CAN THE WTO AND MERCOSUR ADAPT TO THE NEW REALITIES?
Some issues that demand priority attention
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by Félix Peña
December 2021
English translation: Isabel Romero Carranza
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The agenda of international trade negotiations in
which Argentina and several other countries participate has become very
diverse and complex.
In today's world, which is more populated and connected
than ever and thus more competitive but, above all, more dynamic, every
country -even the largest and most developed ones-will need a continuous
effort to diagnose the changes that may arise in the future and their
potential effects.
From an Argentine perspective, in relation to the
agenda of international negotiations that have an impact on the country's
foreign trade, two fronts appear to be a priority in the very short term.
The first one is that of the negotiations within the world trade system
institutionalized by the WTO. The second is Mercosur, which is based on
two complementary ideas. One is the creation of a regional space that
facilitates joint work among its member countries. The other is an integration
into the international trade system that encourages productive investment
and economic and social development in its member countries.
Thirty years after its creation, Mercosur needs to
adapt its instruments and working methods to the new global realities
and those of its member countries, in line with its founding objectives.
Perhaps the time has come for Mercosur to formally
promote the objective of developing an agenda for the negotiation of free
trade or preferential trade agreements, especially with each of the major
players in world trade.
The Mercosur Council meeting, convened for December,
could therefore be an opportunity to channel the vision of the Mercosur
countries with respect to their international trade negotiations, especially
with the three major actors in world trade, which are the US, the EU and
China.
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As we have pointed out on different occasions, the agenda of international
trade negotiations in which Argentina and several other countries participate
has become very diverse and complex.
Given the changes taking place in the international system, the trend
towards diversity and complexity can be expected not only to continue
but also to intensify.
Among others, three significant changes can be mentioned:
- the diversity of relevant issues with a direct or indirect impact
on the future development of world trade. These include: a) climate
change, with its potential effects on the economies of all countries
and on their foreign trade; b) technological innovations, especially
the increasingly intensive use of artificial intelligence; and c) the
growing cultural diversity of the population of countries and regions
due, among other factors, to the cumulative effect of migratory phenomena.
- the increasingly significant number of players-be they countries,
companies, or individuals-that are now attractive for the development
of the global exchange of goods, services, ideas and knowledge, with
its effects on the multiplicity of options that are generated for those
seeking to interact successfully in the international arena, and
- the constant innovation of concepts, models and paradigms that affect
the evolution of international trade relations in all their dimensions,
rendering obsolete the policies and institutions that used to be employed
for the worldwide projection of the competitive advantages of each country
or region.
In today's world, which is more populated and connected than ever and,
therefore, more competitive but, above all, more dynamic, every country-even
the largest and most developed ones-will need a continuous effort to diagnose
the changes that may arise in the future and their potential effects.
These are efforts that call for an active and shared participation of
protagonists and institutions, especially of those of action-oriented
thinking. Nowadays, devising international trade insertion policies for
countries, geographical regions, companies and even individuals, under
the assumption that everything is or will remain the same as before, would
not seem advisable.
Within the framework of the above, it is worth addressing, from an Argentine
perspective, the issue of a necessary agenda of international negotiations
that has a bearing on the country's foreign trade.
Among others, two fronts appear as immediate priorities, that is, for
the remainder of 2021 and for 2022. However, these are priorities that
must be continuously reviewed and updated.
A first priority front is that of negotiations within the world trade
system institutionalized by the World Trade Organization, (see the article
by Inu Marak cited below under Recommended Reading).
The Twelfth Ministerial Conference was scheduled to be held in Geneva
from November 30 to December 3, 2021 (see the November issue of our newsletter).
It would have been the first to take place since the Buenos Aires Conference
of 2017 and since the appointment of the new Director General, the Nigerian
Ngozi OKonjo-Iweala.
However, on November 26, the WTO General Council had to postpone the
Conference due to the evolution of Covid 19 in several member countries
and its effects on the possibilities for travel of the attendees. A new
date has not yet been set.
The WTO has just released its annual report examining the vulnerabilities
and resilience of the global trade system (see the text of the WTO World
Trade Report 2021, under the title "Economic Resilience and Trade"
on www.wto.org).
Among the pending issues on the WTO agenda is the full reestablishment
of its dispute settlement mechanism, including the reforms that may eventually
be deemed necessary. It was, in fact, paralyzed following the questioning
by the administration of President Donald Trump. This has affected the
scope of an international trade system that is, presumably, governed by
rules that are actually complied with.
A second priority front is that of Mercosur. Thirty years after its creation,
Mercosur needs to adapt its instruments and working methods to the new
global realities and those of its member countries, in line with its founding
objectives.
The Council meeting and the Summit of Presidents are scheduled for mid-December.
As always, there are several issues to be addressed. Among these, the
level of protection resulting from the common external tariff and trade
negotiations with third countries that are not members of ALADI stand
out, due to their relative importance.
The December meeting would then be an opportunity to reestablish a reasonable
degree of credibility in the effectiveness and efficacy of Mercosur as
an environment for joint work among its member countries. That is, its
true and original reason for existing.
At times, such credibility appears to be affected by the behavior of
its member countries in matters relevant to its functioning, such as the
effectiveness of its common external tariff and the possibility that individual
member countries enter into bilateral preferential trade agreements with
third countries. Depending on how it is conceived and its potential scope,
this is a possibility that could require modifications to the Treaty of
Asunción, even substantial ones, especially with regard to core
concepts of the founding pact, such as the "common external tariff",
"customs union" and "common market".
Mercosur is based on two complementary ideas. One is the creation of
a regional space that, even due to its exclusivity derived from the formula
of a customs union, facilitates joint work among its member countries,
especially when negotiating trade preferences with third countries. The
other is an integration into the international trade system that encourages
productive investment and economic and social development in its member
countries.
There are at least three areas where improvements on the objectives and
functioning can be made. The first is that of the methods of coordination
of national interests for the adoption of effective and efficient joint
decisions. The second is in the full use of the instrument of sectoral
agreements provided for in Article 5 d. of the Treaty of Asunción
and later in Decision No. 3, adopted in 1991 by the Mercosur Council of
Ministers. Finally, the third is the incorporation of new joint work issues,
among others, those related to climate change, digital trade and artificial
intelligence.
These aspects must be addressed in conjunction with an active strategy
of simultaneous trade negotiations with developed and developing countries.
This should include the negotiation, if possible concurrently, of trade
and investment agreements with the world's major markets (China and the
United States, to which we should add the completion of the pending agreement
with the European Union).
Because of its unquestionable importance in the development of international
trade, it would be natural for Mercosur to aspire to have preferential
trade agreements or free trade agreements with each of these three relevant
actors.
An initial agreement has already been made with the EU, after about thirty
years of probing, talks and formal negotiations, but so far no progress
has been made, or really sought to be made, towards its final conclusion.
A first step was taken with the United States through the conclusion,
in 1991, of the so-called "4 plus 1" agreement, but thereafter
talks aimed at finalizing a formal free trade agreement were not pursued.
In relation to China, Mercosur never formally responded to proposals
made at the time by Beijing to negotiate a preferential trade agreement.
Perhaps, the time has come for Mercosur to formalize its objective of
developing an agenda for negotiating preferential or free trade agreements
in the short term with each of the three major players of world trade,
without excluding the possibility of doing so with other countries with
large markets, such as Japan, the UK, India, Canada, South Korea, Australia
and Russia, to name a few.
In addition to those mentioned above, there would be the possibility
of market expansions that could result from taking full advantage of the
underutilized potential of ALADI, as well as those that could result from
preferential or free trade agreements to be promoted and concluded with
the countries of ASEAN and the African Union, among others.
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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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