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    | A TIME FOR DIAGNOSIS, RENEWAL AND COORDINATIONThe negotiating agenda of global trade and regional integration.
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    | by Félix PeñaJune 2019
 
 English translation: Isabel Romero Carranza
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    |    | During the second semester of 2019, the institutional 
        fronts that stand out in the agenda of international trade negotiations 
        and economic integration of Argentina and its Mercosur partners are that 
        of the WTO at global level; that of Mercosur at regional level; and that 
        of the Mercosur-EU agreement at the bi-regional level. This, without overlooking 
        other negotiations in which they are also participating or that are beginning 
        to develop, and which have different degrees of political and economic 
        relevance.
       The mentioned agenda of negotiations takes place in a complex and 
        uncertain international context. Among other factors, the characteristics 
        of the negotiations derive from the effects of the new configuration in 
        the distribution of world power; the greater connectivity that technological 
        change is generating between countries, companies and consumers-sometimes 
        with multiple options for the development of their international strategies-and 
        the proliferation of different types and degrees of ethnic, ideological, 
        emotional and even religious fracture.  Three main qualities are required of any country that aspires to negotiate 
        and to develop an efficient and intelligent insertion in the global international 
        system and in its own region. The first requirement is to have an accurate 
        diagnosis of the factors that are influencing the current changes in the 
        structure and functioning of the international system. It is a diagnosis 
        that requires continuous updating and a view from the perspective of each 
        country. The second is to have concrete proposals on how to renew and 
        adapt the respective institutional, global or regional spaces to the new 
        world realities. Finally, the third is to provide practical ideas that 
        have the potential to be effective, in order to achieve the coordination 
        of the different national interests, both at global and regional institutional 
        level.  The world has entered a phase of "polygamous" international 
        relations, in which the protagonists try to develop multiple alliances, 
        simultaneous and non-exclusive, and even contradictory with each other. 
        It is a phase in which the paradigms, concepts and theoretical approaches 
        from the past are becoming obsolete. |  
   
    |  AIn the second semester of 2019, in the agenda of international trade 
        and economic integration negotiations of Argentina and the Mercosur partners, 
        those corresponding to the following institutional fronts stand out: that 
        of the WTO at global level; that of Mercosur, at regional level; and that 
        of the Mercosur-EU agreement, at the bi-regional level (see our article 
        "Integration 
        agreements in uncertain times", published in the Foreign Trade 
        Supplement of La Nación newspaper on June 13, 2019, on https://www.lanacion.com.ar/; 
        on the topic of the Mercosur, see the January 
        2019 edition of this newsletter on http://www.felixpena.com.ar/). 
        This without overlooking other ongoing negotiations or that are beginning 
        to develop, and which have different degrees of political and economic 
        relevance.  The development of such agenda highlights the importance that the so-called 
        Group of 8, or MAP Group, has for our country and the Mercosur partners 
        as an ambit for trade negotiations, regional integration and agreement 
        between the countries of the Pacific Alliance and the Mercosur, especially 
        for their joint action at the global level (WTO) and in the Latin American 
        regional environment (ALADI). (In this regard, see the May 
        2019 edition of this newsletter on http://www.felixpena.com.ar/, and 
        our article published in "El Mercurio de Valparaíso" 
        newspaper, on June 3, 2019). The current one is a negotiation agenda to be developed in an increasingly 
        complex and uncertain international context. Among other factors, its 
        characteristics derive from the effects of the new configuration in the 
        distribution of world power; of the greater connectivity that technological 
        change is generating between countries, companies and consumers-which 
        in many cases have multiple options for the development of their international 
        strategies-and of the proliferation of different types and degrees of 
        ethnic, ideological, emotional and even religious fractures. As pointed out by experts in international politics, we have entered 
        a phase of "polygamous" international relations in which the 
        protagonists can choose to develop a strategy of various multiple alliances, 
        simultaneous and non-exclusive, and in which the paradigms, concepts and 
        theoretical approaches from the past are becoming obsolete.  In the case of economic integration agreements, especially if their founding 
        legal instruments specify the permanence over time, it will be necessary 
        for the different actors to state the reasons why a sovereign country 
        chooses to associate permanently with another country or group of countries, 
        especially the bordering ones (the existential dimension) and how such 
        an association can actually be developed (the methodological dimension). 
       The changes that are currently being observed lead us to affirm that 
        imagining the idea of economic integration between sovereign nations in 
        similar terms to those that prevailed in other times would not be convenient 
        or advisable. In this perspective, a dogmatic view of what should be, 
        for example, a free trade zone or a customs union seems dated. This vision 
        prevailed in the industrialized world until very recently, for example, 
        in relation to the interpretation of Article XXIV of the GATT-WTO. It 
        has conditioned -and would continue to do so-the protracted negotiation 
        to conclude the bi-regional agreement between the EU and the Mercosur. 
        In fact, perhaps it has been a determining factor in the difficulties 
        that have been experienced to institutionalize the apparent intention 
        to conclude this agreement. What would be emerging would seem to be a phase of multiple alliances, 
        simultaneous and flexible, of great dynamism in their development. It 
        is a phase in which the development of "de facto solidarities", 
        resulting from the linkage of economic policies and productive investment 
        decisions based on the effectiveness of common rules, becomes more important. 
        As Jean Monnet pointed out at the founding moments of the European integration, 
        thus are generated sustainable collective disciplines among the associated 
        countries. But it is also a phase in which any given country, irrespective of its 
        size, may have difficulties to navigate effectively in the global and 
        regional environment, in order to achieve its vision and objectives, if 
        it lacks a correct diagnosis of its capacity and its real possibilities 
        in the competition for power and international markets.  Three qualities are then required of any country that aspires to develop 
        an efficient and intelligent insertion in the global international system 
        and in its own region. The first is to have a good diagnosis of the factors 
        that are affecting the current changes in the structure and functioning 
        of the international system. It is a diagnosis that requires continuous 
        updating from the perspective of each country. The second is to have concrete 
        and acceptable proposals on how the institutional, global or regional 
        spaces in which a country operates can be renewed and adapted to the new 
        realities. And the third, is to provide practical ideas that have the 
        potential to be effective in order to achieve the coordination of national 
        interests at global and regional institutional level.  From the global agenda of this second semester, the issue of the reforms 
        of the multilateral system of international trade, institutionalized in 
        the WTO, should be noted for its importance for the Latin American countries 
        (see the February 
        2019 edition of this newsletter on http://www.felixpena.com.ar/). 
        Among other relevant issues that are also being debated between the member 
        countries, the strengthening of the dispute settlement mechanism stands 
        out due to its immediacy and practical relevance. Specifically, in practice, 
        it prevents the appointment of new members to the appellate body, which 
        is in fact blocked and that, should the current situation continue, would 
        be paralyzed by the end of this year. What is really at stake is the functioning of a mechanism whose practical 
        effect is the preservation of a multilateral trading system guided by 
        common rules (see the article by Carlos López mentioned as recommended 
        reading: "WTO Reform and the Rule of Law ", on http://opiniojuris.org/). 
        The existing dispute settlement mechanism ensures that the common rules 
        are not exposed to the discretion of the countries with greater relative 
        power. This function is essential to preserve the validity of the main 
        contribution that derives from the current multilateral trading system 
        since the creation of the GATT, which is the "principle of non-discrimination". The Latin American countries -including Argentina, the Mercosur countries 
        and those of the Pacific Alliance-would have much to lose if they fail 
        to preserve the functioning of a mechanism that guarantees the effective 
        predominance of the rules agreed in the multilateral system of trade. 
        Hence the importance of the countries of the region playing an active 
        and assertive role in the harmonization of interests among the member 
        countries of the WTO, in order to achieve reasonable and balanced solutions 
        to the issue of the dispute settlement mechanism, which is a central aspect 
        of the broader issue of the reforms that are needed to make the WTO more 
        effective. |  
   
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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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