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    | MEGA-TRANSREGIONAL NETWORKS OF COMMERCIAL PREFERENCES Their impact on the global international trading system
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    | by Félix PeñaNovember 2019
 
 English translation: Isabel Romero Carranza
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    |    | In recent years, we have observed a trend to promote 
        mega-networks of commercial preferences of trans-regional scope that, 
        if successful, could have a greater impact, that could be positive but 
        also negative, on the effectiveness of the WTO as the main global institutional 
        framework for international trade. Mega-trade agreements, with their own 
        content and modalities, can include both developed and developing countries 
        from different regions. Some of them may even have simultaneous participation 
        in several agreements.  
       These networks are usually promoted by some of the greater powers 
        of world trade (the US, China and the EU). This means that they can have 
        a more concrete impact due to the size of their populations and their 
        economies, both in terms of percentages of world trade of goods and services, 
        of global gross product and of transnational investments, among others. One example of this trend is the creation of the RCEP, promoted by 
        China. Its negotiations began in 2012 and the final terms of the agreement 
        were concluded in Bangkok, on November 4. The signing of the agreement 
        is due to happen next year. It includes sixteen countries in the Asia 
        Pacific region and India could eventually form part of it. However, the 
        text of the agreement is not yet known. It could, for example, include 
        a provision such as that of article 4 chapter 30 of the TPP. If the agreement between Mercosur and the EU were to enter into force, 
        as announced on June 28, it would mean a step forward in the creation 
        of another mega-network of preferential trade agreements of trans-regional 
        scope. It would be the result of various modalities of possible interplay 
        between the commitments included in the bi-regional agreement and others 
        with which they could be connected. Such could be the case, for example, 
        of the link with the preferential trade agreements concluded by the EU 
        with the countries of the Pacific Alliance. Without necessarily being 
        identical, they could have an impact on the future development of bi-regional 
        networks of productive investment and reciprocal trade between a wide 
        variety of countries. Among other factors, the provisions referring to 
        the accumulation of origin, included in the agreements, would need careful 
        analysis by those operating within the scope of the network of preferential 
        agreements.  |  
   
    |  The treaty that created the International Trade Organization (ITO) in 
        1947 was not ratified by the countries that signed it. Instead, the General 
        Agreement on Tariffs and Trade (GATT), which in fact became the first 
        global international trade agreement, was put into effect. In 1994, the 
        GATT was incorporated into the Marrakesh agreement whereby the World Trade 
        Organization (WTO) was created.  Since the Fourth Ministerial Conference of the WTO held in Doha (Qatar) 
        in November 2001, efforts have been made -however unsuccessful- to broaden 
        the scope of the commitments made in terms of development, especially 
        in relation to agriculture. The Doha Development Round has since sought 
        to renew the multilateral trading system. So far, this objective has not 
        been fully achieved.   We can therefore say that the WTO is going through a crisis that questions 
        its current and future effectiveness. Among other factors, the potential 
        paralysis of the dispute resolution system, as a result of the questioning 
        from the United States, has contributed to deteriorate its effectiveness 
        and its credibility as the main institution of global international trade. 
       Moreover, there has been a growing trend in recent years to promote new 
        mega- agreements of trans-regional scope that, if successful, would have 
        a greater negative -but eventually positive- impact on the effectiveness 
        of the role of the WTO as the main global institutional framework for 
        international trade.  Such mega-agreements have a trans-regional scope and can include numerous 
        countries, both developed and developing, some of which have simultaneous 
        participation in several agreements.  They are usually promoted by the greater powers of global international 
        trade (the US, China and the EU). These are the countries that can have 
        the most impact, due to the size of their populations and their economies, 
        in terms of percentages of world trade of goods and services, of global 
        gross product and of transnational investments, among others  This trend was first expressed in the attempt to create what was called 
        the Trans-Pacific Partnership (TPP) that was promoted by the US. The agreement 
        was signed in February 2016. After the withdrawal of the US, the agreement 
        became the Comprehensive and Progressive Agreement for Trans-Pacific Partnership 
        (CPA-TPP), with eleven member countries. The second example of this trend was made manifest in the Regional Comprehensive 
        Economic Partnership (RCEP), which has been promoted by China and which 
        we will describe below. The third case of this trend involves the networks of trans-regional 
        trade agreements promoted by the European Union (EU), which would be reflected 
        in the agreements with Japan and Canada, and with Mercosur, among others.
 On November 4, the negotiations to finalize the concluded in Bangkok within 
        the scope of the Thirty-Fifth ASEAN Summit. Negotiations began in 2012 
        and the final agreement is scheduled to be signed next year.
 The RCEP includes fifteen countries (China, Japan, South Korea, Australia, 
        New Zealand, and those that make up the ASEAN: Indonesia, Thailand, Singapore, 
        Malaysia, the Philippines, Vietnam, Myanmar, Cambodia, Laos and Brunei). 
        Still pending is the incorporation of India, that also participated in 
        the negotiations that culminated in Bangkok. (On the topic of the RCEP, 
        see the analysis by Alicia González, "The battle is being 
        fought in Asia-Pacific", in "El País" newspaper 
        of November 5, 2019 and the ASEAN website https://asean.org/rcep-leaders-agree-sign-trade-pact-2020/. 
        For other interesting articles on the RCEP and the withdrawal of India, 
        see https://en.wikipedia.org//; 
        https://www.scmp.com/; 
        https://www.indiatoday.in/; 
        https://www.business-standard.com/; 
        https://www.bangkokpost.com/). If India were finally included, the RCEP would represent a population 
        of 3.4 billion people (47% of the world's population, 32% of world GDP, 
        29% of world trade and 32% of global investment). The agreement contains twenty chapters, including among others those 
        related to trade in goods, services, investments, economic and technical 
        cooperation, intellectual property, competition, dispute resolution, electronic 
        trade, and small and medium-sized businesses.  At the same time, if the agreement between Mercosur and the EU entered 
        into force, as announced on June 28, it would mean a step forward in the 
        formation of a new mega-network of preferential trade agreements of trans-regional 
        scope. (On the topic of the Mercosur-EU agreement, see 
        the July and September 
        2019 editions of this newsletter on http://www.felixpena.com.ar/). 
       Such mega-network would be the result of the several forms of connections 
        between the commitments included in the different agreements concluded 
        by the EU, for example with the countries of the Pacific Alliance, which 
        without necessarily being identical could have an impact on the future 
        development of productive investment and reciprocal trade networks between 
        a wide variety of Latin American countries. In this regard and among other 
        factors, the provisions referring to the accumulation of origin would 
        need to be carefully analyzed by those who operate within the scope of 
        the corresponding network of preferential mega-agreements. |  
   
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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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