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134 QUANTIFICATION OF BENEFITS FROM ECONOMIC COOPERATION IN SOUTH ASIA<br />

Many of the restrictions mentioned above are also<br />

relevant to South Asia. However, what is interesting in<br />

the context of South Asia is that in view of the historical,<br />

cultural and colonial connections, the differences across<br />

the region are far less stark than that in the entire WTO<br />

membership. Hence, South Asian countries can open<br />

their education sector among themselves and they can<br />

make vast gains by so doing. Education creates social<br />

infrastructure on which all other developments depend.<br />

The rise of India as a major international player in IT<br />

has been to a large extent attributed to some world<br />

class educational institutions which India could develop<br />

relatively early before and after its independence. In<br />

fact, the positive externalities of higher education<br />

cannot be gauged by simple economic tools. In the case<br />

of India it could be stated that the government set up<br />

hundreds of engineering colleges in order to prepare a<br />

workforce to handle the manufacturing sector.<br />

However, lack of a large-scale manufacturing sector<br />

forced this workforce to look for alternatives and<br />

incidentally, IT provided them with that opportunity<br />

and with the support of huge number of qualified<br />

unemployed engineers the Indian IT industry could<br />

become one the most successful stories in the world.<br />

Across the region the higher education sector<br />

manifests interesting similarities. All South Asian<br />

countries lack adequate resources to provide their<br />

population with quality higher education. In view of<br />

their other more pressing priorities like poverty<br />

reduction programmes, health care and basic education,<br />

in the short or medium term they may not be able to<br />

allocate adequate resources in order to offer quality<br />

higher education to all those who are willing to join<br />

higher education as usually happens in advanced<br />

countries. In light of this, pooling of regional resources<br />

will be a great help.<br />

This chapter analyses the commitments made and<br />

initial or revised offers submitted by the South Asian<br />

countries under the GATS regime which is one indicator<br />

of the level of liberalisation they have achieved in the<br />

education sector. Besides, the chapter also discusses<br />

other restrictions and efforts to liberalise the sector.<br />

The main aim of the chapter is to explore further<br />

possibility of liberalisation to see that if there could be<br />

some level of equivalence in the education systems of<br />

these countries. As there is an increasing trend in the<br />

trade in education services at the regional level, this<br />

needs to be strengthened to reap the benefits of<br />

collective liberalisation.<br />

India<br />

CHARACTERISING SAFTA COUNTRIES’<br />

COMMITMENTS/INITIAL/REVISED OFFER<br />

India had not undertaken any commitments in education<br />

services during the Uruguay Round. Nor did it<br />

offer any commitments during its initial offer. However,<br />

its revised offer includes higher education (CPC 923)<br />

for which commitments have been made (for details<br />

see table A in chapter 6). In the Market Access column<br />

under Mode 1 the entry of cross-border education<br />

services is subject to the condition that service providers<br />

would follow the same regulations as applicable to<br />

domestic providers in the country of origin. This<br />

condition is expected to ensure the quality of service<br />

and would also be regulated according to the laws of<br />

the country of origin. Mode 2 is without any restrictions.<br />

This signals that Indian students going abroad<br />

for education purpose will have no barriers. Commercial<br />

presence however is subject to the condition that<br />

fees to be charged can be fixed by an appropriate<br />

authority and that such fee do not lead to charging<br />

capitation fees or to profiteering. Further, in the case<br />

of foreign investors having prior collaboration in this<br />

sector in India, FIPB approval would be required.<br />

Though this restriction has already been discussed in<br />

the context of construction services, it is hard to understand<br />

the rationale behind this measure. In the case of<br />

education this can be understood as that if the same<br />

person is opening another engineering college when he<br />

already had one in collaboration with someone, for<br />

the second college his application will route through<br />

FIPB. If the idea is to check the anticompetitive behaviour,<br />

India has a full-fledged competition commission<br />

of India (CCI) and that can take care of this aspect.<br />

Mode 4 is unbound and refers to the horizontal section.<br />

In the National Treatment column Modes 1, 2, and<br />

3 are without any restrictions and Mode 4 is unbound<br />

except as in the horizontal section. Thus national<br />

treatment has been accorded to foreign services supplied<br />

through Modes 1, 2, and 3.<br />

Although India’s horizontal commitments under<br />

Mode 4 are relatively liberal, the categories of persons<br />

mentioned in those commitments do not include<br />

education services. Particularly in the South Asian<br />

context this assumes greater significance as the trading<br />

partners especially Pakistan, Sri Lanka and Bangladesh<br />

would be looking at India as a very important next<br />

door market for Mode 4. Since these countries may

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