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    | A CHALLENGE FOR THE FUTURE OF THE WTO: How to articulate the global, regional and interregional trade agreements?
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    | by Félix PeñaJanuary 2012
 
 English translation: Isabel Romero Carranza
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    |    | There are at least three possible scenarios regarding 
        the future of the WTO. The first one would involve the prevalence of a 
        certain "institutional inertia". The second possibility is that 
        of a "re-foundation" scenario. Finally the third one would involve 
        a "metamorphosis" of the WTO. 
       This metamorphosis would imply continuing and furthering 
        those accumulated assets considered as valuable and effective. It would 
        not necessarily involve casting aside the Doha Round. However, it would 
        require concentrating the efforts, ingenuity and political will on the 
        renewal of the agendas and working methods. It would require a great deal 
        of flexibility to help preserve predictability, needed to encourage productive 
        investments and the development of a denser network of transnational productive 
        chains. 
       The main challenge will be to link together, within 
        the multilateral institutional framework, the multiple efforts that are 
        being made at a global, regional and interregional level. This would mean 
        to turn into compatible what is usually perceived as contradictory. It 
        would imply accepting the complexities of the world trade agenda and of 
        the means needed to deal with relevant issues as something positive and 
        natural. 
       That being so, the key issue will be to define operational 
        mechanisms that enable to preserve a reasonable degree of collective disciplines, 
        transparency and connectedness between the different forms of trade agreements 
        in which the WTO members participate. Among other reforms, it would require 
        assigning priority to an in-depth revision of Article XXIV of the GATT 
        1994.
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    | In principle, there is a relative consensus regarding the following three 
        issues involving the current and future situation of the World Trade Organization 
        (WTO). The first issue is related to its role as a relevant multilateral institution 
        for the world trading system. On this regard it should be noted that there 
        are no qualms regarding the WTO as a necessary institution in the architecture 
        of global economic governance. What is more, the assets acquired in its 
        course since the creation of the GATT are fully acknowledged. These are 
        considered as valuable international public resources that need to be 
        preserved. Among others, the following contributions that can be attributed 
        to the multilateral world trading system are highly valued: a safeguard 
        against protectionist tendencies -overt or, more frequently, covert- that 
        tend to heighten in times of international economic crisis such as these, 
        with their subsequent impact on world trade; the guarantee of reasonable 
        transparency in trade policies applied by member countries; and an institutional 
        framework to reestablish the reciprocity of national interests affected 
        by behaviors that are considered contrary to the agreed rules.  The abovementioned are contributions that help maintain a reasonable 
        degree of collective disciplines in the world trading system. This is 
        probable the most valued role of the WTO in a world which is starting 
        to show tendencies that in previous historic contexts have led to chaotic 
        situations. (On this regard refer to the article by Sergei Karaganov listed 
        in the recommended reading section of this newsletter). The second issue over which there is a certain agreement is the acknowledgement 
        that the WTO has to continue to act as a multilateral forum where to negotiate 
        the opening of the markets to world trade, devising ground rules to facilitate 
        the internationalization of the production of goods and services within 
        multiple forms of transnational networks, and generating mechanisms that 
        are functional to the establishment of close links between trade, economic 
        development and environmental sustainability. All this within a context 
        of strong asymmetries in relative economic power, capabilities to compete 
        at a global scale and degree of development of the member countries, which 
        makes it hard to reach the articulation of national interests needed to 
        adopt those decisions that are considered essential. The third issue refers to the need to adapt the WTO to the new realities 
        of the international system and global economic competition. There is 
        a strong contrast between the current economic reality and world power 
        distribution, and the conditions that prevailed when the GATT was created 
        -the period where the core principles and regulations that still rule 
        the world trading system were originated- and even with those present 
        in 1994, when the WTO was created. On this regard, the concept of a world 
        trading system driven by a restricted group of developed nations with 
        similar visions has become outdated. The main problem lies in the difficulty 
        to find agreement on the most sensitive issues of the global negotiating 
        agenda between the ever-growing number of member countries -currently 
        157- with visions, realities and interests that seem so different at times, 
        in order to adopt decisions that are effective, efficient and legitimate. 
        (See the October 
        2011 and the August 
        2009 editions of this newsletter on http://www.felixpena.com.ar, 
        respectively).  The Doha Round experience illustrates this point. It has not been possible 
        to reach agreements to conclude it, nor to change the methodology of the 
        multilateral negotiation, for example, by reviewing the principle of "single 
        undertaking" and adopting other criteria such as that of "critical 
        mass" that would open the door to the use of instruments such as 
        plurilateral agreements, particularly for the most sensitive issues and 
        sectors of the negotiating agenda.. The recent Eighth WTO Conference exemplified 
        the "no way out" scenario in which the member countries find 
        themselves now. (See the December 
        2011 edition of this newsletter on http://www.felixpena.com.ar/, 
        and the Bridges Weekly Trade News Digest, Volume 16, Number 1, 11th January 
        2012, on http://ictsd.org/i/news/bridgesweekly/123034). The temptation for many member countries interested in moving forward 
        the trade commitments already agreed within the WTO -in the access to 
        markets as well as with other conditions-, is to dodge the rigidity that 
        characterizes the multilateral ambit and try to reach their desired objectives 
        through novel modalities of preferential trade agreement that take advantage 
        of the ambiguities of Article XXIV of the GATT 1994. This is the reason 
        why the number of negotiation processes and agreements has increased significantly. 
       The problem is that everybody is aware that this path could end up eroding 
        the efficacy and even the legitimacy of the multilateral world trading 
        system, something that the member countries consider not to be compatible 
        with the requirements for global economic and even political governance. 
        The risk of the fragmentation of the system within an international context 
        that tends to be "toxic" is thus not to be underestimated.  As to the future of the WTO, there are at least three possible scenarios. 
        A first scenario is one in which some sort of "institutional inertia" 
        prevails. This would mean to continue working with the same methods and 
        the same agenda of the last years. It would also imply placing the current 
        Doha Round as the central axis of the strategy. This is not impossible. 
        However, it is not advisable. The results could continue to be the same 
        as those achieved so far. It could end up dragging the whole system towards 
        irrelevance and illegitimacy.  A second scenario is that of a "new founding". It would involve 
        a deep institutional reform but still capitalizing on the valuable assets 
        acquired up to this point. It would be the equivalent of what is usually 
        proposed for the global economic and financial architecture. This may 
        be reflected by the expression "a new Bretton Woods". The drawback 
        is that it would ignore the reality in the distribution of power that 
        enabled to achieve the agreements that originated the current institutional 
        scheme of international economic and financial cooperation. This was the 
        outcome of a war, from which the United States emerged as the undisputed 
        rule-maker of the time. This is not the picture of the current distribution 
        of world power evinced, among other examples, by the growing difficulty 
        of the G20 to translate into concrete facts its aspiration to lead the 
        definition of a new international economic order. A third scenario would be the "metamorphosis" of the WTO. This 
        is what would be more advisable. It would also be the most convenient 
        option for institutional frameworks that are facing difficulties and that 
        play a key role in the governance of regional geographic spaces, such 
        as the European Union and even Mercosur, conceived as the hard core in 
        the governance of the South American space. (See the June 
        2011 edition of this newsletter, and the November 
        2011 issue on http://www.felixpena.com.ar/). 
       The idea of a metamorphosis would involve gradual advances in order to 
        build something new based on the existing assets and through incremental 
        steps. It would involve merging what apparently seems incompatible. It 
        would require making the transition from one stage of the system to the 
        next in a persistent but almost imperceptible manner. In time, the result 
        would be something new but based on what preceded it. It would not imply 
        a rupture with the past nor the temptation to start from scratch. However, 
        it would involve a deep transformation. The new would be a continuation 
        of the old but would not be the same. (On the metamorphosis as a method 
        for social change, where it is difficult to establish the limits between 
        the old and the new, refer to the article by Edgar Morin, "Elogio 
        de la metamorfosis", in "El País", Madrid, 17 January 
        2010, on http://www.elpais.com/. 
        For a recent example of metamorphosis of a complex national system, see 
        the book by Ezra Vogel on Deng Xiaoping and China's transformation listed 
        as recommended reading at the end of this newsletter).  In the case of the WTO, the transformation would entail continuing and 
        furthering the accumulated assets that are considered effective and valuable 
        -some of which were mentioned above -. It would not necessarily mean casting 
        the Doha Round aside. However, it would imply concentrating all efforts, 
        technical inventiveness and political will on the renovation of the agendas 
        and negotiating methods. Additionally, it would require greater flexibility 
        to face special situations in the case of developing countries; this without 
        harming the necessary predictability to facilitate productive investments 
        and a growing web of transnational productive networks.  Perhaps the main challenge would be to harmonize, within the multilateral 
        framework, the multiple efforts that are being made today at a global, 
        regional and interregional level. This would mean to try to make compatible 
        what is usually perceived as being contradictory. Due to its evident geopolitical 
        implications, an example in the right direction might be to place the 
        recent Trans-Pacific Partnership (TPP) initiative within the perspective 
        of the multilateral global system.  The transformation of the WTO would thus imply accepting the complexities 
        of the world trade agenda and of the means needed to deal with relevant 
        issues as something positive and natural. There wouldn't be a dominant 
        topic (for example trade liberalization), nor a single way to deal with 
        it. The global, regional and interregional would be components of a single 
        multilateral system. As was pointed out by Jean-Pierre Lehmann in the 
        article listed bellow as recommended reading, it would imply reconciling 
        fragmentation with integration in a common vision and framework. Being that the case, the key issue would be to define operational mechanisms 
        that enable to preserve a reasonable degree of collective disciplines, 
        transparency and connectedness between the different modalities of trade 
        agreements signed by WTO member countries. Among other reforms, it would 
        require assigning top priority to an in-depth revision of Article XXIV 
        of GATT 1994.
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    | Félix Peña Director 
        of the Institute of International Trade at the ICBC Foundation. Director 
        of the Masters Degree in International Trade Relations at Tres de Febrero 
        National University (UNTREF). Member of the Executive Committee of the 
        Argentine Council for International Relations (CARI). Member of the Evian 
        Group Brains Trust. More 
        information. |  
 
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