MERCOSUR'S INTERNATIONAL AGENDA
Global and regional challenges in the aftermath of the pandemic
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by Félix Peña
March 2021
English translation: Isabel Romero Carranza
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The agenda of Mercosur's international trade negotiations
results from the issues that affect the relations between the member countries
and the countries of the international system. These include those that
are channeled through the international organizations that have a greater
impact on the priorities of the integration process, such as the World
Trade Organization.
There are three issues that seem to be the most relevant in Mercosur's
2021 agenda and, therefore, in the agendas of its member countries. These
issues are relevant because of their simultaneous impact on the political,
economic and legal dimensions that seem to be essential to understand
Mercosur's development.
The first issue to be addressed relates to the idea of providing Mercosur
with greater flexibility to face trade negotiations with other countries
or groups of countries, through multiple forms of cooperation agreements.
The second issue is the participation of Mercosur countries in initiatives
aimed at making the multilateral trade system, currently institutionalized
in the WTO, more effective.
The third issue refers to the links established with other regions
organized through different types of integration and economic cooperation
agreements, such as the EU and inter-regional agreements in Asia, among
others.
The intense agenda of international trade negotiations, both in Mercosur
and in the Latin American region, makes it more necessary than ever to
ensure the active participation of academic institutions in the process
of analysis and action-oriented ideas. Thinking of concrete approaches
and proposals that facilitate the projection to the world of the existing
capabilities in the Latin American region will be an important factor
in the future for the development of successful and effective strategies
for the international trade insertion of the countries of the region.
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In this opportunity, we will seek to expand on some of the ideas that
were presented in the January edition of this newsletter, which focused
on the concept of "Us and the World".
We will concentrate on what may be, in our opinion, the most relevant
issues related to the agenda of Mercosur's international trade negotiations.
In fact, these issues are closely related to the uncertainty that has
emerged in the international system as a consequence of the coronavirus
pandemic but, above all, to the effects of the changing dynamics of contemporary
international relations. Such changes are increasingly revealing their
impact on power relations, both political and economic, between nations
and, in particular, between those that can be considered the main actors
in the international system, in terms of their relative power.
The agenda of Mercosur's international trade negotiations is the result
of some of the main issues that affect the relations between its member
countries and the countries of the international system, including those
that are channeled through the international organizations that have a
greater impact on the priorities of the integration process, such as,
among others, the World Trade Organization.
There are three issues that seem to be among the most relevant for Mercosur's
2021 agenda and, therefore, for the agenda of each of its member countries.
These issues are relevant because of their simultaneous impact on the
political, economic and legal dimensions that we consider essential to
understand Mercosur's development. As we have pointed out in other opportunities,
these are dimensions that, from the founding stage, have been key to interpreting
the logic of the behavior of its member countries (and even of countries
that chose not to formally join Mercosur, as is the case of Chile). Addressing
an integration process such as that of Mercosur from only one of these
three perspectives involves the risk of not being able to correctly interpret
realities and, therefore, of formulating erroneous diagnoses about them.
This means running the additional risk of not understanding the realities
at all and, above all, of not being able to identify actions that may
be aimed at having an impact on them. In other words, the risk that whatever
is finally decided ends up being ineffective and inefficient.
A first issue to be addressed is the idea of providing Mercosur with greater
flexibility to face trade negotiations with other countries or groups
of countries, through multiple types of cooperation agreements.
The second issue is the participation of Mercosur countries in actions
aimed at making the multilateral trade system, currently institutionalized
in the WTO, more effective.
And the third issue is that of the links to be established with other
regions organized through different types of integration and economic
cooperation agreements, such as, among others, the EU and the regional
agreements in Asia; the recently created Regional Comprehensive Economic
Partnership - RCEP (refer to the December 2020 issue of this newsletter),
or in Africa, the possible developments of the African Union agreement,
which brings together 55 African countries and contemplates the articulation
of their regional economic communities. (See the "African Union Handbook",
Addi Ababa - Ethiopia and Wellington, New Zealand, 2019).
The first issue is aimed at addressing what is implied by the often heard
expression that "Mercosur binds us". In other words, that being
a member of Mercosur, a country faces restrictions in its possibility
of developing and concluding individual trade negotiations with one or
more other countries. This explains the recurrent proposals aimed at making
Mercosur more flexible by opening the horizon for possible trade negotiations
that do not require the participation of all its member countries. This
restriction is due mainly to the fact that Mercosur has opted for the
formula of a customs union instead of a free trade zone.
However, as we have already pointed out in other opportunities, such restriction
does not derive from Decision 32-00 of the Mercosur Council of the year
2000, as it has often been stated. On the contrary, it derives from different
elements included in the Treaty of Asuncion itself, referring to the objective
of "building a Common Market"and, especially, from its second
article, which stipulates that "the Common Market shall be based
on the reciprocity of rights and obligations among the Party States".
This rule was probably not an accident. Perhaps it had much to do with
a central concern for the political leadership of that time -especially
in Argentina and Brazil -which was the possibility that one of the Mercosur
members would later opt for a preferential trade alliance with the United
States, whose government had just formally launched, in 1989, the idea
of a vast free trade zone of the Americas, which could even be built through
the individual incorporation of interested countries. Precisely because
Chile did not join Mercosur, it was able to sign a free trade agreement
with the United States.
If this interpretation is correct -and this is at least our understanding-
making Mercosur more flexible in order to allow member countries to individually
conclude preferential trade agreements with third countries or groups
of countries would require modifying the Treaty of Asuncion, and especially
its first, second and fifth articles. If this were not seen as convenient
or possible, another option would be for the country or countries interested
in such a gain in flexibility to withdraw from Mercosur. We could call
this the "Brexit" option. And a third option would be to resort
to article 47 of the Ouro Preto Protocol and convene a diplomatic conference
that could review the institutional structure of Mercosur with regards
to the competences to make the assumed commitments more flexible. (On
this topic, see our article in the Foreign
Trade Supplement of "La Nación" newspaper of May 14,
2020).
The second issue refers to Mercosur and the multilateral system of international
trade institutionalized in the WTO. The appointment, on February 15, of
Ngozi Okonjo Iweala as Director General of the WTO has resolved one of
the factors that generated uncertainty about the future effectiveness
of the main institution of the international trading system. (See her
profile and background at www.wto.org). Her broad and rich governmental
experience in her own country, Nigeria, and at the international level,
especially at the World Bank, and more recently as Chairman of the Board
of Gavi -the Vaccine Alliance- may allow us to anticipate a period characterized
by the effectiveness of her management at the helm of the WTO.
The WTO has therefore entered a stage where it will try to activate its
role in relation to a system of trade negotiations that will require a
great deal of effort to overcome the relative paralysis that has characterized
it in recent years.
Two work fronts, among others, stand out in the WTO's current agenda.
On the one hand, its role in promoting multilateral trade negotiations,
which was partly affected by the Doha Round experience. On the other,
and no less important, is to restore the effectiveness of its dispute
settlement mechanism, which was impacted by, among other factors, the
position taken by the administration of President Donald Trump, which
led to a stage of relative stagnation that has not yet been overcome.
The Latin American countries, first members of GATT and now of the WTO,
have always sought to play an active role by frequently promoting initiatives.
Activating such protagonism should be a priority for the Latin American
group, which can be increased to the extent that the capacity for joint
action is strengthened, especially by the countries of Mercosur and the
Pacific Alliance, which have a long tradition of promoting the agendas
of the multilateral trade system and, in particular, of the WTO.
The third issue is related to Mercosur's agenda for the articulation with
other regional cooperation initiatives that have an impact on the international
trading system. This certainly entails intensifying the coordination and
joint work with other regional integration and cooperation schemes in
Latin America itself, such as, among others, the Latin American Integration
Association (LAIA), the Pacific Alliance, the Andean Community, the Central
American Integration System and the Central American Common Market itself,
and the Caribbean Community. The recent appointment of Sergio Abreu as
Secretary General of LAIA has opened new horizons for the idea of making
this organization a forum for initiatives that facilitate the promotion
of regional integration, with an impact on the joint participation of
the region in the broad and diverse front of international trade negotiations.
Above all, however, it implies that the countries of the region play an
active role in the articulation with other relevant regions for the development
of global international trade. Without excluding other fronts -including
those that may eventually be developed with major players in current and
future international trade (such as China, the US and India) -Mercosur
will have to give immediate priority to the agreements that have been
negotiated with the EU and that could be negotiated with the RCEP. Other
relevant fronts are the relations that will develop with the United Kingdom
after Brexit. (See the February 2021 issue of this newsletter).
The intense agenda of international trade negotiations, both in Mercosur
and in the Latin American region, makes it more necessary than ever to
ensure the active participation of academic institutions in the process
of analysis and generation of action-oriented ideas. The development of
approaches and concrete ideas that facilitate the projection of the existing
capacities in the Latin American region to the world will be an important
factor for the development of successful and efficient strategies for
the international trade insertion of the countries of the region. (On
this subject, see the November 2020 issue of this newsletter).
In this respect, it is worth mentioning, as a contribution to the conception
and development of an international trade insertion strategy for Latin
American countries, the Second Congress of the Regional Group for Integration
and Development of Latin America and Europe (GRIDALE), which will be held
in virtual mode, in Buenos Aires, from March 8 of this year. GRIDALE is
an initiative of the Universidad Cooperativa de Colombia and is coordinated
by Edgar Vieira Posada, who has a long career in the public sector in
his country and in the Andean Group, as well as in academia. GRIDALE'S
first Congress took place in Bogota in 2018. The Buenos Aires event is
jointly organized by GRIDALE and Universidad Nacional de Tres de Febrero.
(For more information about GRIDALE, and its activities, including the
Congresses of Bogota (2018) and Buenos Aires (2021) and its publications,
see http://www.gridale.org).
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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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