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UNCTAD XI Assessment of Trade in Services and Development Gains Draft note by the UNCTAD secretariat Document for discussion 17 June 2004, São Paulo Brazil 2 Introduction The main challenge that developing countries are facing is how to strengthen domestic supply capacity in services and reconcile trade, development, social and equity considerations. In this context, liberalization of trade in services has become a concern among many stakeholders in countries who are engaging in the process of reform. This is particularly true when liberalization reaches out into the areas previously considered as the exclusive domain of the public sector. The objective of the note is to identify questions and to provide some preliminary reflections on the methodology for undertaking assessment of services in their developmental and trade dimensions in developing countries. The issues raised during the debate at the meeting will serve to further develop the methodological approach in this area. The objective of the assessment is to identify what are the best policies that developing countries could pursue to maximize the contribution of services to economic growth and sustainable development. The choice of policies that policy makers are facing, spreads over a broad palette of options: it could range anywhere between preserving the role of the government in supplying services to choosing full liberalization of a given sector. All these may be viable options for policy makers depending on the prevailing economic and social conditions in a country and in the international markets. At the same time, on going multilateral trade negotiations on services are posing increasing challenge to negotiators of developing countries. Undertaking specific commitments on trade in services means new international obligations, binding certain policy option. In making such commitments, developing countries need clarity and assurance that these are the best options in terms of reaching development objectives. Assessment in the GATS As provided by GATS Article XIX for each round of negotiations the WTO Council for Trade in services (CTS) shall carry out an assessment of trade in services in overall terms and on a sectoral basis with reference to the objectives of the Agreement, including those set out in paragraph 1 of GATS Article IV. 1 The CTS could not reach any agreed conclusions with respect to the assessment prior to launching on February 2000 the current round of negotiations, and this issue has become a standing item on the agenda of the Special Session (CSS) of the Council. Different interpretations of the assessment mandate have made it difficult to agree on the best approach to fulfil this requirement. Some WTO Members, as well as some analysts, have emphasized on the benefits of services trade liberalization as the core issue to be addressed in the context of the assessment exercise. For others the assessment should focus mainly in evaluating the extent to which the specific commitments adopted by Members has contributed to achieving the objectives set for 1 According to Article IV, the increasing participation of developing countries in services world trade shall be facilitated through negotiated specific commitments relating to: (a) the strengthening of their domestic services capacity and its efficiency and competitiveness; inter alia through access of technology on a commercial basis; (b) the improvement to their access to distribution channels and information networks; and, (c) the liberalization of markets access in sectors and modes of supply of export interest to them. 3 in Article IV. Also, there are contending views with respect to the nature of the assessment exercise. For some Members the assessment should be a collective exercise in the CSS aimed at arriving to agreed conclusions that would allow adjusting negotiations to assure that the objectives of the GATS are adequately fulfilled.2 For other, each Member as the basis for developing their negotiating objectives and strategies should undertake their own assessment of trade in services.3 There seems to be agreement however on the fact that the existing "knowledge gap" concerning services and trade in services in developing countries is a barrier against an effective participation of these countries in the GATS and other negotiations, and also affecting their ability in defining and implementing domestic policies aimed at strengthening their domestic services capacity and increasing its efficiency and competitiveness enhancing its contribution to economic growth and sustainable development. The lack of adequate data on trade in services is commonly highlighted in the literature as a limiting factor. However, the limited understanding of the overall structure and behaviour of services markets in most developing countries should also be factored into the current status of knowledge of the services economy in these countries. Spurred by the Uruguay Round Negotiations a few developing countries undertook in the late eighties and early nineties National Studies on Services in order to enhance their understanding of the services economy and to address their negotiating requirements.4 Since that date a growing number of additional national and sectoral studies have been done in some developing countries in order to promote the understanding of the dynamics of services and their contribution to economic growth and sustainable development. Also, work by international institutions as the World Bank, WTO, OECD and UNCTAD have contributed to increasing knowledge of services in developing countries. Obviously, to day we know more about services in developing countries than during the Uruguay Round. Nevertheless, we have to recognize that there are still important knowledge gaps affecting the ability of many developing countries in implementing domestic services policies and participating effectively in services negotiations. Also, knowledge gaps might be affecting the ability of international institutions in providing sound overall policy advice and technical assistance concerning a number of services sectors. Even in the case of the financial sectors, perhaps one of the sectors were better data is available and one that has been extensively studied, a World Bank report states "The last several years have been seen impressive leaps in our understanding of the importance of the financial sector in development and in the knowledge base for many issues, but there is still much to be learned" (emphasis added).5 2 This is the approximation that seems has been incorporated in the Guidelines and Procedures for the Negotiations (S/L/ 93) adopted by the Council for Trade in Services in Special Session (CTSS), establishing in paragraph 14 of the Guidelines that "negotiations shall be adjusted in the light of the results of the assessment". 3 For a discussion of the debate and country positions and possible approaches to assessment in the Council for Trade in Services refer to: Mashayekhi M and Julsaint M (2002) Assessment of Trade in Services in the Context of the GATS 2000 Negotiations, South Centre, Working papers 13, December. 4 Junta del Acuerdo de Cartagena (1988) National Studies on Services in the Andean Countries (Bolivia, Colombia, Ecuador, Peru and Venezuela); UNCTAD (1990) Services in Asia and the Pacific: Selected Papers; UNDP (1991) Mexico a Service Economy. UNCTAD (1991) Services and Development Potential: The Indian Context. 5 World Bank (2004) Finance for Growth: Policy Choices in a Volatile World. 4 Even though discussion on assessment of trade in services has taken place mostly in the context of GATS Article XIX negotiations, further work should not be at all only concerned with the negotiating requirements of developing countries. Assessment should be fundamentally development oriented providing inputs for the definition of sound national policies oriented to enhance services contribution to economic growth and sustainable development. Then, on the bases of such definitions, the question to be raised would be: How the GATS, and also other negotiating frameworks, can contribute in promoting national objectives and policies? Towards a Comprehensive Assessment of Services in Developing Countries To obtain a better understanding of policy choices available to developing countries for maximizing services contribution to development a number of questions would need to be addressed challenging some of the conventional beliefs: i. What is happening with services in developing countries? It has become common practice to recognize in lectures, papers or publications the increasing role of services in terms of their contribution to GDP and employment in both, developed and developing countries. However, no further discussion of the structure and behaviour of services markets in developing countries generally follows, leaving the comparative analysis between the experience of developed and developing countries aside. In developed market economies growth of services has resulted from the economic evolution leading to what has been defined in the literature as "postindustrial societies" in which modern services have become the more dynamic sectors of the economy. Services are closely interconnected with the rest of economic activities in a virtuous circle, in particular with manufacturing, through which they mutually reinforce each other. The growing externalization of functions by other economic activities, and also by services companies themselves, is reputed to explain growth of modern business services in developed countries, and their contribution to enhancing overall economic efficiency through its effect on specialization and economies of scale. In a parallel process manufacturing industries are increasingly generating a higher proportion of their income through the sales of services.6 At the same time services have emerged as the main source of demand for ICT products, and other technology-embodying capital goods, sustaining increasing levels of production of many manufacturing activities. Do developing countries following a similar path to modernization as the one observed in developed countries? Or the significant contribution of services to GDP and employment in developing countries are portraying something radically different, even some kind of flawed development? Available information tend to suggest that in most developing countries the growth of services might be the expression of a process quite different than the one historically experienced by 6 OECD (2000) The service economy, Business and Industry policy Forum series; Howells J (2000) Innovation and Services: new conceptual framework, CRIC Discussion paper no 38, Center of Research on innovation and Competition, University of Manchester. 5 today developed countries. Concerning the evolution of the services economy in developing countries relevant questions would also be; is the situation the same in all developing countries? If that is not the case, what explains the difference? Could developing countries leapfrog the modernization of their services sector? The following aspects of services in developing countries highlight the relevance of this type of required research. 7 In many developing countries the more traditional, non-tradable, low productivity services with reduced capital accumulation potential are the ones explaining the increasing share of services in GDP and in total employment.7 This process appears closely related to the expansion of the "informal economy" that accounts for a significant and growing proportion of economic activity. The Latin American case can provide some light to the extent of this phenomenon. For the region as a whole 46.3% of total non-agricultural employment in 2001 is explained by the informal sector, having increased its share from 42.8% since 1990. In some countries the proportion is significantly higher, as Honduras (60.7%), Peru (59.5), Ecuador (57.4%), Colombia (55.6%) and Venezuela (49.2%). Out of 12 Latin American countries only in three cases employment in the informal sector as proportion of total non-agricultural employment is below 40%. These are the cases of Panama (37.3%), Chile (38.0%) and Mexico (39.6%).8 Informal employment is highly concentrated in services activities. In many developing countries government seems to account for a significant proportion of services contribution to GDP, higher than that observed in developed countries. This is for example the case of the Caribbean countries in which government accounts, on average for the region, for 12.2% of GDP, and in some countries above 15% of GDP. Also in the case of larger countries as Brazil government explains 15.2% of GDP, and in other countries the proportion is also significant (Bolivia 11.5%, Panama 11.1%, Haiti 17%) In OECD countries, with some exceptions, government represent below 7% of GDP, being 5.1% in the U.S., 3.9% in Australia, 5.4% in Japan, and in Italy 5.6%.9 In those cases of developing countries for which disaggregated information on GDP by services sector is available it tends to show that in most cases dynamic modern services, inter alia financial services, telecommunications, and business services, the so called producer services- account for a very small proportion of total GDP. While in developed countries producer services form about 20% of GDP, in low income developing countries this category constitutes around 5% of GDP, Small retail trade, restaurants, urban public transport, repair shops, and personal and community services are the activities experiencing significant growth rates an explaining the increasing participation of services in GDP and in total employment.. 8 Daniel Titelman and Andras Uthoff (2003) El Papel del Aseguramiento en la Proteccion Social; Revista de la CEPAL No 81, December 2003. 9 Data for 2000. From Ventura-Dias et.al (2003) "Globalizacion y servicios: cambios estructurales en el comercio internacional; ECLAC Serie Comercio Internacional N0 46, December. 6 and in middle and upper-income developing countries between 7.5 and 10 per cent. The expected tendency for an increasing share of services of total GDP as income growths is challenged by the recent experience of many African countries. Out of 51 countries for which information is available, in 28 cases (56% of the total) services share of GDP declined during the 19902001 period, and in three cases it practically remained the same. This has been also the case of other developing countries in other regions of the world.10 The ultimate effect of public policies largely depends on the underlying characteristics of the markets being targeted. Therefore, a better understanding of the structure and behaviour of services markets in developing countries, both in overall terms and concerning the different services sectors, is a necessary condition to address questions regarding the different policy options available for these countries to strengthen their domestic services capacities and assessing the possible impact of alternative policies on growth and sustainable development; as well as their impact on different stakeholders, in particular their effects on poverty alleviation. This undertaking should follow a two-track approach: (i) a stocktaking exercise reviewing the existing literature on services in developing countries aiming to highlight what we have learned to date, and also where knowledge gaps persist; and, (ii) a cross-country comparative dynamic analysis of the evolution of the services economy in a representative sample of developing countries. One of the main problems that would have to be addressed in this connection is the lack of precision and reliability and the high degree of aggregation of the services sector statistics in developing countries. The cross-country study should provide an audit of the available data and attempt to develop adequate indicators of the evolution of the different services sectors in those countries included in the exercise.11 ii. Are services fulfilling their role in the development process of developing countries? If not, why? Economic literature has highlighted the importance of services for economic growth and social development. Services are multifunctional activities: in addition to their economic role they serve a number of societal objectives. To what extent services in developing countries are performing such role? There seems to be a growing concern that services are failing to deliver on this function in developing countries. Services should play a crucial role in at least five major areas: 10 Services are crucial for the development and reproduction of human capital, which is widely acknowledged to yield great economic and social returns through its positive effects on economic growth and social development. Education, health services and some UNCTAD (2003) Handbook of Statistics. This line of work requires an in depth audit of the reliability of available data on services in developing countries focusing, among other sources, on National Accounts, employment data, inputoutput tables and balance of payments statistics. 11 7 environmental services (i.e. water distribution and sewage through their links with overall health conditions) are the core activities through which human capital is generated and its productivity and reproduction assured. 12 Services constitute the underlying basic networks of the economy allowing for the functioning of the overall economic system. Financial services, distribution services, telecommunications, and energy and transport services fulfil this role, albeit each one of them has particular functions to perform. It can be argued that these services glue the economy together; and their availability, efficiency and quality determine to a large extent the systemic competitiveness of an economy. In the case of transport services basic infrastructure, roads, ports and airports, are emerging as services in themselves due to the new type of public private partnerships (PPP) being implemented in all regions of the world. Services increasingly constitute important inputs for the production of goods and also other services, i.e producer services. This is the case of "business services", inter alia: computer and software services, research and development services, accounting, advertising, engineering services, environmental services, marketing and merchandising, and legal services. The services content in goods and other services is increasing and every day more the competitiveness of domestic production rests in the availability and the efficiency of business services. Also, these services have a key role to play in enabling a country to adopt and apply advanced technologies in the productive process, to innovate, and to adjust to competitive forces in the world market. Services contribute to the integration of national economies into the international trading system. Though for many developing countries, in particular the small-island countries for which traditional services as tourism have been historically highly relevant in this regard, the increasing tradability of modern services, in particular business services are turning this role every day in a more important one.12 Trade in services is becoming one of the most dynamic elements in the world economy, and an efficient integration into the evolving world services economy is becoming crucial for the development prospects of developing countries. Services, such as the cultural industries and a number of social, communal and governmental services, are fundamental in developing what has been defined in economic literature as "social capital" contributing to the internal social and cultural coherence of society without which economic growth or human well-being can not be In ninety developing countries tourism is among the five leading generators of foreign currency, and for sixty of these is the main source of foreign currency. 8 assured.13 Finally, many services, inter alia: entertainment, restaurants and hotels, environmental services and some personal services, significantly contribute to improving the overall quality of life in a society. The assessment of the extent to which services are adequately performing the expected role in economic growth and social development, along the lines discussed supra, requires first to make explicit, for the different services sectors, their specific role and expected contribution.14 Then, on that bases developmental benchmarks and operational performance indicators, covering efficiency, distributional and when possible and relevant environmental aspects, must be developed for each service sector. Due to the nature of services these indicators probably will have to combine a quantitative with a qualitative approach. If this is possible then we will have the bases for comparing on the basis of developmental benchmarks the performance of different services across-countries, and a database to assess the effect of alternative policies on the contribution of services to economic growth and sustainable development. iii. Which could be the best, or preferred, policies to enhance services contribution to development? Strategic policy options, both conceptually as well as those implemented in practice, attempting to enhance the contribution of services to economic growth and sustainable development in developing countries are located in a spectrum between full state provision of services at one extreme, and complete market reliance at the other. In between different options are available, such as the "infant industry model" or the "competition model". Options vary according to the different degree of reliance on markets or on the state – the classical dilemma in political economy; the kind of state intervention – market friendly or market supplanting measures; according to the private-public mix in the provision of services; and, also according to the balance that is sought between foreign and domestic supply of services. The past experience has showed the negative effects of flawed policies of different kinds. State failure has been widely documented in the literature. On the other hand, the experience of developing countries reveals the possible negative outcomes that can result when liberalization proceeds at a speed that is too rapid for local actors to successfully develop services industries; when an adequate regulatory framework was lacking; when governments failed to ensure a competitive business environment or when accompanying policies were absent. The importance of sequencing the reform is well established in theory by now, however, the specific content of this sequencing is less clear and having some benchmarks on how to proceed in each case would facilitate decision making in developing countries. As a starting point it should be recognized that there is no "one size fits all" policy framework, both across-services sectors and across-countries even for the same services. The question is to elucidate which policy framework for what sectors and 13 World Bank (1998) "The initiative on defining, monitoring and measuring social capital: Texts of proposals approved for funding"; World Bank, Social Capital Initiative, Working Paper, No 2. 14 A service activity can contribute to one or more of the five areas of expected contribution of services to development, as there are important interlinkages between services. For example, human capital is crucial for a domestic supply of efficient business services. 9 under what national and international conditions enhance services contribution to economic growth and sustainable development. The variety of policy options open to developing countries is more clear in the case of services such as health and education. In these cases arguments in favour of extensive government intervention ensuring access to essential services by the people has been widely accepted, and the need for state participation directly providing services is firmly established. Concerning these services most of the discussion centres on the possible additional contribution by the private sector, how that contribution could be enhanced, and on more efficient forms of state intervention and provision of services.15 To some extent in the case of these basic social services private participation is sometimes even promoted as necessary to offset state failure. In the particular case of health services, it has been highlighted that "the evidence is weak, no country has discovered any ideal model, and appropriate policies differ widely in different country settings".16 Central or local state participation in the provision of urban public transport is also well entrenched both as an idea as in practice. However, the need, nature and extent of state intervention that is required in the case of other services are still subject to a heated debate. This issue underlines, for example, to a large extent the debate concerning the efficacy of market-based or bank-based financial systems for economic growth and development.17 With respect to foreign ownership society clearly attaches value to domestic ownership and control in the case of some services. This is clearly the case of broadcasting and other media services where for a number of reasons, among them political and cultural reasons, most countries limit foreign ownership and control; this is also the case, among other services, of air transport, cultural industries, notary services and private security services. The question of foreign ownership and control in other services might be also relevant to the extent that the behaviour of foreign providers would differ from that of domestic providers in detriment of the domestic economy or national developmental objectives. It can also find justification on grounds of strategic considerations. The adequate mix of public-private provision of services is also an issue to be address in many cases. For example, in the financial sector even under policy frameworks with a high market-reliance many countries, developed and developing, maintain a degree of public participation in the provision of services, as is the case of development banks or Export-Import financial institutions. Regarding non-basic social service, a prevailing view today is that liberalization of trade in services –elimination of market access restrictions and discrimination against foreign providers18- and the highest possible market-reliance in the domestic economy -minimum or the least trade-distorting state intervention- is the policy framework that 15 U.N (2002) World Economic and Social Survey 2002, Chapter VII Health service delivery in Developing Countries: Working more effectively with private health providers, Chapter VIII PublicPrivate Partnerships in education. 16 Feachem, Richard (2000), "Editorials", Bulletin of the World Health Organization, Vol 78, No 6, June. 17 Aybar S and Lapavistas C (2003) "Financial System Design and the Post-Washington Consensus", in Fine B, Lapavistas C and Pincus J (eds) Development policy in the Twenty-First Century: Beyond the post-Washington Consensus; Routledge Studies in Development Economics, Rouledge, London and New York. 18 In the sense or Articles XVI and XVII of the GATS. 10 would allow services to best fulfil their role in the process of economic growth and sustainable development, optimising welfare at the global and national levels. In its more extreme expression proponents of this policy framework find state intervention in the markets only to be justified to correct special and isolated cases of market failure, which can be rectify to restore the competitive optimum. This approach can be called the market-based competition model. This view is also the one underlining the GATS rationale as its ultimate objective, as stated in the preamble and in Article XIX is "achieving a progressive higher level of liberalization". Albeit the GATS recognizes the particular need of developing countries to exercise the right to regulate consecrated in the agreement, and that the process of liberalization shall take place with due respect for national policy objectives and the level of development of individual members, and that there shall be appropriate flexibility for developing countries. The market-based competition model propositions are based in the same theoretical assumptions that are applied to trade in goods justifying trade policy reform in developing countries. Besides the issue if the theoretical assumptions for justifying reform in the case of goods can be directly and completely transferred to the case of services due to some intrinsic differences both in the nature of services and trade in services in comparison with goods, the prevailing view can be taken as an appropriate and plausible working hypothesis. As any working hypothesis it needs to be tested. Also, the issue if the same assumptions hold true for the different modes of delivering services has to be addressed. What needs to be empirically demonstrated is that the closest the policy framework approaches the ideal type that can be called market-based competition –in terms of trade openness and market-reliance- better performance indicators of services would be achieved, and also the relationship between policy framework and the observed results. This requires the development of operational indicators –of openness and market reliance- to characterize the prevailing policy frameworks in different cases. An appropriate approach for this complex task is the elaboration of sectoral case studies. In countries that have implemented reforms an ex-ante and ex-post evaluation of the performance of services is required. We should expect a significant improved performance after the reform. To test the hypothesis the assessment of the performance of services in a control group, countries with a policy framework that significantly differs from the ideal type, is also needed. It would be expected that the overall performance in those countries in which a policy shift has taken place would be significantly better than that observed in the control group. Also, the incorporation in the sample of some case studies of sectors in which a policy regime approaching the ideal type has always been in effect could provide important insights of the overall performance of services under those conditions, and also on the effects of policies on the overall performance of services in terms of their contribution to economic growth and sustainable development. To undertake the assessment and adequate selection of the case studies by sector allowing for this type of comparisons is necessary. The assessment of different policy options, to be comprehensive, will also have to deal with explaining unexpected results from reform in the services sectors. That is those cases in which the theoretically adequate policy framework has not produced significant improvement in the performance of services as expected. The issue of unexpected results from trade reform has been dealt with in economic literature, both 11 in the case of goods and to a lesser extent on services. Different issues has been raised to this respect, inter alia: (i) Flawed reform programs; (ii) Existence of market failure; (iii) Lack of regulation or existence of flawed regulations and inadequate institutional capacities; (iv) Absence of required accompanying policies; and, (v) The effect of overall economic and social conditions on the impact of policies. Also, conditions prevailing in the international markets of services could have direct impact and even nullify the benefits of liberalization at the national level. One example is to consider effect of industry concentration at the world level. This analysis will provide important inputs to defining the most adequate type of reform and other policies that should be put in place to guarantee the beneficial effects. However, the fact that the underlying theoretical model might not be the most appropriate to explain the behaviour of services markets in all cases and to guide policy decisions cannot be discarded a priori. iv. What is the value added that could be generated by binding enforceable international commitments, national policy frameworks? Even if the case can be made in favour of market-based competition as the optimum policy for to foster services contribution to economic growth and sustainable development in developing countries; it is in the first instance an argument for unilateral trade reform. The case has to be made for binding domestic policies through international commitments. Reciprocity by other countries allowing for effective export opportunities for those countries implementing reform could strengthen the welfare case of this type of commitment. Also, the issue of international commitments locking-in domestic reforms and providing predictability to the policy framework has been highlighted in the literature. But the question is still open: do international commitments really matter? Concluding remarks A better understanding of the underlying characteristics and structures of the services markets in developing countries, in particular on a sector-specific basis, is a necessary precondition to address question regarding different policy options available for policy makers in these countries. This would help select policies for strengthening domestic services capacities and build comparative advantages. Governments in developing countries need to assess the possible impact of alternative policies on growth and sustainable development, as well as their impact on different stakeholder and in particular their effect on poverty alleviation.