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    | MERCOSUR'S INTERNATIONAL AGENDA Global and regional challenges in the aftermath of the pandemic
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    | by Félix PeñaMarch 2021
 
 English translation: Isabel Romero Carranza
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    |    | The agenda of Mercosur's international trade negotiations 
        results from the issues that affect the relations between the member countries 
        and the countries of the international system. These include those that 
        are channeled through the international organizations that have a greater 
        impact on the priorities of the integration process, such as the World 
        Trade Organization.
       There are three issues that seem to be the most relevant in Mercosur's 
        2021 agenda and, therefore, in the agendas of its member countries. These 
        issues are relevant because of their simultaneous impact on the political, 
        economic and legal dimensions that seem to be essential to understand 
        Mercosur's development. The first issue to be addressed relates to the idea of providing Mercosur 
        with greater flexibility to face trade negotiations with other countries 
        or groups of countries, through multiple forms of cooperation agreements. 
         The second issue is the participation of Mercosur countries in initiatives 
        aimed at making the multilateral trade system, currently institutionalized 
        in the WTO, more effective.  The third issue refers to the links established with other regions 
        organized through different types of integration and economic cooperation 
        agreements, such as the EU and inter-regional agreements in Asia, among 
        others. The intense agenda of international trade negotiations, both in Mercosur 
        and in the Latin American region, makes it more necessary than ever to 
        ensure the active participation of academic institutions in the process 
        of analysis and action-oriented ideas. Thinking of concrete approaches 
        and proposals that facilitate the projection to the world of the existing 
        capabilities in the Latin American region will be an important factor 
        in the future for the development of successful and effective strategies 
        for the international trade insertion of the countries of the region. |  
   
    |  In this opportunity, we will seek to expand on some of the ideas that 
        were presented in the January edition of this newsletter, which focused 
        on the concept of "Us and the World".
 We will concentrate on what may be, in our opinion, the most relevant 
        issues related to the agenda of Mercosur's international trade negotiations. 
        In fact, these issues are closely related to the uncertainty that has 
        emerged in the international system as a consequence of the coronavirus 
        pandemic but, above all, to the effects of the changing dynamics of contemporary 
        international relations. Such changes are increasingly revealing their 
        impact on power relations, both political and economic, between nations 
        and, in particular, between those that can be considered the main actors 
        in the international system, in terms of their relative power.
 
 The agenda of Mercosur's international trade negotiations is the result 
        of some of the main issues that affect the relations between its member 
        countries and the countries of the international system, including those 
        that are channeled through the international organizations that have a 
        greater impact on the priorities of the integration process, such as, 
        among others, the World Trade Organization.
 There are three issues that seem to be among the most relevant for Mercosur's 
        2021 agenda and, therefore, for the agenda of each of its member countries. 
        These issues are relevant because of their simultaneous impact on the 
        political, economic and legal dimensions that we consider essential to 
        understand Mercosur's development. As we have pointed out in other opportunities, 
        these are dimensions that, from the founding stage, have been key to interpreting 
        the logic of the behavior of its member countries (and even of countries 
        that chose not to formally join Mercosur, as is the case of Chile). Addressing 
        an integration process such as that of Mercosur from only one of these 
        three perspectives involves the risk of not being able to correctly interpret 
        realities and, therefore, of formulating erroneous diagnoses about them. 
        This means running the additional risk of not understanding the realities 
        at all and, above all, of not being able to identify actions that may 
        be aimed at having an impact on them. In other words, the risk that whatever 
        is finally decided ends up being ineffective and inefficient.
 A first issue to be addressed is the idea of providing Mercosur with greater 
        flexibility to face trade negotiations with other countries or groups 
        of countries, through multiple types of cooperation agreements.
 
 The second issue is the participation of Mercosur countries in actions 
        aimed at making the multilateral trade system, currently institutionalized 
        in the WTO, more effective.
 
 And the third issue is that of the links to be established with other 
        regions organized through different types of integration and economic 
        cooperation agreements, such as, among others, the EU and the regional 
        agreements in Asia; the recently created Regional Comprehensive Economic 
        Partnership - RCEP (refer to the December 2020 issue of this newsletter), 
        or in Africa, the possible developments of the African Union agreement, 
        which brings together 55 African countries and contemplates the articulation 
        of their regional economic communities. (See the "African Union Handbook", 
        Addi Ababa - Ethiopia and Wellington, New Zealand, 2019).
 
 The first issue is aimed at addressing what is implied by the often heard 
        expression that "Mercosur binds us". In other words, that being 
        a member of Mercosur, a country faces restrictions in its possibility 
        of developing and concluding individual trade negotiations with one or 
        more other countries. This explains the recurrent proposals aimed at making 
        Mercosur more flexible by opening the horizon for possible trade negotiations 
        that do not require the participation of all its member countries. This 
        restriction is due mainly to the fact that Mercosur has opted for the 
        formula of a customs union instead of a free trade zone.
 
 However, as we have already pointed out in other opportunities, such restriction 
        does not derive from Decision 32-00 of the Mercosur Council of the year 
        2000, as it has often been stated. On the contrary, it derives from different 
        elements included in the Treaty of Asuncion itself, referring to the objective 
        of "building a Common Market"and, especially, from its second 
        article, which stipulates that "the Common Market shall be based 
        on the reciprocity of rights and obligations among the Party States". 
        This rule was probably not an accident. Perhaps it had much to do with 
        a central concern for the political leadership of that time -especially 
        in Argentina and Brazil -which was the possibility that one of the Mercosur 
        members would later opt for a preferential trade alliance with the United 
        States, whose government had just formally launched, in 1989, the idea 
        of a vast free trade zone of the Americas, which could even be built through 
        the individual incorporation of interested countries. Precisely because 
        Chile did not join Mercosur, it was able to sign a free trade agreement 
        with the United States.
 
 If this interpretation is correct -and this is at least our understanding- 
        making Mercosur more flexible in order to allow member countries to individually 
        conclude preferential trade agreements with third countries or groups 
        of countries would require modifying the Treaty of Asuncion, and especially 
        its first, second and fifth articles. If this were not seen as convenient 
        or possible, another option would be for the country or countries interested 
        in such a gain in flexibility to withdraw from Mercosur. We could call 
        this the "Brexit" option. And a third option would be to resort 
        to article 47 of the Ouro Preto Protocol and convene a diplomatic conference 
        that could review the institutional structure of Mercosur with regards 
        to the competences to make the assumed commitments more flexible. (On 
        this topic, see our article in the Foreign 
        Trade Supplement of "La Nación" newspaper of May 14, 
        2020).
 
 The second issue refers to Mercosur and the multilateral system of international 
        trade institutionalized in the WTO. The appointment, on February 15, of 
        Ngozi Okonjo Iweala as Director General of the WTO has resolved one of 
        the factors that generated uncertainty about the future effectiveness 
        of the main institution of the international trading system. (See her 
        profile and background at www.wto.org). Her broad and rich governmental 
        experience in her own country, Nigeria, and at the international level, 
        especially at the World Bank, and more recently as Chairman of the Board 
        of Gavi -the Vaccine Alliance- may allow us to anticipate a period characterized 
        by the effectiveness of her management at the helm of the WTO.
 
 The WTO has therefore entered a stage where it will try to activate its 
        role in relation to a system of trade negotiations that will require a 
        great deal of effort to overcome the relative paralysis that has characterized 
        it in recent years.
 
 Two work fronts, among others, stand out in the WTO's current agenda. 
        On the one hand, its role in promoting multilateral trade negotiations, 
        which was partly affected by the Doha Round experience. On the other, 
        and no less important, is to restore the effectiveness of its dispute 
        settlement mechanism, which was impacted by, among other factors, the 
        position taken by the administration of President Donald Trump, which 
        led to a stage of relative stagnation that has not yet been overcome.
 
 The Latin American countries, first members of GATT and now of the WTO, 
        have always sought to play an active role by frequently promoting initiatives. 
        Activating such protagonism should be a priority for the Latin American 
        group, which can be increased to the extent that the capacity for joint 
        action is strengthened, especially by the countries of Mercosur and the 
        Pacific Alliance, which have a long tradition of promoting the agendas 
        of the multilateral trade system and, in particular, of the WTO.
 
 The third issue is related to Mercosur's agenda for the articulation with 
        other regional cooperation initiatives that have an impact on the international 
        trading system. This certainly entails intensifying the coordination and 
        joint work with other regional integration and cooperation schemes in 
        Latin America itself, such as, among others, the Latin American Integration 
        Association (LAIA), the Pacific Alliance, the Andean Community, the Central 
        American Integration System and the Central American Common Market itself, 
        and the Caribbean Community. The recent appointment of Sergio Abreu as 
        Secretary General of LAIA has opened new horizons for the idea of making 
        this organization a forum for initiatives that facilitate the promotion 
        of regional integration, with an impact on the joint participation of 
        the region in the broad and diverse front of international trade negotiations.
 
 Above all, however, it implies that the countries of the region play an 
        active role in the articulation with other relevant regions for the development 
        of global international trade. Without excluding other fronts -including 
        those that may eventually be developed with major players in current and 
        future international trade (such as China, the US and India) -Mercosur 
        will have to give immediate priority to the agreements that have been 
        negotiated with the EU and that could be negotiated with the RCEP. Other 
        relevant fronts are the relations that will develop with the United Kingdom 
        after Brexit. (See the February 2021 issue of this newsletter).
 
 The intense agenda of international trade negotiations, both in Mercosur 
        and in the Latin American region, makes it more necessary than ever to 
        ensure the active participation of academic institutions in the process 
        of analysis and generation of action-oriented ideas. The development of 
        approaches and concrete ideas that facilitate the projection of the existing 
        capacities in the Latin American region to the world will be an important 
        factor for the development of successful and efficient strategies for 
        the international trade insertion of the countries of the region. (On 
        this subject, see the November 2020 issue of this newsletter).
 
 In this respect, it is worth mentioning, as a contribution to the conception 
        and development of an international trade insertion strategy for Latin 
        American countries, the Second Congress of the Regional Group for Integration 
        and Development of Latin America and Europe (GRIDALE), which will be held 
        in virtual mode, in Buenos Aires, from March 8 of this year. GRIDALE is 
        an initiative of the Universidad Cooperativa de Colombia and is coordinated 
        by Edgar Vieira Posada, who has a long career in the public sector in 
        his country and in the Andean Group, as well as in academia. GRIDALE'S 
        first Congress took place in Bogota in 2018. The Buenos Aires event is 
        jointly organized by GRIDALE and Universidad Nacional de Tres de Febrero. 
        (For more information about GRIDALE, and its activities, including the 
        Congresses of Bogota (2018) and Buenos Aires (2021) and its publications, 
        see http://www.gridale.org).
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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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