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    | THE CRISIS OF THE WORLD TRADE ORGANIZATIONThe challenges posed to Argentina and countries of the Latin American 
        region
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    | by Félix PeñaJanuary 2020
 
 English translation: Isabel Romero Carranza
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    |    | It is too early to be alarmed about the future of 
        the current multilateral system of international trade guided by rules 
        and, therefore, to conclude that the WTO "is dead". However, 
        it seems to be an appropriate time to become aware of the risks that exist 
        in this regard and to verify the need to act now.
       The Twelfth WTO Ministerial Conference will take place in Nursultán 
        (Kazakhstan) next June. It provides an opportunity to agree measures to 
        solve or mitigate the most negative effects of the current crisis in the 
        system of rules of the WTO. The difficulties observed are not limited 
        to the operation of the dispute resolution mechanism but include other 
        aspects that have a bearing on the effectiveness of the WTO in the current 
        international context. In the specific case of our country, the changes observed in the international 
        trade system, make it more necessary to join efforts with other countries 
        with converging interests in international trade relations and to coordinate 
        their stances on the different negotiating fronts, especially in that 
        of the WTO. Among the Latin American countries, those belonging to the 
        Mercosur and the Pacific Alliance are in a position of priority. This 
        should also be the case with other actors that, due to their relevance 
        and relative dimension, have more capacity and interest in promoting the 
        development of mega-networks of preferential trade agreements, such as 
        the case of the US, China and the EU, among others. In this perspective, the trends observed in the international trade 
        system make it more valuable for Argentina to actively participate in 
        the actions needed for the effective conclusion of the bi-regional agreement 
        between Mercosur, conceived as a single negotiating unit, and the EU. 
        Its importance transcends the bi-regional level. Due to the many possible 
        ramifications, it would have a profound impact on the design of the institutions 
        and ground rules of world trade that would help strengthen the current 
        global multilateral system of the WTO or, if necessary, replace it. |  
   
    |  In the current situation, it has become increasingly relevant to analyze 
        the effects that the current WTO crisis could have on international trade. 
        This crisis is the result of the paralysis in the functioning of the Appellate 
        Body of its dispute settlement mechanism. Taking into account that such 
        paralysis originates in the behavior of the United States, it can signal 
        an expression of the trend towards the increasing deterioration of the 
        rules and institutions that are relevant for the permanence of a reasonable 
        order in international commercial relations (on this topic, see the February 
        2019 edition of this newsletter on www.felixpena.com.ar). It is too early to be alarmed about the future of the current rule-oriented 
        international trade system and, therefore, to conclude that the WTO is 
        "dead" However, it seems to be an appropriate time to become 
        aware of the risks that exist in this regard and even to verify the need 
        to act now.  It should be interpreted that this has been the meaning of what its WTO 
        Director General, Roberto Azêvedo, pointed out in a message 
        published on January 1st (see https://www.wto.org/). 
        With the prudence that his position demands of him, he reflects on the 
        achievements and challenges that the multilateral world trade system faces 
        today.  Firstly, he states that its member countries recognize that the institution 
        constitutes "a public good that is worth preserving and strengthening" 
        and that "the WTO has contributed to making market conditions predictable". 
        He points out that such predictability, combined with the improvement 
        in communications, has made possible the development of global value chains. 
        He adds that "having the assurance that they can move components 
        and related services between different locations, companies have been 
        able to distribute the production of manufactured products between different 
        countries and regions." Later on, he provides a central piece of 
        information to understand the relevance of the institutional order in 
        international trade: "the trade that takes place within these value 
        chains represents almost 70% of the world's merchandise trade." It 
        can be argued that it would have been difficult to reach this percentage 
        if a system of rules, such as the one developed since the creation of 
        the GATT and then the WTO, had not existed. Referring to the dispute resolution mechanism, Azêvedo adds that 
        it is true that "we suffered a setback at the end of 2019". 
        But he points out that consultations are being held in order to detect 
        possible solutions, including options that allow "to keep a two-stage 
        dispute settlement in operation while seeking a permanent solution." 
       The Twelfth WTO Ministerial Conference will take place in Nursultán 
        (Kazakhstan) next June. It provides an opportunity to agree measures to 
        solve or, at the very least, mitigate the effects of the current crisis 
        in the WTO system of rules. The difficulties observed are not limited 
        only to the operation of the dispute settlement mechanism but include 
        other aspects that have a bearing on the effectiveness of the WTO in the 
        current international context.  These difficulties arise from the profound changes that have taken place 
        in the international system since the creation of the GATT, even since 
        the WTO replaced it. Such changes are especially reflected in the fact 
        that the world is more populated today, in terms of the number of countries 
        and the size of their populations and more connected, both physically 
        and culturally. In addition, both countries and protagonists of world 
        trade, such as companies and consumers, currently have multiple options 
        when deciding with whom to interact.  In a scenario of relative deterioration of the degree of predictability 
        necessary to compete in other markets, it becomes increasingly important 
        to have a proper diagnosis of the factors that influence competition for 
        power and world markets and of what is necessary to obtain in the relations 
        with other countries. Above all, it is important to be clear about the 
        relevance that each country has for the others.  This implies getting quality information that helps develop an international 
        insertion strategy based on all the factors that affect relations with 
        other countries. Such a strategy can only be achieved through the coordinated 
        action of the main actors involved in the international relations of any 
        given country.  From an Argentine perspective, this means coordinating visions and interests 
        in the national government and in that of each one of the provinces, as 
        well as among the business and social actors that most affect the external 
        relations of the country. Moreover, it also implies having a realistic 
        assessment of the value of the country for the protagonists of the other 
        countries with which it interacts. In any case, the changes observed in the international trade system, 
        make it even more necessary to coordinate and join efforts with other 
        countries with which there are convergent interests in international trade 
        relations and, therefore, bring together their positions in the different 
        negotiating fronts, especially in the WTO.  In this regard, among the Latin American countries, those belonging to 
        the Mercosur and the Pacific Alliance have a position of priority. This 
        should also be the case of other actors that, due to their relevance and 
        relative dimension, have more capacity and interest in promoting the development 
        of mega-networks of preferential trade agreements, such as the case of 
        the US, China and the EU, among others. In this perspective, the trends observed in the international trade system 
        make it more valuable for Argentina to actively participate in the actions 
        needed for the effective conclusion of the bi-regional agreement between 
        Mercosur, conceived as a single negotiating unit, and the EU.  The importance of this agreement transcends the bi-regional level and, 
        due to its many possible ramifications, it would have a profound impact 
        on the design of the institutions and ground rules of world trade which 
        would help strengthen the global multilateral system of the WTO or, if 
        necessary, replace it (on the Mercosur-EU agreement, see the July 
        2019 and September 
        2019 issues of this newsletter). |  
   
    | 
         Akbarzadeh, Shahram; Bexter, Kylie, "Middle Politics and International 
          Relations. Crisis Zone", Routledge, London - New York 2018.
 Arana, Marie, Bolivar. The Epic Life of the Man who Liberated South 
          America", Phoenix, London 2014. 
 Barr, James, "A Line in the Sand. The Anglo French Struggle 
          for the Middle East, 1914-1948"W.W.Norton and Company, New York 
          - London 2012.
 Barr, James, "Lords of the Desert. The Battle Between the United 
          States and Great Britain for Supremacy in the Modern Middle East", 
          Basic Books, New York 2018.
 Blustein Paul, "Schism. China, America and the Fracturing of 
          the Global Trading System", Center for International Governance 
          Innovation, Ontario 2019.
 Caramuru de Paiva; Lins, Clarissa; Ferreira, Guilherme; "Brasil-China. 
          O Estado da Relacâo, Belt and Road, e licôes para o futuro", 
          CEBRI, September 2019.
 CEPAL; "Boletín de comercio exterior del Mercosur. El 
          rol del Mercosur en la integración regional", CEPAL, Santiago 
          de Chile 2018.
 CEPAL, "Perspectivas del Comercio Internacional de América 
          Latina y el Caribe. El adverso contexto mundial profundiza el rezago 
          de la región-2019", CEPAL, Santiago de Chile 2019. 
 Hochberg, Fred P., "Trade is not a four letter word. How six 
          everyday products make the case for trade", Avid Reader Press, 
          New York 2020.
 Nogues, Julio, "Brexit Trade Impacts and Mercosur's Negotiations 
          with Europe", Journal of World Trade, Volume 53, Issue 3, June 
          2019.
 Lévy, Bernard-Henry, "The Empire and the Five Kings. 
          America's Abdication and the Fate of the World", Henry Holt and 
          Company, New York 2019.
 Lindner, Franco, "Fernández & Fernández. Historia 
          secreta de una relación peligrosa", Planeta, Buenos Aires 
          2019.
 Lockwood, Matthew, "To Begin the World Again. How the American 
          Revolution Devastated the Globe", Yale University Press, New Haven 
          - London, 2019.
 O'Donnell, Pacho, "Artigas. La Versión Popular de la 
          Revolución de Mayo", Aguilar, Buenos Aires 2011. 
 Rogan, Eugene, "The Fall of the Ottomans. The Great War in the 
          Middle East", Basic Books, New York 2015.
 Sarli, Waldemar, "Artigas. La Argentina que no fue", Guid 
          Publicaciones, Barcelona, 2015.
 Tremolada Álvarez, Eric (editor), "Gobernanza, cooperación 
          internacional y valores democráticos comunes", IUS COGENS, 
          Derecho Internacional e Integración, Universidad Externado de 
          Colombia, Bogotá 2019.
 Wajner, Fabián Daniel; Labadie, Jimena, "Las negociaciones 
          entre el Mercosur y la Unión Europea: hacia un Acuerdo de Asociación", 
          Universidad ORT Uruguay, Facultad de Administración y Ciencias 
          Sociales, Montevideo 2009.
 World Trade Organization, "World Trade Review - 2019", 
          WTO, Geneva 2019. |  
   
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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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