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Robin Hoods or thieves? A Foucauldian analysis of international trade policies regarding software piracy
Unformatted Document Text:  Foucauldian analysis of international trade policies 6 Hawley Tariff Act, an international agreement, the General Agreement on Tariffs and Trade (GATT), was established October 20, 1947, “pending establishment of the projected International Trade Organization (ITO)” (Destler, 1995, p. 313). GATT, and the ITO, according to Dinkley (2000) have provided for: “Tariff reductions, restrictions on ‘invisible tariffs’ (now known as nontariff barriers, or NTBs), limitations on domestic taxes and regulations which affected trade; restriction on international monopolistic private business practices; the commercialization of public enterprises; general liberalization of private investment flows; the establishment of, but restraints on, international commodity agreements; the facilitation of government policies for economic stability and full employment; fair labor standards at work; and general assistance for developing countries. The ITO was to have a bureaucracy, a disputes settlement mechanism enforceable through the UN-affiliated International Court of Justice and was to be located within the Economic and Social Council of the UN.” (p. 26-27) The central GATT/ITO principles (as stated in the discourse) include liberalization of the market, i.e., gradually reducing and eliminating most forms of protection; reciprocity (the negotiation process used in the system, i.e., each country makes successive tariff reduction offers until a schedule of mutually agreed reductions is reached); non- discrimination (implying equality between GATT members in three ways: first GATT rules apply equally to imports and exports; second, trade concessions granted to any country must be extended equally to all other GATT members [“Most Favored Nation” principle]; and third, no tariff, tax or other measure should discriminate between domestic and foreign suppliers [the National Treatment Principle]); and finally, transparency (GATT’s rules should be clearly and fairly stated between members, should be consistent, and tariffs should be “visible” (See Dunkley, 2000, p. 28-29).

Authors: Malyshev, Yuri. and Hamilton, Ann.
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Foucauldian analysis of international trade policies 6
Hawley Tariff Act, an international agreement, the General Agreement on Tariffs and
Trade (GATT), was established October 20, 1947, “pending establishment of the projected
International Trade Organization (ITO)” (Destler, 1995, p. 313). GATT, and the ITO,
according to Dinkley (2000) have provided for:
“Tariff reductions, restrictions on ‘invisible tariffs’ (now known as
nontariff barriers, or NTBs), limitations on domestic taxes and regulations
which affected trade; restriction on international monopolistic private
business practices; the commercialization of public enterprises; general
liberalization of private investment flows; the establishment of, but
restraints on, international commodity agreements; the facilitation of
government policies for economic stability and full employment; fair labor
standards at work; and general assistance for developing countries. The
ITO was to have a bureaucracy, a disputes settlement mechanism
enforceable through the UN-affiliated International Court of Justice and
was to be located within the Economic and Social Council of the UN.” (p.
26-27)

The central GATT/ITO principles (as stated in the discourse) include liberalization
of the market, i.e., gradually reducing and eliminating most forms of protection;
reciprocity (the negotiation process used in the system, i.e., each country makes successive
tariff reduction offers until a schedule of mutually agreed reductions is reached); non-
discrimination (implying equality between GATT members in three ways: first GATT
rules apply equally to imports and exports; second, trade concessions granted to any
country must be extended equally to all other GATT members [“Most Favored Nation”
principle]; and third, no tariff, tax or other measure should discriminate between domestic
and foreign suppliers [the National Treatment Principle]); and finally, transparency
(GATT’s rules should be clearly and fairly stated between members, should be consistent,
and tariffs should be “visible” (See Dunkley, 2000, p. 28-29).


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