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    | THE TPP NEGOTIATION AND ITS FIRST IMPACT 
      ON LATIN AMERICA. It is a credible possibility, a confusing reality and a mirage at the same 
      time?
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    | by Félix PeñaOctober 2015
 
 English translation: Isabel Romero Carranza
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    |    | As a credible possibility, the TPP has entered fully 
        into the reality of the contemporary debate on international trade. It 
        has done so through the strategic, offensive or defensive, agendas of 
        multiple stakeholders, be they government, business, political or social 
        sectors. This has obviously been the case of the countries that are part 
        of the TPP. But it is has also happened in other Latin American countries. 
        The Brazilian press has reflected the intensity of the impact that the 
        announcement of October 5 produced in the country. It is an impact that 
        leads to the perception that Brazil, and its companies, might be isolated 
        if they fail to adapt to the new reality of international trade. This 
        reality would be reflected, precisely, by the TPP and the criteria that 
        it would be setting in terms of the scope and the quality of the rules 
        governing international trade.
       Being perceived as a credible possibility and as a 
        new -although unclear- reality, the "TPP event" can lead to 
        illusions in international trade relations. These illusions can have both 
        positive and negative effects. They would be positive if they translate 
        into a willingness to reach constructive goals. They would be negative 
        if, on the contrary, they end up arousing passions reflected by contradicting 
        perceptions of an ideological nature.
       The TPP and its possible derivations to other mega-preferential 
        agreements, such as the Trans-Atlantic Trade and Investment Partnership 
        (TTIP) between the US and the EU, can lead to a fragmentation of the international 
        trading system, with its ensuing adverse impact on global governance and 
        the national interests of developing countries.
       The main concern stems from a situation that is possible 
        to see today. It would result from the cumulative effects of two trends: 
        on the one hand, the proliferation of mega preferential agreements, which 
        in fact work as private clubs and therefore discriminate against non-members; 
        on the other hand, the weakening and irrelevance of the multilateral WTO 
        system. In this regard, the Nairobi Ministerial Conference, to be held 
        in December, takes on greater significance in the light of the eventual 
        enactment of the TPP.
       These are two trends that, in their eventual contradiction, 
        need to be regarded in a perspective that transcends the economic and 
        international trade level. They require to be viewed, both by analysts 
        and by protagonists, in terms of their effects on the exhaustion of the 
        world order that emerged at the end of the Second World War, and the attempts 
        to replace it with a new global governance.
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    |  The Trans-Pacific Partnership (TTP) was always a possibility, but it 
        has now become a credible one. And as such it is now perceived as part 
        of a reality, albeit an unclear one, at least in the member countries. 
        But it is also so in those countries who are discussing its effects and 
        whether they should follow the same path. The risk is to be deceived by 
        a mirage produced as a result of the need to "sell" the product, 
        i.e.: to convince public opinion -in the member countries and internationally- 
        that the agreement that has been reached, but whose specific contents 
        are still unknown, is opening up a new era for world trade and, therefore, 
        for the development of every countries. Or it can be viewed as the equivalent 
        of evil, highlighting its potential negative effects.  The fact is that the process leading to the TPP has entered a new phase 
        which aims to be definitive, at least in the perspective of those who 
        promote it. On October 5, in Atlanta, the twelve countries participating 
        in the negotiations took a significant step towards the conclusion of 
        the Agreement. These countries are: Australia, Brunei, Canada, Chile, 
        United States, Malaysia, Mexico, Japan, New Zealand, Peru, Singapore and 
        Vietnam. It is estimated that South Korea and Taiwan could be the next 
        to follow suit.  The negotiations which led to the TPP started in 2010, based on the clause 
        of accession of the Trans-Pacific Economic Partnership Agreement-the Pacific 
        4 or P4-, that had been signed in 2006 by Chile, Brunei Darussalam, New 
        Zealand and Singapore (for the Pacific 4 full text go to https://www.aduana.cl/. 
        View the information from the Government of Chile on the background, contents 
        and scope of the P4, on http://www.sice.oas.org/ 
        and on http://www.direcon.gob.cl/). 
       But there is still a long way to go in order to reach the ultimate goal, 
        which is the entry into force of the agreement, and the factors that have 
        fueled uncertainty about the final outcome are still present. First, the phase of finalization of the text agreed in Atlanta must be 
        completed. This is a highly technical and legal step but easy to take, 
        at least from a political point of view. It is estimated that it will 
        be completed in a few weeks. When announcing the conclusion of the negotiation 
        stag, the Ministers of the twelve countries pointed out that "to 
        formalize the outcomes of the agreement, negotiators will continue technical 
        work to prepare a complete text for public release, including the legal 
        review, translation, and drafting and verification of the text". 
        Later on, they added: "we look forward to engaging with stakeholders 
        on the specific features of this agreement and undergoing the domestic 
        processes to put the agreement in place" (see https://ustr.gov/). Only after having concluded this technical and legal phase each country 
        may begin in-depth discussion on the contents of the agreement, which 
        will then be subject to final approval as per their corresponding constitutional 
        processes. Access to the text is important because we know that, as in 
        any international trade agreement, it will be in the fine print and in 
        the details where the real scope of what is agreed will be fully appreciated. 
        Giving an opinion on a trade agreement without having seen its full text 
        does not seem advisable. So far, there has not been much transparency regarding what has been 
        negotiated. This is the opinion of some representative institutions of 
        the civil society of the countries participating in the negotiations. 
        The only way through which those who are not part of the negotiations 
        could access information about the agreement, even in the case of some 
        of the most sensitive chapters, such as intellectual property and investment, 
        was WikiLeaks (see https://wikileaks.org/ 
        and https://wikileaks.org/). The issue of transparency carries more political weight in this final 
        stage of the process of approval of the agreement. This is so precisely 
        because there is a widespread notion that it is not a coincidence that 
        the most relevant texts are still unknown. On the contrary, it is believed 
        that this is due to business interests that want to avoid an open debate 
        on what should be agreed regarding several sensitive issues. Some sectors 
        in the larger countries and especially in the US are often held accountable 
        for the lack of transparency. It should be noted that the countries with 
        the most economic weight, the US and Japan, along with Australia and Canada, 
        account for a high percentage of the 40% of world output that is attributed 
        to all twelve countries together. This fact is relevant when trying to 
        convey through the media the global impact that the agreement would have. 
        Moreover, these are the countries with the greatest weight in each of 
        the main economic indicators of the area covered by the agreement, particularly 
        of those indicators used to highlight its importance and its impact on 
        world trade and the global economy. Being familiar with the contents of the TPP also becomes important due 
        to the fact that it seeks to go beyond what has been agreed in other multilateral 
        or regional free trade agreements, and especially of what has been agreed 
        within the framework of the WTO. Its WTO plus condition, along with the 
        fact that it aims to be functional to the development of value chains 
        of global scope, is precisely one of the main arguments being used to 
        explain and justify its existence. Moreover, the dominant story among the most enthusiastic promoters of 
        the TPP indicates that it is only a first step towards a new generation 
        of agreements, among which the following most important would be that 
        being negotiated between the US and the EU. And that this first step is 
        setting the standards for new-generation international commitments on 
        issues such as, among others, intellectual property, investment, regulatory 
        frameworks, government procurement, new technologies, environment and 
        working conditions, which would then be very difficult, if not impossible, 
        to avoid in future agreements (for a summary of the contents of the agreement, 
        see https://ustr.gov/). What would be at stake, then, is something that transcends the scope 
        of the international trading system per se. It would delve deep into the 
        geopolitical dimension of international trade relations. It would allow 
        us to see clearly who the rule-makers are in the international system. 
        But the redistribution of world power, which was made evident in recent 
        years, does not lead to imagine that those countries endowed with powerful 
        resources would passively accept being left out from the process of creating 
        rules that might affect them. The cases of China and India are just a 
        few examples to consider in this regard. And so far, both countries have 
        been marginalized from the TPP.  In any case, the conclusion of the negotiations of the TPP already has 
        an importance which transcends its member countries. Hence, the relevance 
        of noting that, following the announcement of October 5, the TPP is seen 
        as a credible possibility. As such, it cannot be ignored in the negotiations 
        and the strategy for international trade integration of any country that 
        aspires to compete with its goods, services and investments in global 
        markets (See the article by Simon Evenett listed as Recommended Reading). 
        This also applies in the case of Latin American countries. Three countries 
        of the region are full members of the TPP: Chile, Peru and Mexico. Others 
        countries aspire to be members in the future. In fact, the possibility 
        of joining the TPP has been mentioned in Brazil, in particular among business 
        sectors. Another issue is whether this would be a possibility in the perspective 
        of the TPP member countries.  Also, being perceived as a real possibility and not just a remote one, 
        the issue of the TPP has entered fully into the reality of the contemporary 
        debate on the future of the international trading system. It has done 
        so through the strategic, offensive or defensive, agendas of multiple 
        stakeholders, be they governments, businesses, political or social sectors. 
        This is clear in countries that are part of the TPP. But, it can also 
        be increasingly observed in other Latin American countries. The Brazilian 
        press has reflected the intensity of the impact that the announcement 
        of October 5 produced in the country. It is an impact that leads to the 
        perception that Brazil and its companies might be isolated if they fail 
        to adapt to the new reality of international trade. This reality is reflected 
        precisely by the TPP and the criteria that it would be setting regarding 
        the scope and quality of the rules associated with relevant aspects of 
        international trade. Being a credible possibility and being perceived as a new -although still 
        unclear- reality, the "TPP event" could lead to illusions in 
        international trade relations. These illusions could have positive and 
        negative effects. They would be positive if they eventually translate 
        into a willingness to reach constructive goals. They would be negative 
        if, on the contrary, they end up arousing passions that translate into 
        perceptions and discussions of an ideological nature. Perhaps the experience 
        gained in recent years with the FTAA negotiations can be useful in this 
        regard. The most emotional and ideological connotations of this experience 
        could even make a reappearance in relation to the TPP. Going forward, the main concern arises from a situation that is possible 
        to see today and that would result from the cumulative effects of two 
        opposing trends: on the one hand, the proliferation of mega-preferential 
        agreements, which in fact turn into a sort of network of private clubs 
        and, therefore, discriminatory against non-members; on the other hand, 
        the weakening and irrelevance of the multilateral WTO system. In this 
        sense, the results of the December Ministerial Conference of Nairobi take 
        on greater significance, in the light of the eventual enactment of the 
        TPP. These are two trends that, in their eventual contradiction, need 
        to be regarded in a perspective which goes beyond the limited economic 
        and international trade level. On the contrary, they require to be viewed, 
        both by analysts and by protagonists, in terms of their effects on the 
        exhaustion of the world order that emerged at the end of the Second World 
        War, and the attempts to replace it with a new global governance. In any case, it would seem advisable that the trend towards the proliferation 
        of mega preferential trade agreements, be they regional or interregional, 
        is inserted into the overall framework of a strengthened multilateral 
        trading system. This would involve a lot of political, business and intellectual 
        leadership in order to favor in the multiple fronts the idea of convergence 
        in diversity. It would involve reviewing the ground rules of the multilateral 
        system so as to specifically provide mechanisms that lead to convergence 
        in a context of pluralism. To this end, two key elements appear to be necessary. One is transparency 
        in the agreements to be negotiated, not only once they have been completed. 
        The other is that of an independent technical arbitration mechanism -a 
        kind of ombudsperson of the WTO- that helps assess the effects of possible 
        deviations and signal roadmaps leading to convergence.  |  
   
    | 
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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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