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    | FRAGMENTATION IN TRADE NEGOTIATIONS: Mega interregional agreements and their potential impact on global governance
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    | by Félix PeñaMarch 2014
 
 English translation: Isabel Romero Carranza
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    |    | The negotiations of mega interregional agreements 
        now have a central place on the agenda of international trade relations. 
        These are negotiations that are inserted in a framework of strong uncertainties 
        regarding their future evolution. They can have the potential to fragment 
        the international trading system and affect its governance.
       The fact that the WTO Conference in Bali did not restore 
        the expectations of a global multilateral negotiation that can be concluded 
        within a reasonable time frame would seem to be an incentive to move forward 
        through mega interregional agreements. However, it is possible to argue 
        that the time that these partial scope negotiations would demand would 
        weaken the political and technical effort that would be needed to untie 
        some of the major knots that hinder global multilateral trade negotiations.
       The problem would not arise from the interregional 
        mega agreements themselves but from the fact that they could be realized 
        without having restored the strength and efficacy of the global multilateral 
        system. The main reason for this is that all the mega agreements that 
        are being negotiated-and many others that have been concluded or with 
        ongoing negotiations, such as those between the EU and India and also 
        with Mercosur- are of a preferential nature. This means that they include 
        commitments that generate benefits only for the participating countries 
        and are therefore discriminatory towards non-participating countries. 
        Consequently, they have a significant potential to fragment the international 
        trading system. It is here precisely where we could find the potential 
        for negative effects of a network of mega preferential trade agreements 
        inserted in a weakened global multilateral trade system. It would mean 
        introducing a debilitating factor in the conditions for global governance. 
        
       In this perspective the idea of promoting the convergence 
        of the global multilateral and preferential agreements, whether regional 
        or interregional, within common frameworks becomes ever so important. 
        It is an idea that maybe central so that the many agreements being negotiated 
        help to achieve the necessary goal of reaching reasonable guidelines for 
        global and regional governance. It implies reconciling the approaches 
        of partial scope with a joint vision that is essential for promoting global 
        trade in a context favorable for peace and political stability and, at 
        the same time, for the economic and social development of all countries. 
        
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    |  The negotiations of mega interregional agreements now have a central 
        place on the agenda of international trade relations. They seem to have 
        come into fashion and it is likely that this will continue to be so for 
        a while. Despite the results of the WTO Ministerial Conference in Bali, 
        the attention of those seeking to understand the future of international 
        trade will continue to focus on what will eventually be, in a still uncertain 
        time frame, the agreements that result from two major partial scope negotiations, 
        due to the number of countries involved: the Trans-Pacific Partnership 
        (TPP) and the Trans-Atlantic Trade and Investment Partnership (TTIP). These negotiations are inserted within a context of strong uncertainties 
        regarding their future evolution which have been made evident recently 
        in both the TPP and the TTIP. These uncertainties are related to the resistance 
        that has been shown by some of the main protagonists, particularly the 
        United States and some countries of the European Union. However, they 
        are also related to the broader uncertainties that exist in relation to 
        the evolution of the global international system and some of its main 
        regions. The trends towards fragmentation and confrontation seem, at times, 
        to prevail over those of cooperation and convergence. The long history 
        offers a glimpse of what can result from such trends. Currently, there are other international trade negotiations under way. 
        However, the two we have mentioned draw more attention perhaps because 
        they encompass the US and the EU, on the one hand, and the US and a group 
        of still undefined countries of the Pacific Rim, on the other hand. If 
        added together, these countries still represent a significant share of 
        world product and trade. Moreover, those who promote them seem to expect 
        that the contents of the agreements that are reached set the standards 
        for the ground rules of world trade in the future. This means that they 
        are pursuing goals that include, but at the same time transcend, the scope 
        of trade promotion.  The fact that the Bali Conference did not restore the expectations of 
        a global multilateral negotiation that can be concluded within a reasonable 
        time frame -through the current Doha Round or some of the variations that 
        have arisen within the framework of the WTO- would seem to be an incentive 
        to move forward through mega interregional agreements. However, it is 
        possible to argue that the time that these partial scope negotiations 
        would demand would weaken the political and technical effort that would 
        be needed to untie some of the major tangles that hinder global multilateral 
        trade negotiations.  At the same time, what can be seen quite clearly is that these major 
        hindrances are similar in all fronts, either the global multilateral or 
        the interregional. They have to do, among other things and not always 
        with the same overtones, with the sensitive aspects of the trade of agricultural 
        products; with key industrial sectors such as the automotive, information 
        technology and capital goods; with the different regulatory frameworks; 
        with government procurement; with intellectual property and with the treatment 
        of investments and the settlement of disputes that these may originate 
        between investors and host countries.  There may be two interpretations as to the motives that lead countries 
        that are relevant protagonists in world trade and investment -who not 
        only have been so for many years but who have played the role of rule-makers 
        in the creation of GATT and later of the WTO- to favor now, in practice 
        though not always in theory, the sphere of interregional agreements above 
        the global multilateral.  The first interpretation places the emphasis on the fact that within 
        a small group of countries -and much more so if they can be considered 
        as like-minded- it is more probable to reach agreements that go beyond 
        the currently existing commitments within the framework of the WTO (i.e.: 
        what is often referred to as commitments "WTO plus" or "WTO 
        2.0"). Such commitments could then be extended to those interested 
        in joining. According to those that promote them, this would be an easier 
        way to attain what today is seen as unfeasible within the scope of the 
        stalled Doha Round.  The second interpretation attaches greater weight to geopolitics. This 
        is closely linked to what Pascal Lamy noted by stating that "geopolitics 
        is back at the table of international trade negotiations." It is 
        an interpretation which attributes the momentum of the negotiations of 
        mega interregional agreements to political reasons related to the need 
        to counterbalance the growing importance of economies called "emerging", 
        not only in world trade but also in the competition for world power. According 
        to some analysts the weight of geopolitics would be more visible in the 
        TPP negotiations, especially if they conclude without having incorporated 
        China.  One version of this second interpretation sees the negotiation of such 
        agreements as a practical method to generate rules for international trade 
        and investment which could not be achieved at the global multilateral 
        level and that, due to the economic weight of the participating countries, 
        could not be rejected afterwards by other countries. These would have 
        no choice but to join the WTO plus agreements that are concluded. Sometimes 
        China, Russia, India and Brazil are referred to as "the others" 
        (without overlooking those developing economies that have a strong potential 
        for international trade and investment, among which are, no doubt, Argentina 
        and many of the members of the G77). If this were the case, it would be 
        clear that the strategy of promoting mega trade agreements with a group 
        of countries of relevant economic dimension and longstanding tradition 
        as central protagonists of the international system has a fundamentally 
        political purpose and content. Some might argue, quite rightly, that this 
        could be viewed as an attempt to reframe what Bertrand Badie called the 
        "diplomacy of collusion" at the level of trade and investments 
        but with a significant impact on competition for world power.  Actually, the problem would not derive from the mega interregional agreements 
        themselves but from the fact that they could be realized without having 
        restored the strength and efficacy of the global multilateral system. 
        The main reason for this is that all the mega trade agreements being negotiated 
        -and many others that have been concluded or with ongoing negotiations, 
        such as those between the EU and India and also with Mercosur- are of 
        a preferential nature. This means that they include commitments that generate 
        benefits only for the participating countries and are therefore discriminatory 
        towards non-participating countries. Consequently, they have a significant 
        potential to fragment the international trading system.  And it is here precisely where lies the potential for negative effects 
        of a network of mega preferential trade agreements inserted in a weakened 
        global multilateral system. It would mean introducing a possibly debilitating 
        factor in the conditions for global governance. It could involve accentuating 
        the tendency to fragment the international system at a time when geopolitical 
        tensions in various regions of the world -the recent events in Crimea 
        are just one example- remind us of a scenario of similar characteristics 
        to those that led to the catastrophe of 1914 (in this regard refer to 
        the book by Christopher Clark, recently translated into Spanish and listed 
        in the Recommended Reading Section of this Newsletter and that by Margaret 
        MacMillan included in the same section of our Newsletter of last February). In this perspective, the idea of promoting the convergence of the global 
        multilateral and preferential agreements becomes ever so important. This 
        was one of the main recommendations of the report produced by a panel 
        of experts convened by the WTO and which perhaps has not received the 
        attention it deserved (see the full text of the report "The Future 
        of Trade: The Challenges of Convergence", Geneva, 24 April, 2013 
        on http://www.wto.org/). 
       Precisely, the idea of convergence in diversity is one of the main contributions 
        of the Latin American strategy that will guide the new government of Chile 
        (see the article by Chancellor Heraldo Muñoz in El País 
        of Madrid from March 13, on http://elpais.com/). 
        While it refers specifically to the necessary articulation between Mercosur 
        -especially if the methodological renewal is achieved- and the Pacific 
        Alliance -especially if its incipient commitments are fulfilled-, its 
        approach focuses on the idea of differentiated commitments and speeds 
        that, if inserted in common institutional and regulatory frameworks such 
        as LAIA at the regional Latin American level or a renewed and strengthened 
        WTO at the global multilateral level, would neutralize the systemic fragmentation 
        trends observed today. It is an idea that may be central so that the agreements that are being 
        negotiated contribute to the goal of achieving reasonable guidelines for 
        regional and global governance. It involves reconciling the partial scope 
        approaches with a joint vision that is essential for promoting world trade 
        in a favorable context for peace and political stability and, at the same 
        time, for the economic and social development of all countries. Showing that this is possible might be a worthy goal to feed the agenda 
        of cooperation between Latin American countries. Its effects would then 
        transcend the regional scope. It will require, though, a good dose of 
        perseverance, technical imagination and political will. |  
   
    | 
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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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