THE GROUND RULES OF INTERNATIONAL TRADE
The importance of the WTO and the regional agreements each country participates
in
|
by Félix Peña
June 2020
English translation: Isabel Romero Carranza
|
|
|
The most recent reflections by Fernando Henrique Cardoso
lead us to wonder about the contributions that our region can effectively
make to a new post-pandemic international order. The idea of recreating
an international order based on more participatory and, therefore, effective
governance is one of the core aspects of a necessary global agenda that
will have to be built with the active participation of Latin American
countries.
On this opportunity, we will focus on two issues that are relevant
for the construction of an agenda that leads to a post-pandemic world
order and in which the Latin American region, if it has the resolve, may
have some impact. Our region has accumulated experiences -positive and
otherwise- with regards to these issues and, therefore, aside from having
specific interests to promote, it can make relevant contributions.
The first issue refers to the necessary preservation of a multilateral
system of international trade, which helps overcome the shortcomings that
have been evinced in the ability of the WTO to play an effective role.
The second matter is related to the role of legal rules that ensure
the effectiveness and thus the efficacy of regional agreements that provide
the framework to make economic integration processes predictable, particularly
those that pursue more ambitious objectives such as the case of Mercosur.
A thorough knowledge and understanding of the role of such rules is today
an important factor for competing and negotiating in the world.
Both issues will demand innovations in the institutional frameworks
and in the ground rules that might be affected. In this perspective, the
multilateral system of world trade now reflected in the WTO and the networks
of regional and interregional agreements for preferential trade and economic
integration, in which our country and other Latin American and Mercosur
countries participate, become ever more relevant.
|
In a recent interview to Fernando Henrique Cardoso by Hugo Alconada
Mon and published in "La Nación" newspaper, about the
effects of the COVID-19 pandemic in our countries and in the world, the
prominent Brazilian statesman, argued that "the moment has come to
realize that this pandemic affects the entire planet and that the problems
that are coming will do likewise. What kind of governance can be offered
to a world that is in such bad shape due to the pandemic? This will change
the balance of power ... whether we like it or not, there will be an open
confrontation between China and the United States. Let's hope that it
remains a peaceful one and that it is possible to recreate a more participatory
international order that includes countries such as ours, with the main
goal of preserving peace." (See the reference to the interview under
Recommended Reading).
In particular, what can be inferred from the words of former President
Cardoso is that the global and regional problems we face require modalities
of governance that, in order to be effective, must be participatory. Moreover,
these problems could eventually lead to situations that affect regional
or world peace.
The reflections by Fernando Henrique Cardoso, prompt us to ask ourselves
about the contributions that our region can effectively make to the design
and implementation of a new international post-pandemic order, both globally
and in the Latin American region. We are all aware that it will take time
and that it will not be an easy task. However, it is also possible to
imagine what would be the consequences of a failure to reach this goal.
Thus, we must recognize that the idea of recreating an international
order, based on more participatory and supportive governance, is one of
the core concepts of that necessary global agenda that will need to be
devised. This task will call for effective leadership in all countries,
especially those with the greatest capacity to influence the construction
of the agreements that will be required.
On this opportunity, we will focus only on two issues that are relevant
for the construction of an agenda that leads to a post-pandemic world
order and in which the Latin American region, if it has the resolve, may
have some impact. They are certainly not the only areas of concern, but
our region has accumulated experiences -positive and otherwise- with regards
to them and, therefore, aside from having specific interests to promote,
it can make relevant contributions.
The first of these issues refers to the necessary preservation of a multilateral
international trade system, which helps overcome the shortcomings that
have been evinced in the ability of the WTO to continue playing an effective
role.
The second issue is related to the role of the legal rules to ensure
the effectiveness and, therefore, the efficacy of regional agreements
that provide the framework to make economic integration processes predictable,
particularly those that pursue more ambitious objectives, such as the
case of Mercosur.
A third matter, which we will not discuss today for reasons of space,
refers to the future impacts for the economic development of Latin American
countries, of regional productive integration based on greater physical
connectivity that facilitates the effectiveness of supply chains of regional
scope with interregional and, eventually, global projection.
The two issues we will refer to, require innovations in the conception
of institutions and ground rules that may affect them. In this perspective,
a multilateral system of world trade, now reflected in the WTO, and the
networks of regional and interregional agreements for preferential trade
and economic integration, especially Mercosur and the Pacific Alliance,
become more relevant.
The issue of the WTO has become quite current as a result of the resignation
of Roberto de Azevedo, its Director General, which will become effective
as of next August, one year before the end of his term. His early removal
comes at a time when both international trade and the WTO itself are facing
serious problems. The position of the current US government, especially
with regard to its dispute settlement system, is one of the factors that
is causing the gradual deterioration of the effectiveness of the main
institution of the multilateral trading system. However, it is certainly
not the only reason.
A certain consensus is building up in the direction that the WTO would
require a regulatory and institutional redesign if it wants to become
more effective. For this reason, the selection of who will be appointed
at the General Directorate becomes one of the most relevant issues of
global governance. Some names would appear to be moving forward, such
as Arancha González (currently responsible for Spain's Foreign
Relations, former Director of the International Trade Center, and who
previously had advisory and management responsibilities at the WTO, together
with Pascal Lamy, and before that in the European Commission). She is
very competent and has a thorough knowledge of Latin America.
A group of Latin American specialists in international trade, with outstanding
academic performance and much practical experience -at government level,
in international organizations and even in business- in their respective
countries, has recently published a paper, promoted by the Punta del Este
Group, with visions and ideas aimed at strengthening the WTO, (on the
Punta del Este Group, see its website at www.grupopuntadeleste.com).
The matter of the role of legal rules to ensure the effectiveness and
efficacy of a regional agreement, as is the case of Mercosur, has become
more relevant in recent times, given the ongoing debate on the scope of
the commitments assumed by the member countries at the moment of founding,
especially in the Treaty of Asunción and in the Ouro Preto Protocol.
The bi-regional agreement that has been negotiated with the EU underscores
the importance of this legal and institutional issue of clear political
and economic implications.
We have addressed this issue on various occasions (see, among others,
the February and March 2020 editions of this newsletter). In particular,
we have done so from the perspective of the necessary interaction that
the political, economic and legal dimensions have in a process of integration
of the characteristics of Mercosur. (See, among other things, the August
2019 edition of this newsletter at www.felixpena.com.ar).
This is a debate that has been enriched as a result of the contribution
of a very recent report that has been developed and published by the Confederation
of Industries of Brazil (CNI), together with some of the main state industrial
organizations, under the title "Legal Impacts of Brazil's withdrawal
from Mercosur", (for the 77 page-long text which includes very detailed
and precise information, you may visit www.portaldaindustria.com.br/).
The report originated from the fact that, as indicated in its presentation,
the hypothesis of an eventual withdrawal from Mercosur has been raised
in government agencies in Brazil.
Given that the report was published at the end of May of 2020, we prefer
to leave the more detailed analysis of its contents for a later date.
It is easy to imagine that it will spark the preparation of similar reports
on the topic by business institutions around Mercosur and, most especially,
in Argentina.
|
- Albertoni Gómez, Nicolás, "Entre el Barrio y el
Mundo. ¿Mercosur o Modelo Chileno? Dos alternativas para el Uruguay",
Taurus, Montevideo 2011.
- Albertoni, Nicolás, "Uruguay como Solución. Su
inserción internacional: cuando lo importante se transforma en
urgente", Taurus, Montevideo 2019
- Alcaro, Riccardo (Editor), "The Liberal Order and its Contestation.
Great Powers and Regions Transiting in a Multipolar Era", Routledge.
London and New York 2019.
- Andersen, Kurt, "Fantasyland. How America Went Haywire. A 500-Year
History", Random House, New York 2017.
- Barzun Jacques, "Del Amanecer a la Decadencia. Quinientos años
de vida cultural en Occidente (de 1500 a nuestros días)",
Taurus Historia, Barcelona 2017.
- Beattie, Alan, "False Economy. A Surprising Economic History
of the World", Viking- Penguin Books, London 2009.
- Beattie, Alan, "Who's in Charge Here? How Governments are Failing
the World Economy", Riverhead Books, New York 2012.
- Cardoso, Fernando Henrique, "La deuda pública va a explotar,
aquí, allá y en todos lados", interview by Hugo Alconada
Mon, in newspaper "La Nación", May 27, 2020, pp. 1
and 17, www.lanacion.com.ar/.
- Confederacao Nacional das Industrias (CNI), "Impactos jurídicos
da saída do Brasil do Mercosul", Brasilia Mayo 2020, www.portaldaindustria.com.br/).
- De Lima-Campos, Aluisio; Gaviria, Juan Antonio, "Introduction
to Trade Policy", Routledge, London and New York 2018.
- Douthat, Ross, "The Decadent Society. How We Became the Victims
of Our Own Success", Avid Reader Press, New York 2020.
- Gans, Joshua, "Economics in the Age of COVID-19", The MIT
Press, Cambridge-London 2020.
- Gordon Robert J., "The Rise and Fall of American Growth. The
US Standard of Living Since the Civil War", Princeton University
Press, Princeton and Oxford 2016.
- Haass, Richard, "The World. A Brief Introduction", Penguin
Press, New York 2020.
- Hughes, Sophie & Cleave, Sarah (eds.), "Europa 28. Writing
by Women on the Future of Europe", A Hay Festival Project, Comma
Press, London 2020.
- Judt , Toni, "A Grand Illusion? An essay on Europe", New
York University Press, New York and London 2011.
- Kissinger, Henry, "A World Restored: Metternich, Castlereagh,
and the Problems of Peace, 1812-22", Friedland Books, 2017.
- Kupchan, Charles A., "No One's World. The West, the Rising Rest,
and the Coming Global Turns", Oxford University Press, Oxford -
New York 2012.
- Neustadt, Richard E; May, Ernest R., "Thinking in Time. The
Uses of History for Decision Makers", The Free Press, New York
1986.
- Neuwirth, Robert, "Stealth of Nations. The Global Rise of the
Informal Economy", Pantheon Books, New York 2011.
- Peña, Félix, "¿Una iniciativa oportuna
para el futuro del Mercosur?", published in the Foreign Trade Supplement
of newspaper "La Nación", May 14, 2020, Section The
Expert, page 3.
- Rosales, Osvaldo, Rosales, Osvaldo, "Después de la pandemia:
tendencias globales probables", May 6, 2020.
- Schroeter, John (ed.), "After Shock. The world's foremost futurists
reflect on 50 years of Future Shock - and look ahead to the next 50
", Abundant World Institute,
- Segal, Adam, "The Hacked World Order. How nations fight, trade,
maneuver, and manipulate in the digital age", BBS Public Affairs,
New York 2016.
- Shambaugh, David (Editor), "China & the World", Oxford
University Press, New York 2020.
- Simpfendorfer, Ben, "The New Silk Road. How a Rising Arab World
is Turning Away from the West and Rediscovering China", Palgrave
- Macmillan, New York 2011.
- Simpfendorfer, Ben. "The Rise of the New East. Business Strategies
for Success in a World of Increasing Complexity", Palgrave - Macmillan,
New York 2014.
- Struye de Swielande, Tanguy; Vandamme, Dorothée; Walton, David;
Wilkins, Thomas (Editors), "Rethinking Middle Powers in the Asian
Century, New theories and new cases", Routledge, London and New
York 2019.
- Teitelbaum, Benjamin R., "War for Eternity. Inside Bannon's
Far-Right Circle of Global Power Brokers", Dey ST. - William Morrow,
New York 2020.
- Valles, Guillermo, "Facing the Acefalia at the WTO", May
15, 2020 www.grupopuntadeleste.com/.
|
|
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.
|
|
|
|