Organic Food Industry — Organic Certification……………. 39
4.2.3 Regulations for Importing Organic Production ……………………………… 40
4.2.4 Status of Organic Certification in the EU …………………………………….. 42
4.2.5 Organic Certification in China……………………………………………………. 43
4.4 Interview Results …………………………………………………………………………….. 44
4.4.1 Company and personal data……………………………………………………….. 44
4.4.2 Interview results………………………………………………………………………. 46
Chapter V Implications ………………………………………………………………………….. 49
5.1 Managerial Implications …………………………………………………………………… 49
5.2 Governmental implications ……………………………………………………………….. 52
5.3 WTO’s implications…………………………………………………………………………. 56
Chapter VI Conclusion and future research………………………………………………. 60
References ………………………………………………………………………………………………. 63
Appendix A …………………………………………………………………………………………….. 70
Appendix B …………………………………………………………………………………………….. 71
Appendix C …………………………………………………………………………………………….. 74
Appendix D …………………………………………………………………………………………….. 75
vii
List of Tables
Page
Table 1 Relevant situations for different researches 28
Table 2 Sources of evidence in case research: strengths and weaknesses 31
Table 3 Sampling strategies for selecting informants 32
Table 4 Global organic food market value 35
Table 5 Europe organic food market value 37
Table 6 Basic information of companies 45
viii
List of Figures
Page
Figure 1 Comparison of Growth of World Exports, World Production
and World GDP 1
Figure 2 Changes in global trade flows 2
Figure 3 Classification of market entry modes 25
Figure 4 Factors affecting the foreign market entry mode decision 26
Figure 5 Scientific approach for conducting a case study research 29
Figure 6 Global organic food market value, 2002-2006 35
Figure 7 Global organic food market segmentation: % share, by value, 2006 36
Figure 8 Europe organic food market value, 2002-2006 37
Figure 9 The value of trade in exports of the Chinese organic products 38
Figure 10 The EU organic-farming certification procedure 43
ix
List of Abbreviations
ASEAN Association of South East Asian Nations
CAGR Compound Annual Growth Rate
CBI Centre for the Promotion of Imports from Developing Countries
CNAB China National Accreditation Board
CTA Technical Centre for Agricultural and Rural Cooperation
CTE Committee on Trade and Environment
DS Dispute Settlement
DSB Dispute Settlement Body
DSU Dispute Settlement Understanding
EEC European Economic Community
EFTA European Free Trade Association
ETB Environmentally-related non-tariff Barriers
EU European Union
FAO Food and Agriculture Organization of the United Nations
FRCO Registered Foreign Certification Organisation
FTA Free Trade Agreement
GATS General Agreement on Trade in Services
GATT General Agreement on Tariffs and Trade
GDP Gross Domestic Product
ICTSD International Centre for Trade and Sustainable Development
IFOAM International Federation of Organic Agriculture Movements
IIED International Institute for Environment and Development
ILEAP International Lawyers and Economists against Poverty
IMF International Monetary Fund
INTAL Institute for the Integration of Latin America and the Caribbean
ISO International Organization for Standardization
ITC International Trade Center
ITD Integration, Trade and Hemispheric Issues Division
JAS Japan Agricultural Standard
LEAD Livestock, Environment and Development Virtual Centre
MAFF Ministry of Agriculture, Forestry and Fisheries
MOFCOM Ministry of Commerce of People’s Republic of China
x
NAFTA North American Free Trade Agreement
NAMA Non-Agricultural Market Access
NOP National Organic Program
Npr-PPMs Non-product-related PPMs
NTB Non-Tariff Barrier
NTM Non-Tariff Measure
OECD Organization for Economic Co-operation and Development
OFDC Organic Food Development Center
OFPA Organic Foods Production Act
PPMs Process and Production Methods
Pr-PPMs Product–related PPMs
RCO Registered Certification Organisation
RECIEL Review of European Community and International Environmental Law
SCM Subsidies and countervailing measures
SEPA State Environmental Protection Administration
SPS Sanitary and Phytosanitary Measures
TBT Technical Barriers to Trade
TRAINS Trade Analysis and Information System
TRIPS Trade Related Aspects of Intellectual Property Rights
US United stated
USDA United States Department of Agriculture
USTR United States Trade Representative
UNCTAD United Nations Commission on Trade and Development
WTO World Trade Organization
CHAPTER I INTRODUCTION
1
Chapter I Introduction
1.1 International trade and globalization
International trade is the exchange of goods and services across international
boundaries or territories. Since the 1970s, world exports have grown significantly
more quickly than both world production and total economic output, suggesting that
international trade is increasingly important. One detailed comparison of growths of
world exports, world production and world GDP during 1950-2005 is shown in Figure
1 (WTO, 2006). International trade has been a major driver of global growth and
prosperity over the last fifty years.
1950
1955
1960
1965
1970
1975
1980
1985
1990
1995
2000
2005
0
1000
2000
3000
4000
5000
6000
7000
8000
V olum e indices, 1950 = 100
Log.
scale
V alue of W orld E xports
V olum e of W orld E xports
V olum e of W orld P roduction
W orld G D P
Figure 1: Comparison of growth of world exports, world production and world GDP
Source: Author’s calculations on the basis of WTO (2006) data (see Appendix A)
Prior to the 1970s, a dichotomy was observed between the developed and developing
countries as raw materials were flowing north and finished goods were flowing south.
This situation can mainly be explained by differences in levels of development. From
the 1970s, this situation changed as industrial development took place in many
developing countries in Latin America (Mexico), Southeast Asia (Malaysia, Thailand,
CHAPTER I INTRODUCTION
2
Indonesia) and East Asia (China, South Korea, Taiwan). Many industrial processes
that initially took place in the developed countries were relocated in new locations
offering lower production costs, namely because of cheaper labour. Consequently,
global trade flows are now characterized by significant flows of merchandises from
developing to developed countries (Figure 2) (Rodrigue, 2006).
Figure 2: Changes in global trade flows
Source: Rodrigue, 2006
The global trade has grown both in absolute and relative terms, particularly after 1995
where global exports surged in the wake of rapid industrialization in developing
countries, particularly China (Rodrigue, 2006). Following 25 years of solid growth,
the value of China’s exports overtook those of the US, making China the world’s
second-largest exporter. Increasing exports in other developing countries, notably
Brazil and India, have further increased the weight of developing countries in world
trade. Developing-country trade reached a landmark in 2006. Over the long term, as
these trends continue, the share of developing countries in world trade is projected to
reach some 45 percent by 2030 (World Bank, 2007).
The tremendous growth of international trade over the past several decades has been
both a primary cause and effect of globalization, which started after World War II but
had accelerated considerably since the mid-1980s (Soubbotina & Sheram, 2000).
Globalization could spur faster growth in average incomes in the next 25 years than
during 1980-2005, with developing countries playing a central role. The global
economy could expand from $35 trillion in 2005 to $72 trillion in 2030. However,
CHAPTER I INTRODUCTION
3
unless managed carefully, it could be accompanied by growing income inequality and
potentially severe environmental pressures, predicts the World Bank. Internationally,
the Global Economic Prospects 2007 calls for stronger institutions for tackling threats
to the global commons. It also calls for more and better development assistance.
Reducing barriers to trade is vital as well, since it can create new opportunities for
poor countries and poor people. “Revitalizing the Doha round of world trade
negotiations and concluding an agreement that benefits the poor is urgent,” said Mr.
Dadush (World Bank, 2006).
1.2 Benefits of international free trade
Irwin (1996) had provided a concise definition of free trade: free trade generally
means that there are no artificial impediments to the exchange of goods across
national markets and that therefore the prices faced by domestic producers and
consumers are the same as those determined by the world market.
The benefits of free trade are well known to the economists, and the policy of
advancing trade receives widespread support from the profession. Economic theory,
dating back at least to Adam Smith and David Ricardo, had concluded that free
markets are the cornerstone of economic growth and prosperity. Adam Smith, the
founder of modern economics, was a strong champion of both free markets and free
trade, and his arguments (1776) was compelling: free trade allows countries to take
advantage of their comparative advantage, with all nations benefiting as each one
specializes in the areas in which it excels. David Ricardo (1817), who was one of the
most influential classical economists, introduced the theory of comparative advantage:
countries prosper first by taking advantage of their assets in order to concentrate on
what they can produce best, and then by trading these products for products that other
countries produce best.
According to neoclassical economic theory, trade would largely eliminate the
handicaps of countries with limited natural resources or those in lower developmental
stages. It is through trade that developmental opportunities would be more widely
distributed across the world. Although the causal direction between open trade and
growth was not clear (Garrett, 2000; Harrison, 1996), many empirical studies
supported the idea that free and open international trade promoted economic growth
(Edwards, 1992, 1997; IMF, 1993; Sachs & Warner, 1995). Edwards (1992) found
CHAPTER I INTRODUCTION
4
that there was a catch-up effect, in the sense that countries with a lower initial level of
income per capita will tend to grow faster than other countries. Countries with more
open trade policies have a greater ability to capture new technologies being developed
in the rest of the world (Barro & Sala-i-Martin, 1995; Edwards, 1997). Open markets
foster an economic dynamism as entrepreneurial individuals create new opportunities
afforded by access to global markets (O’Driscoll & Cooper, 2005). Trade
liberalization is the best way for an economy to realize its comparative advantages
(Krueger, 1997; Rapley, 1996) and to increase economic efficiency (Kim & Shin,
2002).
Trade is also enriching to the extent it allows countries to take greater advantage of
economies of scale. In addition, open markets and international trade can increase the
flexibility of an economy. Further, trade can increase the competitive pressures in the
market place, pushing firms to cut waste, keep prices down, improve quality, and
raise productivity. Finally, trade can accelerate the pace of technical advance and
boost the level of productivity (Elwell, 2006).
Krugman (1987) asserted that for 170 years the appreciation that international trade
benefits a country had been one of the touchstones of professionalism in economics.
Economic theory thus leads to the conclusion that free trade is to the mutual
advantage of all participants. In principle all countries would benefit from the
complete elimination of artificial barriers to international trade; each country would
be enabled to achieve the greatest possible benefit from the resources available to it.
However, in practice trade barriers are widespread, and indeed are maintained, for a
variety of reasons, as a deliberate policy measure (Barrass & Madhavan, 1996).
1.3 Reasons for trade barriers
Although there are many benefits from international free trade, a country opening to
international trade also faces considerable risk associated with strong competition in
the international markets. Many national enterprises and even entire industries that
are less competitive and adaptable will be forced out of business, which explains why
trade liberalization is so often opposed even in high income, better prepared countries.
Therefore, governments of developing countries often argue that many of their
national industries require temporary protection until they become better established
and less vulnerable to foreign competition. To protect domestic producers,
CHAPTER I INTRODUCTION
5
governments seek to weaken competition from foreign produced goods by introducing
import quotas or, more often, by imposing import tariffs to make foreign goods more
expensive and less attractive to consumers (Soubbotina, 2004).
Any restriction imposed on free flow of trade is a trade barrier. Trade barriers can
either be tariff barriers, which are levy of ordinary customs duties within the binding
commitments undertaken by the concerned country in accordance with Article II of
GATT or NTBs, which is any trade barriers other than tariff barriers (Gupta, 1997).
Trade barriers go against exporters because they interfere with the normal supply and
demand and make international trade more complicated. They also negatively impact
importers and ultimately consumers since they interfere with competitive sourcing
which can result in higher prices (Virginia, 2006).
Trade barriers are as ancient as trade itself and there are many reasons countries
institute trade barriers. Trade barriers initially arose in the form of tariffs levied to
raise money. For many countries, tariffs are a major source of income and very
important to the national economy. In addition, tariffs, quotas and NTBs such as
excessive regulations are now commonly used to protect domestic industry from
foreign competition. Finally, countries often use barriers as tools of foreign policy,
and very high or low tariffs can be used to reward or punish other nations in support
of foreign policy initiatives. This is the premise of most free trade agreements and
embargoes, boycotts and sanctions. For all of these reasons, trade barriers are
sensitive and controversial issues (Virginia, 2006).
Barrass and Madhavan (1996) argued that the use of policy instruments involving
trade barriers is logical if it affords some longer-term gain, which offsets the short-
term cost of forgoing the benefit of free trade. There are various circumstances in
which trade barriers may be advantageous:
• Exogenous shocks ― where an economy is subject to sudden changes which
strain its capacity to adjust, trade barriers may moderate the effects of the
change and afford “breathing space” while the adjustment is made.
• Structural change ― countries can pursue policies that consciously aim to
restructure economic activity, so that a sector that is currently uncompetitive
CHAPTER I INTRODUCTION
6
in world markets may become competitive in the future. Another concern is to
protect industries from disruption caused by a practice known as “dumping”.
• Relative advantage ― the argument for free trade may in some circumstances
be inconsistent with policy objectives. Countries may be more concerned with
their relative advantage, and may seek to weaken their rivals by excluding
them from access to markets.
• Strategic considerations ― free trade may also be thought undesirable for
political reasons, particularly to avoid dependence on foreign sources for items
that are of key importance in times of conflict.
Finally, they concluded that although trade barriers might be advantageous in some
specific circumstances, economists justify protectionist policies — used by developed
countries too — mostly as temporary measures. In the long run, such policies can be
economically dangerous because they allow domestic producers to continue
producing less efficiently and eventually lead to economic stagnation. However, it is
conceivable that, in the long term, a phased liberalization of trade would be preferable
to an immediate removal of trade barriers.
1.4 Creation of free trade mechanisms
Intensification of efforts to improve restraints on national government’s capabilities to
adopt protectionist policies restricting international trade leads to differing
developments of states coming together for development of trade, such as bilateral
trade between US and Canada; regional trade among EU, formerly EEC established in
1957; and multilateral trade among GATT/WTO.
A number of international institutions established in the wake of World War II have
played an important role in promoting free trade in place of protectionism. The IMF
and the World Bank were both created at an international conference convened in
Bretton Woods in July 1944. The goal of the conference participants was to establish
a framework for economic cooperation and development that would lead to a more
stable and prosperous global economy (IMF, 2006). The GATT, which came into
being in 1948, is a treaty related to development of free trade throughout the world.
GATT is originally authorized to seek reductions in tariff and NTBs to trade, as well
as establish a mechanism for settling international disputes related to trade. The WTO
CHAPTER I INTRODUCTION
7
was founded in 1995 to replace the GATT at the Uruguay Round and aims to lower
tariffs and NTBs to increase international trade (Soubboyina, 2004).
During the past two decades, nearly every country that participated in GATT or the
WTO has also joined with neighbouring countries in some form of regional trade
arrangement. These regional trade arrangements differ in structure and in the issues
they negotiate, but they have a common objective to increase trade and prosperity
through mutual reduction of barriers to the exports of neighbouring countries.
Regional trade agreements have proliferated in recent years. Arrangements that
partially or fully embrace free trade among countries within a given region have been
established in North America, Europe, Southeast Asia, the southern part of South
America, the Andean region of South America, Central America, and in several
African sub-regions, such as NAFTA, ASEAN, EU, and so on (globalization101.org).
Bilateral trade deals may forge two or more countries into larger trade entities,
thereby reducing the number of borders in the world. Instead of establishing
privileged trade relations between countries at the exclusion of others, bilaterals might
act as stepping stones towards global liberalisation, provided that the bilateral
agreement would establish “deep integration”, meaning: a high level of market access
for both goods and services, coupled with a series of agreements on trade-related
issues, such as investment, competition, government procurement, trade facilitation,
TBT, SPS, intellectual property protection, etc (Maes, 2007).
1.5 Dominance of the NTBs in international trade
The NTBs did not seriously affect trade flows until the mid-1960s (Baldwin, 1970).
Prior to that time, tariffs were the dominant means of distorting world trade flows to
the benefit of a particular host country. However, the success of the GATT and WTO
had resulted in relatively low tariff levels, which was indicated as the following (BBC
News, 2007):
• 1949 — Second GATT round of trade talks held at Annecy, France, where
countries exchanged some 5,000 tariff concessions.
• 1950 — Third GATT round held in Torquay, England, where countries
exchanged some 8,700 tariff concessions, cutting the 1948 tariff levels by 25%.
• 1955-56 — The next trade round resulted in $2.5bn in tariff reductions.
CHAPTER I INTRODUCTION
8
• 1960-62 — Fifth GATT round yielded tariff concessions worth $4.9bn of world
trade and involved negotiations related to the creation of the EEC.
• 1964-67 — The Kennedy Round achieved tariff cuts worth $40bn of world trade.
• 1973-79 — The Tokyo Round achieved tariff reductions worth more than
$300bn.
• 1986-93 — The Uruguay Round achieved the biggest market access tariff
reduction package ever achieved in GATT negotiations, being 30 times larger
than outcomes achieved from previous negotiating rounds. Most tariffs were cut
by at least one third.
Since significant tariff reductions were agreed, tariffs have been declining, but new
threats have emerged to the free-trade regime. NTBs had emerged as a difficult,
challenging constraint and may now be the most significant trade distorting
mechanism (Ray & Marvel, 1984). Industry demands for some form of protection
had multiplied in nearly all countries, and increasingly, governments had sought to
satisfy these demands for protection through NTBs. NTB generally refers to any
measure other than a tariff, which restricts or distorts trade. It ranges from
instruments directly related to trade, for example quantitative restrictions on imports,
to regulations that affect international trade in practice although they were designed
for different objectives (Reichert, 2006).
Since the early 1970s, global environmental problems such as ocean pollution, bio-
diversity loss, climate change and ozone depletion have raised awareness among
scholars, activists and governments throughout the world that issues once considered
local now demand extraordinary levels of international cooperation (Roberts et al.,
2004). And meanwhile, the trend of environmental protection in international
communities is becoming greater and greater, and environmental protection is used as
an important condition in regulating international trade and is likely to form a new
kind of NTBs, i.e. ETB. In fact, ETBs are increasingly acting as the significant roles
in international trade and are coming to front (Qin, 1999).
Environmental measures cover all measures that have been introduced by importing
countries to protect the environment, as well as the health and safety of wildlife,
plants, animals and humans (Fontagné et al., 2001, 2005). Environmental and health
CHAPTER I INTRODUCTION
9
standards and regulations, as well as related consumer and business preferences may
take several forms, such as: technical standards and regulations, product-content
requirements; sanitary and phytosanitary measures; mandatory labelling; and
packaging requirements (LEAD, 2006). In the WTO, environmental measures can be
seen as a trade barrier from two perspectives: (1) as discriminating between domestic
and foreign products; (2) requiring exporters to fulfil requirements and procedures
that result in additional costs or otherwise hinder trade. In the context of
environmental measures it is crucial which criteria are used to assess whether a
measure is more trade-restrictive than necessary and which scientific principles and
methods are considered valid (Reichert, 2006).
Unfortunately, many countries, in the name of environmental protection, apply
environmental measures and require imported products to meet demands of
environmental technical standards and of laws, regulations and requirements
concerning SPS but without informing exporters concrete condition in advance, which
essentially set up the barriers to foreign products’ accession to domestic market.
Absolutely, the impact of ETBs on the developing countries is more enormous due to
their lack of financial and technical resources. There are more and more trade
restricting and distorting effects caused by many environmental measures especially
those adopted by developed countries. Many governmental officials and scholars
from developing countries worry that once strict environmental laws and standards
advocated by developed countries are affirmed by the WTO, they are likely to be
abused by major trading powers and cause ETBs, and as a result products from
developing countries are unable to gain access to their domestic markets (Qin, 1999).
Market access is a key issue for developing countries. As tariffs have declined
developing countries worry that environmental policies in developed countries may be
applied as ETBs and adversely affect market access of their products. Many
developing countries are concerned that they are ill-prepared to meet increasingly
complex and burdensome standards and regulations, because producers in developing
countries may lack technical and financial ability to comply with the environmental
regulations of industrialized nations. Environmental, SPS and other technical
requirements have been viewed by a number of developing countries as a greater
constraint or barrier on their ability to export agricultural and food products than
CHAPTER I INTRODUCTION
10
tariffs and quantitative restrictions, particularly in the case of their export to the EU
(LEAD, 2006).
1.6 Purpose of the thesis
Globalization makes more and more firms internationalize for proactive motives (e.g.
profit and growth goals) and reactive motives (e.g. competitive pressures) (Hollensen,
2004). While a well organized, planned firm with suitable strategy into international
markets will enhance the probability of success as well as the level of success, many
obstacles and challenges still are likely to be encountered (Naumann & Lincoln,
1991). It has been noted that closed markets (i.e., those with a high level of tariffs
and/or NTBs) are the biggest challenge to firms entering international trade (Jeannet
& Hennessey, 1988). Especially in recent years, environmental issues are
increasingly raising awareness throughout the world and ETBs are likely now to be
the major obstacles faced by exports from developing countries attempting to enter
developed countries’ market. Although significant research is to be found in the
academic literature concerning the impact of ETBs on international trade, the same
cannot be said about research on the impact of ETBs on managerial decision-making.
There is little to be found in this area. My thesis therefore seeks to deal with the latter
in the context of the case study, which will focus on the impact of organic
certification on the Chinese organic food firms exporting to the EU. I hope that my
research will provide some valuable insight to such managers working in this complex
area.
CHAPTER II LITERATURE REVIEW
11
Chapter II Literature review
2.1 Definition of NTBs
In some of the literature, NTBs are also called NTMs. In the WTO and UNCTAD the
term “measure” is most widely used because it is more neutral. Such researchers as
Baldwin (1970), Walter (1972), Hillman (1991) and Deardorff & Stern (1997)
provided their definitions of this phenomenon.
• The most general was that provided by Walter, who categorized as NTBs all
policies that distort the volume of trade, the commodity composition of trade,
and the direction of trade.
• A narrower definition of NTB was provided by Baldwin, who defined an NTB
as any measure that causes internationally traded goods and services or
resources devoted to the production of these goods and services to be allocated
in such as way as to reduce potential real world income.
• Hillman defined a NTB as any governmental choice or practice other than a
tariff which directly impedes the entry of imports into a country and/or which
discriminates against imports — that is, does not apply with equal force on
domestic production or distribution.
• Deardorff and Stern defined NTBs as all barriers to trade that are not tariffs.
NTBs include such well-known trade distorting policies as import quotas and
VERs. And they also included a potentially unlimited plethora of policies that
alter however indirectly the prices and/or quantities of trade.
Moreover, several international organisations like UNCTAD (2004) and GATT/WTO
(2002) contributed to formulation of the term “NTBs”. In 2002, NAMA Negotiations
indicated that there was no official definition but, in general terms, NTB refers to any
measure other than a tariff, which protects domestic industry (WTO, 2002). Based on
a careful review of these definitions as well as study of NTBs, Movchan and
Eremenko (2003) proposed the following definition: NTBs are measures, other than
tariffs, that are tightly connected with state (administrative) activity and influence
prices, quantity, structure and/or direction of international flows of goods and services
as well as resources used to produce these goods and services. In this definition, the
emphasis was made on the role of the state in establishment of NTB, although some
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researchers proposed to consider actions of private persons (entrepreneurs) as NTB
source (Baldwin, 1970; Walter, 1972).
2.2 Types of NTBs
Reliable data on NTBs are scarce. UNCTAD’s TRAINS is among the most complete
sets of data on NTBs. Other sources include notifications of NTBs made to the WTO
during the Doha Round’s NAMA negotiations, NTBs reported by industries to
various governments, and barriers reported to various regional trade bodies (Fisher,
2006) (see Appendix B).
UNCTAD (1994) used a classification of over 100 trade measures, including with a
discretionary or variable component. UNCTAD classification grouped seven broad
types of NTMs such as para-tariff measures, price control measures, finance
measures, automatic licensing measures, quantity control measures, monopolistic
measures, and technical measures. Core NTMs included three major categories of
NTMs: (i) Quantity control measures, excluding tariff quotas and enterprise-specific
restrictions; (ii) Finance measures, excluding regulations concerning terms of
payment and transfer delays; and (iii) Price control measures (Bora et al., 2002).
However, this classification does not include any measures applied to production or to
exports. Trade policy researchers like Deardorff and Stern (1997), often described
NTBs/NTMs under the following major categories:
(i) Quantitative restrictions and similar specific limitations
Quantitative restrictions are implemented through various actions such as import
quotas, export quotas, licensing requirement for imports and exports, voluntary export
restraints,
prohibitions,
foreign
exchange
allocation
restrictions,
surrender
requirements, import monitoring, temporary bans to balance trade, discriminatory
bilateral agreements, counter trade, domestic content and mixing requirements,
mandatory certification, and allocation process for quantitative restriction.
(ii) Customs procedures and administrative practices
Several customs procedures and administrative practices such as customs surcharges,
decreed customs valuation minimum import prices, customs classification procedures,
customs clearance procedures, minimum custom value, excises, and special customs
formalities like stamping often create barriers to trade.
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(iii) Non-tariff charges and related policies affecting imports
Imports may also be affected by various policies and non-tariff charges such as
special sales taxes, variable levies, border tax adjustment, value added tax,
antidumping and countervailing measures, cash margin requirements, and rules of
origin.
(iv) Government participation in trade, restrictive practices and more general policies
Governments often provide subsidies and other aids, participate in state trading, and
designate goods subject to specialized management by line ministries. In addition,
they formulate state procurement policy, tax exemptions for critical imports, single or
limited number of channels for imports of food and agricultural products.
(v) Technical barriers to trade
Governments, on various grounds, often set standards such as health and sanitary
regulations and quality standards, safety and industrial standards and regulations,
packaging and labeling regulations, advertising and media regulations.
2.3 Developing countries’ NTB concerns
Some literature had suggested that NTBs may now be the major obstacles faced by
firms attempting to enter foreign markets (Czinkota et al., 1989; Jeannet & Hennessey,
1988). The OECD had recently analyzed NTBs of concern to developing countries.
The analysis focused on three questions: what NTBs developing countries faced,
which products were affected, and whether the issues differed for North-South and
South-South trade. The OECD study concluded that: (a) the most significant sectors
affected by NTBs were fishery products, electrical equipment, pharmaceuticals,
textiles and clothing, the automotive sector and food products; (b) customs and
administrative procedures and TBT were problems mostly for North-South trade; and
(c) customs and administrative procedures and charges on imports were problems for
South-South trade (UNCTAD, 2005).
TBTs, customs and administrative practices, and SPS regulations, are prominent in
analyses of developing countries’ NTB concerns. TBTs are the primary reported
barrier to developing countries’ NTB concerns. Almost half of the complaints in this
area concern technical regulations and standards (46%), followed by testing and
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14
certification arrangements (26%) and by marking, labeling and packaging
requirements (16%). A commonly reported impact of these trade barriers is the
unnecessary (and often significant) increase in costs that effectively impedes exports.
The NTBs reported with second greatest frequency is customs and administrative
procedures, which accounts for almost a third of the total notifications. Within this
broad category, two most prominent barriers are rules of origin and import licensing,
each responsible for more than one-third of notifications. Other areas exhibiting a
high to moderate number of notifications under this category are customs valuation,
formalities, and to a lesser extent, classification. These factors contribute to delaying
trade and increasing costs. SPS measures are the third most frequently reported
barrier. While SPS measures may serve legitimate purposes, the notifying countries
report extra formalities, time, and costliness that restrict or inhibit exports. Obtaining
SPS approvals also reportedly involves tedious and substantial documentation and
bureaucratic procedures (Fliess & Lejarraga, 2005).
The types of products exported by developing to developed countries must often meet
various and conflicting TBT and SPS regulations and standards. Burdensome and
opaque customs rules and practices also present difficulties. Complaints are frequent
that these NTBs constrain exporters who find it difficult to meet detailed product
standards, testing and certification procedures, marking and labeling requirements,
rules of origin and import licensing procedures (Fisher, 2006).
2.4 Environmentally-related NTBs
Under the seven broad types of NTMs that UNCTAD (1994) distinguished, ETBs
may fall into all these categories with the exception of price control measures. There
is a growing consensus that the environmental concerns need to be defined broadly in
the debate on trade and environment. TBT and SPS measures are systematically
included in relevant studies. A recent WTO study showed, for instance, that “in the
WTO, the majority of trade-related environmental measures had been notified under
the TBT Agreement. Since the entry into force of the Agreement on 1 January 1995,
about 2300 notifications had been received, of which some 11 percent were
environment-related” (Nordström & Vaughan, 1999). The environmental concerns
were defined here in a broad sense and six different categories of importing country
motivations for ETBs had been taken into consideration: protection of environment;
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protection of wildlife; protection of plant health; protection of animal health;
protection of human health; protection of human safety (Fontagné et al., 2001, 2005).
Environment strictly accounts for only a limited amount of restrictive measures;
human health and safety concerns are associated with ETBs affecting a much larger
number of products and a much larger value of world trade, while corresponding to
similar levels of restrictiveness (similar proportion of affected trade). In contrast,
plant and animal health are of more limited concern. Lastly, it must be understood
that the protection of wildlife, although affecting a limited number of products, is
associated with the highest degree of restrictiveness (Fontagné et al., 2001, 2005).
Market access can be impeded by a wide variety of environmental measures,
including regulations, standards, and import controls. Such measures are being used
increasingly by more countries (WTO, 2003). TBTs, customs and administrative
practices, and SPS regulations, are prominent in analyses of developing countries’
NTB concerns. Among these three NTBs, TBTs and SPS regulations are relevant to
the environment. So developing countries’ NTB concerns are mainly ETBs.
2.5 Treatment of NTBs in international agreements
NTBs affect all WTO members. Especially, exporters from developing countries
often complained that these NTBs constrained their exporting. Indeed, NTBs are
already a major focus of GATT/WTO work, and the WTO today has rules that try to
address many of these issues and introducing disciplines and rules for handling them
by requiring transparency, consistency, fairness and timeliness (Fisher, 2006).
New trade agreements, including WTO negotiations, are addressing NTBs. WTO
negotiations on trade facilitation focus on issues such as excessive documentation,
inadequate use of information technology, lack of transparency, unclear import and
export requirements, inadequate procedures, and lack of cooperation among customs
and other government agencies (Bora, 2003; Mattson et al., 2004).
At the multilateral level, a first step in dealing with NTBs was taken in the Tokyo
Round of the GATT in the 1970s, but agreement could only be reached in some of the
categories and several of the disciplines were laid down in the so-called Codes whose
membership was optional. The issue was tackled in earnest in the Uruguay Round by
