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    | MERCOSUR AND THE ALLIANCE OF THE PACIFIC: 
      THEIR ROLE IN LATIN AMERICAN REGIONAL INTEGRATION ¿Are they opposed or can they be complementary?
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    | by Félix PeñaJune 2013
 
 English translation: Isabel Romero Carranza
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    |    | Drawing the international attention -and that of the 
        own public opinion- is a common occurrence in the founding moments of 
        the integration processes between nations. However, over time, the expectations 
        generated with the launch of an integration agreement, at least among 
        Latin American countries, have generally resulted in frustration. The 
        curve towards disenchantment not necessarily culminates with the respective 
        process being abandoned but mostly results in the loss of the significance 
        that was attributed to it in the founding moment.Hence the importance of the question: What are the factors that enable 
        to sustain over time the political will of a group of sovereign nations 
        to associate with a long-term purpose in the context of an integration?
 Beyond the initial excitement, that now seems evident 
        in the participating countries and in others that aspire to participate, 
        even just as observers, the question that arises then is how sustainable 
        over time will be the process of 'deep integration' channeled by the so- 
        called 'Alliance of the Pacific'. It involves questioning whether it will 
        transcend its undeniable current impact as a successful exercise in 'media 
        diplomacy'. Perhaps, it may be too early to attempt to answer such a complex 
        question. We will have to wait and see the specific commitments that are 
        assumed for the development of the framework agreement signed in 2012.
       An issue to follow up closely will be the relations 
        that are built between the preferential spaces of the Alliance of the 
        Pacific and of Mercosur. It is a matter of economic interest as well as 
        geopolitical connotations. It should be noted that the relations of countries 
        of the Alliance of the Pacific with Mercosur countries and especially 
        with Argentina and Brazil are very close and transcend trade. Hence the 
        importance of formulating the question of whether if between both spaces 
        there will be complementation or, on the contrary, if contradicting views 
        will prevail.
       This is a question that will take time to get an answer 
        based on solid arguments and not just emotional ones. Among other reasons, 
        time will be necessary in order to have a clearer idea of which are the 
        commitments that are finally translated into the space of the Alliance 
        of the Pacific and to be able to appreciate the true scope of the current 
        'metamorphosis' of Mercosur, especially those resulting from changes in 
        its membership, the convenience of capitalizing on the gained experience 
        and from its adaptation to national, regional and global realities very 
        different from those of its founding moment. 
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    |  The presence in Cali, Colombia, on occasion of the VII Summit of the 
        Alliance of the Pacific (23 May, 2013), in addition to the four members 
        (Colombia, Chile, Peru and Mexico), of nine 'observer' countries with 
        high-level representation has been considered a demonstration that this 
        is 'a process that is drawing international attention' (on this regard 
        see the informative paper by the Ministry of Trade, Industry and Tourism 
        of Colombia entitled 'ABC resultados de la VII Cumbre de la Alianza del 
        Pacífico", on https://www.mincomercio.gov.co/; 
        see also the document '30 Preguntas sobre la Alianza del Pacífico' 
        published on http://www.europarl.europa.eu/). 
       Drawing the international attention -and that of the own public opinion- 
        is a common occurrence in the founding moments of the integration processes 
        between nations. For example, it happened in 1969 with the signing of 
        the Agreement of Cartagena (Colombia), which was the result of a very 
        strong involvement of the then presidents of Chile, Eduardo Frei Montalva, 
        and Colombia, Carlos Lleras Restrepo. In its initial stage and for some 
        years the so-called Andean Group managed to concentrate much international 
        attention, especially when it adopted, in December 1970, its foreign investment 
        regime, known as Decision N° 24 (see among other publications the 
        article by Ernesto Tironi, entitled 'La Decisión 24 sobre capitales 
        extranjeros en el Grupo Andino" on http://www.revistaei.uchile.cl/). 
        Then, the decline began with the withdrawal of Chile. After the transformation 
        into the Andean Community of Nations (CAN) the original enthusiasm was 
        gradually eroded. However, Colombia and Peru, both participants in the 
        Pacific Alliance, still remain members of the CAN (on its current activities 
        see http://www.comunidadandina.org/ 
        and on trade between its partners and with third countries in 2012 see 
        http://estadisticas.comunidadandina.org/). The high expectations that are normally generated by the launch of and 
        international integration agreement between Latin American countries have 
        usually led to frustrations, sometimes very difficult to overcome. Something 
        like this happened over fifty years ago with the launch of the Latin American 
        Free Trade Association (LAFTA), then replaced in 1980 by the Latin American 
        Integration Association (LAIA). The curve towards disenchantment not necessarily 
        culminates with the abandonment of the respective project but it results 
        in a loss of the relevance which was attributed to it at the founding 
        moment Thence the current relevance of the question: What are the factors that 
        enable to sustain over time the political will of a group of sovereign 
        nations to work together within the scope of an integration process intended 
        to be permanent? From the different Latin American experiences, including 
        of course Mercosur -which is also currently going through a period where 
        different sectors of the member countries are manifesting their frustrations-, 
        there seems to be three factors to consider carefully. One of them is 
        the ability to adapt the original integration project to the frequent 
        changes in the political and economic conditions of the member countries 
        but also in the external environment, both regional and global. Another 
        factor is the density and quality of the economic and, above all, productive 
        connectivity that is developed as a result of the commitments made in 
        the framework of the integration process. And the third factor, strongly 
        linked to the previous one, is the quality of the ground rules as measured 
        by their effectiveness (their ability to penetrate reality), their efficacy 
        (their ability to produce the results that gave rise to them) and their 
        social legitimacy (their ability to take into account, thanks to the process 
        of rule creation, the social interests of all member countries, reflecting 
        thus a dynamic picture of perception of mutual gains). Without the concurrence 
        of these three factors it is difficult for a voluntary process of integration 
        -in the sense of systematic joint work between sovereign nations- to last 
        in time, at least without undergoing profound changes. Beyond the initial enthusiasm that now seems evident in the participating 
        countries and in others that aspire to have some kind of connection, even 
        just as observers, the question that arises then is how sustainable over 
        time will be the process of 'deep integration' channeled by the so called 
        'Alliance of the Pacific'. That is, whether it will transcend its unquestionable 
        current impact as a successful exercise in 'media diplomacy', understood 
        as that which allows its protagonists to gain space for a while in the 
        media.  Perhaps, it may be too early to attempt to answer such a complex question. 
        So far, what is evident is the strong political will that the participating 
        countries have evinced through a so-called 'framework agreement' signed 
        on occasion of the Summit of Paranal, in Antofagasta, Chile, on June 6, 
        2012. More than enforceable legal commitments, this agreement proposes 
        objectives and expresses the willingness to work together, setting the 
        institutional framework for doing so (see the text on http://www.sre.gob.mx/). 
        No wonder it has been made clear that the Framework Agreement is not a 
        Free Trade Agreement (FTA): 'It is a regulation by which the Pacific Alliance 
        is created. It defines its goals and the actions to be developed in order 
        to reach these objectives; it establishes its ruling bodies and the nature 
        of the instruments that are adopted within it; it allows the possibility 
        of observer states; regulates the accession of new states and the way 
        in which it may be amended; and sets rules about its entry into force 
        and duration'. So what is the difference with an FTA then?: 'In that it 
        does not impose any obligations for the members of the Alliance in matters 
        related to the trade of goods and services; investments; the movement 
        of people; government procurement and dispute settlement; issues that 
        are currently being negotiated through the relevant technical groups created 
        for this purpose under the guidance of the High Level Group (HLG) formed 
        by the Vice Ministers of Trade and Foreign Affairs of the four countries. 
        Once their negotiation is finished these obligations will be brought to 
        Congress as a package to be submitted for legislative approval' (on this 
        regard, see the original Spanish informative document quoted above on 
        https://www.mincomercio.gov.co/). The objectives laid down on the framework agreement are broad and ambitious. 
        Hence the expression of 'deep integration' that evokes the idea of going 
        beyond what are the simple free trade agreements. A central aspect in 
        order to appreciate how far they are willing and able to advance will 
        be most certainly that of reciprocal trade liberalization, at least if 
        we take into account the approach that seems to predominate in building 
        this Alliance. In this regard, what was agreed in the Summit of Cali -as 
        per the final statement- is that: 'in matters of tariff deductions, the 
        total elimination of tariffs was defined for the tariff universe. Also, 
        it was decided that the common 90% of that universe will have zero tariff 
        once the agreement comes into force and that the remaining 10% will be 
        deducted as agreed between the Parties'. It also points out that they 
        agreed to: "conclude the tariff negotiation for the universe of goods 
        to achieve complete tariff relief within a reasonable time and also, to 
        finalize the texts of the Chapter on Access to Markets'. According to 
        the aforementioned briefing paper (the original version is in Spanish 
        and has been translated for this Newsletter), originated in the Ministry 
        of Commerce, Industry and Tourism of the government of Colombia, whatever 
        is agreed will be included in an additional protocol to the Framework 
        Agreement. It would become effective upon ratification by the four countries. 
        As is often the case, this could take some time to materialize.  The member countries of the Alliance are already linked with each other 
        by preferential agreements concluded in the framework of the LAIA (see 
        the respective texts including the additional protocols and tariff reduction 
        commitments on http://www.aladi.org/). 
        So only when concluding the ongoing work to implement what was announced 
        in the Summit of Cali, we will be able to appreciate what is the actual 
        additional value of what is agreed in terms of tariff deductions, sensitivity 
        and exceptions, and safety valves with regard to what is currently valid 
        between the different pairs of members. It remains to be seen also if 
        the existing agreements are connected together, including their respective 
        updates or if, on the contrary, they are inserted into a new single partial 
        extent agreement within the scope of the LAIA. It will also be interesting 
        to see what progress is made in the matter of accumulation of rules of 
        origin. It is not a minor detail to take into account that the four countries 
        have concluded preferential agreements with the US and the EU. And three 
        of them -Chile, Mexico and Peru- are taking part of the ongoing negotiations 
        to establish the Trans-Pacific Partnership (TPP). This is not a minor 
        fact either.  But taking into account the objectives of the partners it will be essential 
        to examine the real extent of the actual commitments that are adopted 
        in other areas and, especially, in terms of the different regulatory frameworks, 
        of services and investments, even of intellectual property and public 
        procurement. These, together with tariff reductions, the elimination of 
        non-tariff barriers, rules of origin and, among others, of trade facilitation 
        may have more impact on the idea of turning the Pacific Alliance into 
        a space for the development of productive chains especially aimed at making 
        the most of the mega- preferential interregional trade agreements -the 
        mentioned TPP and also the Transatlantic Trade and Investment Partnership 
        (TATIP)-, which would connect this area of the Latin American Pacific 
        with Asia Pacific, North America and also the European space. Could this 
        be the real reason behind this new alliance? Another issue to monitor closely is that of the relationships that are 
        built between the Latin American preferential spaces: the Alliance of 
        the Pacific and Mercosur. It is a matter of economic interest but also 
        with strong geopolitical connotations. It should be noted that for several 
        countries in the Alliance of the Pacific relations at all levels with 
        Mercosur countries, but especially with Argentina and Brazil, are very 
        close and transcend trade.  Hence, the importance of raising the question of whether these two regional 
        preferential spaces will complement each other or if, by the contrary, 
        contradictory views will prevail. This is a question that has been raised 
        by some newspaper comments published on occasion of the Summit of Cali 
        (see for example that by Andrés Oppenheimer, entitled 'Alliance 
        of the Pacific vs. Mercosur', published in El Nuevo Herald of May 25, 
        on http://www.elnuevoherald.com/; 
        and that of The Economist of 18 May, 2013, entitled 'Latin American Geo-economics. 
        A continental divide. The region is falling in behind two alternative 
        blocks: the market-led Pacific Alliance and the more statist Mercosur"). 
        And this is a question that will take time to get an answer based on solid 
        arguments and not only ideological or emotional ones. Among other reasons, 
        time will be necessary in order to have a clearer idea of what are the 
        commitments that are eventually manifested in the space of the Pacific 
        Alliance and to appreciate the true scope of the present 'metamorphosis' 
        of Mercosur, resulting especially from changes in its membership, the 
        convenience of capitalizing on the experience gained since its creation, 
        and its recommendable adaptation to national, regional and global realities 
        different from those of the time of its creation.  The Alliance of the Pacific would be the equivalent of a house to be 
        built. The willingness to do so exists and the plans are being discussed. 
        The actual construction will begin later, which in turn may be impacted 
        by the dynamics of change of the external environment. Mercosur is also 
        the equivalent of a house under construction -the current experience of 
        the EU shows that this is a constant reality of voluntary integration 
        processes among sovereign nations- but it already needs to be expanded 
        and adjusted to the new realities of its owners and the environment in 
        which they operate.  Both constructions are developed in the broader institutional frameworks 
        that exist in the region. All of them aim to ensure regional governance 
        -in terms of peace and political stability- and not only in the economic 
        aspect. These are, in particular, the frameworks of the LAIA and UNASUR 
        - and to some extent also that of the CELAC-. Additionally, there are 
        also regional institutions such as the ECLAC and the CAF-Development Bank 
        of Latin America, that can play a very useful role in facilitating the 
        articulation between both integration processes.  How to get both processes to complement each other, generating a convergence 
        of development and commercial policies and achieving a growing articulation 
        of transnational value chains? This is perhaps the central question on 
        which to base the work between Mercosur and the Pacific Alliance from 
        now on, while maximizing the installed capacity within the scope of the 
        regional institutions mentioned above. |  
   
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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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