Dear WTO and Group Members

The first and foremost requirement of a successful trade network throughout the world is a “harmonised law” that takes care of both the “public interest” and “commercial interest”.  The initiatives of WTO will fail to materialise if we are not able to reconcile these conflicting interests. That is the logic why we have public interest provisions like acquisitions of IPRs, Compulsory Licences, etc. Once this problem of reconciliation is met we may be facing another problem that is sharply dividing the trade practices of developed nations and developing nations. That is the existence of “digital divide” in developing and under developed countries. That digital divide has to be bridged so that e-commerce and International Trade and Services may flourish for the common betterment of ordinary citizens. Besides, these Trade and Service negotiations must also keep in mind the interest of poor and needy people as well. Any initiative that is not catering the needs of common man is bound to fail.

In India we have formed various helpdesks and civil societies that are raising these concerns before the local Government. But we do not have a voice at the International level. That is why one of our helpdesk, i.e. ICT HELPDESK has decided to raise the issue of integration of National and International concerns in this regard. India is on the verge of a technological revolution due to the advent of e-governance and e-commerce. However, along with benefits there are shortcomings as well. The biggest shortcoming is the digital divide that is further made complicated due to ineffective polices. We have constituted an ICT HELPDESK that is taking care of ICT matters and policies in India. It is in constant touch with both National as well as International Institutions/Entities. We are planning its expansion so that Local as well as International potential can be effectively utilised for the betterment of India. Kindly see http://legalsolutionsindia.blogspot.com/2006/07/ict-helpdesk-is-seeking-expansion.html for details.

We request your co-operation and assistance in this regard.

Hoping for a favourable and positive response.

Warm regards

Praveen Dalal

Managing Member

ICT HELPDESK

New Delhi-34

http://www.blogger.com/profile/8339811

Dear Smushty

Thanks for your kind message.

I am trying to coordinate and colloborate the Information and Communication Technology initiatives at both the National (Indian) and International Level. The same must be based on the Bentham's concept of "greatest happiness for greatest numbers".

In short my ultimate objective is to use the medium of ICT for developmental purposes and since our manpower and resources are limited, we are seeking support of public interest seeking people like you.

This initiative is a part and parcel of our "social responsibilities" and we are already managing two Helpdesks. The first one is for Right to Information and the other one is for ICT matters. Since the former is national and territorial in nature, we are seeking its expansion locally.

These are my ultimate objectives.

Warm regards

Praveen Dalal

Both the Helpdesks are free of cost services that are presently catering the needs of those who need their help in respective fields. I suggest all members must first check http://legalsolutionsindia.blogspot.com/ for the details of both the helpdesks.

The idea is not to commercialise these Helpdesks but to gather support worldwide. In India we are getting good response from all the segments. The postings at the abovementioned site will give a good idea about our functioning, scope, area of working, etc.

We can be approached through e-mails, telephone, etc.

As far as the value addition is concerned, every public effort is worth joining. There is nothing to suspect about the motive of this expanision. In fact, it is a voluntary association that is not asking for any fee or money, but mere efforts.  

Of course, it is free of cost but is definitely a value addition for me because of my efforts to serve my country. I again repeat that these helpdeks are part of our "Social responsibility" that itself is clear enough to rule out any possibility of profit motive.

Thanks for your valuable suggestion. My services are meant for people at large and I do not discriminate between them. I am committed towards these objectives and I will definitely contribute my opinion(s) through this esteemed forum. I also expect the expert views of the learned member of this group.

Any person needing help in this regard is free to contact us as these Helpdesks are their own.

Dear Mr. Sreeram

Thanks for your encouraging words and support. Till now we were helping people of India primarily and our International efforts were limited. We were mobilizing local support. Now we have decided to expand our activities. Now I am participating at various International platforms like WIPO, UNESCO, WTO, ICANN, etc.

I have gone through your impressive qualifications and the majority of discussions of this learned group. What I got from these discussions is that though everybody appreciates the efforts of WTO yet there are voices of dissatisfaction when it comes to
”social issues” like poverty reduction, digital divide, trade barriers, Doha Declaration, etc.

I made a list of all those issues and tried to analyse them. We may need some more time till we actively participate in these discussions.   

However, I will once again go through all the posting and will post my comments wherever necessary. I once again request WTO and learned members in general and you in particular to extend their expertise to the causes of ICT HELPDESK.

Warm regards

Praveen Dalal

Thanks for you kind reply. I will definitely do that. I may be needing some time for that comparative analysis. Meanwhile I will keep on posting on individual matters and discussions.

The crux of the discussion that I got from that list was that a substantial majority of the learned members of the forum was conscious about the true role of WTO in the integration of various societies. The majority was of the opinion that WTO must act as an instrumentality in reducing poverty, conserving environment, reducing various barriers including trade barriers, etc.

As far India and other developing countries are concerned, they have appreciated the importance of Trade and Services at the International level. The big dividing factor is regarding the policy matters and the representation of the Developing Countries and Under Developed Countries in the WTO Negotiations. Till now it was the Government of the Member Countries alone that was conscious about these negotiation but now even "individuals", as subject of Public International Law, have shown their willingness and participative attitude towards these negotiations. They have formed small and medium enterprises (SMEs) that are colloborating with a bigger platform locally. This partnership is providing them a platform and voice at the WTO level.

The significance of SMEs cannot be undermined. They play an important role in the development process of the nation. However, the need of the hour is to organise themselves and collaborate with a good platform. In least developed countries and developing countries these SMEs plays a significant but unnoticed role till they adopt co-operations and collaborations. For instance, in Uganda these SMEs have developed a system of collaboration with a local partner whose voice can further be strengthened by these numerous SMEs. So much so that by adopting such collaborations, these SMEs can effectively raise their voices before the WTO for trade and service related matters. In India, we have a system at place which provides various incentives and tax benefits to Small Scale Industries (SSIs) and Cottage Industries. Thus, SMEs can collaborate with other SMEs to make their existence apparent and interests heard.

In short, WTO must be prepared to deal with a new actor in the field of International Trade and Service, i.e. Individual.

Warm regards

Praveen Dalal

Dear Syd Martin

Thanks for your valuable inputs.

The problem with International negotiations is that they lack a “human face”. In the ultimate analysis all the benefits are meant for “Individuals only”. We can afford to scrap off the “Statehood” as the nation will survive despite the demise of the Statehood. That is a nomenclature only and is not the real reflection of the individuality. However, no Nation can survive if individuals are separated from it. Despite this position we fail to provide a truly democratic and individual friendly Government at the local level. If we do not have consensus at the national level itself there is no chance that we can have a consensus at the International level. What I have realised is that while dealing at the local level we must pay attention to the “National interest”, whereas while negotiating at the International level we must think “Globally”. Unfortunately, that never happens in a self-interest oriented International Community.

The big question is then who has to be blamed for this position? The answer is very simple. It is us who are responsible for this unaccountable position of both the National and International community. We have to rise up to the occasion and show our true worth. With this aim in mind, I am trying to “co-ordinate” both National and International efforts. Our basic aim is to co-ordinate various activities so that a “collective voice” can be heard at all the levels. I am hopeful that with the help and assistance of the learned members of this group, we will be in a position to strengthen and co-ordinate the “International Trade and Services Segment” of the ICT HELPDESK that consists of various other segments as well.

Warm regards

Praveen Dalal

Reducing poverty, conserving environment, etc are not incidental benefits but are the pre-requisites for the successful working of WTO, UN, etc. International Trade is not panacea for the social problems attached with respective countries. Trade is one of the components for the development but the overall development can result only if we pay attention to real and existing ground realities rather than entering into various Treaties and Conventions. I fail to understand what trade means to striving population and what benefit it will give to them. If WTO has to succeed it must appreciate that sustainable social and economic development for all people is the only key. Any other approach is not only superficial but also shows an ignorance of the ground reality.

Before trade can be of some importance to the masses we must amalgamate it with social policies of a nation. The trade initiatives ignoring the social reality are useless. No purpose will be served even if we liberalise trade, permit lifting of trade barriers, etc. If trade is permitted to the detriment of environment there is no use of its facilitation. If trade is not benefiting the masses and is in fact increasing the already existing “inequality of income” then again it is of no use. Thus, trade must be viewed in a more pragmatic and holistic manner and not on the line of “commercial expediencies alone”.  

If direct participation of individuals is not viable I see no reason why this discussion forum is in existence. We must first close this forum and then send our respective views to the local Government. This approach of ours is adoption of double standards. On the one hand we wish to share our views and on the other hand we are restricting the scope of the same participation. The Governments of various nations have acquired an expertise of “gross indifference” towards public participation. The suggestions and views of the public are not even acknowledged much less adopted. Thus, by your proposal such individuals have no choice but to keep on bearing the unsuitable policies endorsed at the International level by their representative State. This is the chief reason why International efforts in this direction fail. Some of the International Organisations that give due respect to Individuals are WIPO, UNESCO, WTO, ITC, etc. However, they still have to cover the fire path of social and economic development of Underdeveloped and Developing Countries.  

If the “Trade Forum” is analysed in detail you will find that it is also advocating “individual participation” at the International level. It is no where endorsing that individuals must participate through their indifferent Governments alone. That is why it is one of the best sources of information on International Trade. But that is not the “sole source” of that information and even it cannot match the efforts of individual experts in that field.

The purpose of WTO is to facilitate a hassle free trade and not to integrate societies. WTO can never achieve that purpose due to its constitution and policies. In fact that is not the job of WTO at all. What WTO is already doing is a good job and expecting it to be the rescuer of World would be a wrong notion. If WTO is to perform that task it has to learn one important lesson and distinction. It has to change its attitude from “SOCIAL RESPONSIBILITY TO HUMAN RESPONSIBILITY”.  

Praveen Dalal

ICT HELPDESK’S VIEW REGARDING MFN AND NT UNDER WTO

The meaning: MFN status means that one's nation will not be treated worse than anyone else's nation The members of the WTO which include all developed nations, accord MFN status to each other. Exceptions exist for preferential treatment of developing countries, regional free trade areas and custom unions. In the early days of international trade, most favoured nation status was usually used on a dual-party, state-to-state basis. The World Trade Organization requires members to grant one another most favoured nation status. GATT members recognized in principle that the most favored nation rule should be relaxed to accommodate the needs of developing countries. Another challenge to the most favoured nation principle has been posed by regional trading groups such as the European Union, which have lowered or eliminated tariffs among the members while maintaining tariff walls between member nations and the rest of the world.[1]

Under national treatment, if a State grants a particular right, benefit or privilege to its own citizens, it must also grant those advantages to the citizens of other states while in that country. In the context of international agreements, a state must provide equal treatment to those citizens of other states which are participating in the agreement.[2]

WTO’s provisions: Trade without discrimination

1. Most-favoured-nation (MFN): treating other people equally- Under the WTO agreements, countries cannot “normally” discriminate between their trading partners. Grant someone a special favour (such as a lower customs duty rate for one of their products) and you have to do the same for all other WTO members. This principle is known as most-favoured-nation (MFN) treatment. It is so important that it is the first article of the General Agreement on Tariffs and Trade (GATT), which governs trade in goods. MFN is also a priority in the General Agreement on Trade in Services (GATS) (Article 2) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (Article 4), although in each agreement the principle is handled slightly differently. Together, those three agreements cover all three main areas of trade handled by the WTO.

Some exceptions are allowed. For example, countries can set up a free trade agreement that applies only to goods traded within the group —   discriminating against goods from outside. Or they can give developing countries special access to their markets. Or a country can raise barriers against products that are considered to be traded unfairly from specific countries. And in services, countries are allowed, in limited circumstances, to discriminate. But the agreements only permit these exceptions “under strict conditions”. In general, MFN means that every time a country lowers a trade barrier or opens up a market, it has to do so for the same goods or services from all its trading partners — whether rich or poor, weak or strong.

Dear WTO  Members

We are publishing a regular analysis of International Trade and Services as ICT HELPDESK’S initiatives. Kindly see http://legalsolutionsindia.blogspot.com/2006/07/ict-helpdesks-view-regarding-mfn-and.html for the second comment in this regard. The first one is available at http://legalsolutionsindia.blogspot.com/2006/07/ict-helpdesks-view-on-international.html 

Warm regards

Praveen Dalal