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    | THE GROUND RULES OF INTERNATIONAL TRADEThe importance of the WTO and the regional agreements each country participates 
        in
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    | by Félix PeñaJune 2020
 
 English translation: Isabel Romero Carranza
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    |    | The most recent reflections by Fernando Henrique Cardoso 
        lead us to wonder about the contributions that our region can effectively 
        make to a new post-pandemic international order. The idea of recreating 
        an international order based on more participatory and, therefore, effective 
        governance is one of the core aspects of a necessary global agenda that 
        will have to be built with the active participation of Latin American 
        countries. 
       On this opportunity, we will focus on two issues that are relevant 
        for the construction of an agenda that leads to a post-pandemic world 
        order and in which the Latin American region, if it has the resolve, may 
        have some impact. Our region has accumulated experiences -positive and 
        otherwise- with regards to these issues and, therefore, aside from having 
        specific interests to promote, it can make relevant contributions. The first issue refers to the necessary preservation of a multilateral 
        system of international trade, which helps overcome the shortcomings that 
        have been evinced in the ability of the WTO to play an effective role. 
         The second matter is related to the role of legal rules that ensure 
        the effectiveness and thus the efficacy of regional agreements that provide 
        the framework to make economic integration processes predictable, particularly 
        those that pursue more ambitious objectives such as the case of Mercosur. 
        A thorough knowledge and understanding of the role of such rules is today 
        an important factor for competing and negotiating in the world.  Both issues will demand innovations in the institutional frameworks 
        and in the ground rules that might be affected. In this perspective, the 
        multilateral system of world trade now reflected in the WTO and the networks 
        of regional and interregional agreements for preferential trade and economic 
        integration, in which our country and other Latin American and Mercosur 
        countries participate, become ever more relevant. |  
   
    |  In a recent interview to Fernando Henrique Cardoso by Hugo Alconada 
        Mon and published in "La Nación" newspaper, about the 
        effects of the COVID-19 pandemic in our countries and in the world, the 
        prominent Brazilian statesman, argued that "the moment has come to 
        realize that this pandemic affects the entire planet and that the problems 
        that are coming will do likewise. What kind of governance can be offered 
        to a world that is in such bad shape due to the pandemic? This will change 
        the balance of power ... whether we like it or not, there will be an open 
        confrontation between China and the United States. Let's hope that it 
        remains a peaceful one and that it is possible to recreate a more participatory 
        international order that includes countries such as ours, with the main 
        goal of preserving peace." (See the reference to the interview under 
        Recommended Reading).  In particular, what can be inferred from the words of former President 
        Cardoso is that the global and regional problems we face require modalities 
        of governance that, in order to be effective, must be participatory. Moreover, 
        these problems could eventually lead to situations that affect regional 
        or world peace.  The reflections by Fernando Henrique Cardoso, prompt us to ask ourselves 
        about the contributions that our region can effectively make to the design 
        and implementation of a new international post-pandemic order, both globally 
        and in the Latin American region. We are all aware that it will take time 
        and that it will not be an easy task. However, it is also possible to 
        imagine what would be the consequences of a failure to reach this goal. 
       Thus, we must recognize that the idea of recreating an international 
        order, based on more participatory and supportive governance, is one of 
        the core concepts of that necessary global agenda that will need to be 
        devised. This task will call for effective leadership in all countries, 
        especially those with the greatest capacity to influence the construction 
        of the agreements that will be required.  On this opportunity, we will focus only on two issues that are relevant 
        for the construction of an agenda that leads to a post-pandemic world 
        order and in which the Latin American region, if it has the resolve, may 
        have some impact. They are certainly not the only areas of concern, but 
        our region has accumulated experiences -positive and otherwise- with regards 
        to them and, therefore, aside from having specific interests to promote, 
        it can make relevant contributions. The first of these issues refers to the necessary preservation of a multilateral 
        international trade system, which helps overcome the shortcomings that 
        have been evinced in the ability of the WTO to continue playing an effective 
        role. The second issue is related to the role of the legal rules to ensure 
        the effectiveness and, therefore, the efficacy of regional agreements 
        that provide the framework to make economic integration processes predictable, 
        particularly those that pursue more ambitious objectives, such as the 
        case of Mercosur.  A third matter, which we will not discuss today for reasons of space, 
        refers to the future impacts for the economic development of Latin American 
        countries, of regional productive integration based on greater physical 
        connectivity that facilitates the effectiveness of supply chains of regional 
        scope with interregional and, eventually, global projection. The two issues we will refer to, require innovations in the conception 
        of institutions and ground rules that may affect them. In this perspective, 
        a multilateral system of world trade, now reflected in the WTO, and the 
        networks of regional and interregional agreements for preferential trade 
        and economic integration, especially Mercosur and the Pacific Alliance, 
        become more relevant.  The issue of the WTO has become quite current as a result of the resignation 
        of Roberto de Azevedo, its Director General, which will become effective 
        as of next August, one year before the end of his term. His early removal 
        comes at a time when both international trade and the WTO itself are facing 
        serious problems. The position of the current US government, especially 
        with regard to its dispute settlement system, is one of the factors that 
        is causing the gradual deterioration of the effectiveness of the main 
        institution of the multilateral trading system. However, it is certainly 
        not the only reason.  A certain consensus is building up in the direction that the WTO would 
        require a regulatory and institutional redesign if it wants to become 
        more effective. For this reason, the selection of who will be appointed 
        at the General Directorate becomes one of the most relevant issues of 
        global governance. Some names would appear to be moving forward, such 
        as Arancha González (currently responsible for Spain's Foreign 
        Relations, former Director of the International Trade Center, and who 
        previously had advisory and management responsibilities at the WTO, together 
        with Pascal Lamy, and before that in the European Commission). She is 
        very competent and has a thorough knowledge of Latin America. A group of Latin American specialists in international trade, with outstanding 
        academic performance and much practical experience -at government level, 
        in international organizations and even in business- in their respective 
        countries, has recently published a paper, promoted by the Punta del Este 
        Group, with visions and ideas aimed at strengthening the WTO, (on the 
        Punta del Este Group, see its website at www.grupopuntadeleste.com). 
       The matter of the role of legal rules to ensure the effectiveness and 
        efficacy of a regional agreement, as is the case of Mercosur, has become 
        more relevant in recent times, given the ongoing debate on the scope of 
        the commitments assumed by the member countries at the moment of founding, 
        especially in the Treaty of Asunción and in the Ouro Preto Protocol. 
        The bi-regional agreement that has been negotiated with the EU underscores 
        the importance of this legal and institutional issue of clear political 
        and economic implications.
 We have addressed this issue on various occasions (see, among others, 
        the February and March 2020 editions of this newsletter). In particular, 
        we have done so from the perspective of the necessary interaction that 
        the political, economic and legal dimensions have in a process of integration 
        of the characteristics of Mercosur. (See, among other things, the August 
        2019 edition of this newsletter at www.felixpena.com.ar).
 This is a debate that has been enriched as a result of the contribution 
        of a very recent report that has been developed and published by the Confederation 
        of Industries of Brazil (CNI), together with some of the main state industrial 
        organizations, under the title "Legal Impacts of Brazil's withdrawal 
        from Mercosur", (for the 77 page-long text which includes very detailed 
        and precise information, you may visit www.portaldaindustria.com.br/). 
        The report originated from the fact that, as indicated in its presentation, 
        the hypothesis of an eventual withdrawal from Mercosur has been raised 
        in government agencies in Brazil. Given that the report was published at the end of May of 2020, we prefer 
        to leave the more detailed analysis of its contents for a later date. 
        It is easy to imagine that it will spark the preparation of similar reports 
        on the topic by business institutions around Mercosur and, most especially, 
        in Argentina.  |  
   
    | 
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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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