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    | CAN THE WTO AND MERCOSUR ADAPT TO THE NEW REALITIES?Some issues that demand priority attention
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    | by Félix PeñaDecember 2021
 
 English translation: Isabel Romero Carranza
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    |    | The agenda of international trade negotiations in 
        which Argentina and several other countries participate has become very 
        diverse and complex.
       In today's world, which is more populated and connected 
        than ever and thus more competitive but, above all, more dynamic, every 
        country -even the largest and most developed ones-will need a continuous 
        effort to diagnose the changes that may arise in the future and their 
        potential effects.
       From an Argentine perspective, in relation to the 
        agenda of international negotiations that have an impact on the country's 
        foreign trade, two fronts appear to be a priority in the very short term. 
        The first one is that of the negotiations within the world trade system 
        institutionalized by the WTO. The second is Mercosur, which is based on 
        two complementary ideas. One is the creation of a regional space that 
        facilitates joint work among its member countries. The other is an integration 
        into the international trade system that encourages productive investment 
        and economic and social development in its member countries.
       Thirty years after its creation, Mercosur needs to 
        adapt its instruments and working methods to the new global realities 
        and those of its member countries, in line with its founding objectives.
       Perhaps the time has come for Mercosur to formally 
        promote the objective of developing an agenda for the negotiation of free 
        trade or preferential trade agreements, especially with each of the major 
        players in world trade.
       The Mercosur Council meeting, convened for December, 
        could therefore be an opportunity to channel the vision of the Mercosur 
        countries with respect to their international trade negotiations, especially 
        with the three major actors in world trade, which are the US, the EU and 
        China.
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    |  As we have pointed out on different occasions, the agenda of international 
        trade negotiations in which Argentina and several other countries participate 
        has become very diverse and complex.  Given the changes taking place in the international system, the trend 
        towards diversity and complexity can be expected not only to continue 
        but also to intensify. Among others, three significant changes can be mentioned:  
         the diversity of relevant issues with a direct or indirect impact 
          on the future development of world trade. These include: a) climate 
          change, with its potential effects on the economies of all countries 
          and on their foreign trade; b) technological innovations, especially 
          the increasingly intensive use of artificial intelligence; and c) the 
          growing cultural diversity of the population of countries and regions 
          due, among other factors, to the cumulative effect of migratory phenomena.
 
 the increasingly significant number of players-be they countries, 
          companies, or individuals-that are now attractive for the development 
          of the global exchange of goods, services, ideas and knowledge, with 
          its effects on the multiplicity of options that are generated for those 
          seeking to interact successfully in the international arena, and
 
the constant innovation of concepts, models and paradigms that affect 
          the evolution of international trade relations in all their dimensions, 
          rendering obsolete the policies and institutions that used to be employed 
          for the worldwide projection of the competitive advantages of each country 
          or region. In today's world, which is more populated and connected than ever and, 
        therefore, more competitive but, above all, more dynamic, every country-even 
        the largest and most developed ones-will need a continuous effort to diagnose 
        the changes that may arise in the future and their potential effects. These are efforts that call for an active and shared participation of 
        protagonists and institutions, especially of those of action-oriented 
        thinking. Nowadays, devising international trade insertion policies for 
        countries, geographical regions, companies and even individuals, under 
        the assumption that everything is or will remain the same as before, would 
        not seem advisable. Within the framework of the above, it is worth addressing, from an Argentine 
        perspective, the issue of a necessary agenda of international negotiations 
        that has a bearing on the country's foreign trade.  Among others, two fronts appear as immediate priorities, that is, for 
        the remainder of 2021 and for 2022. However, these are priorities that 
        must be continuously reviewed and updated. A first priority front is that of negotiations within the world trade 
        system institutionalized by the World Trade Organization, (see the article 
        by Inu Marak cited below under Recommended Reading).  The Twelfth Ministerial Conference was scheduled to be held in Geneva 
        from November 30 to December 3, 2021 (see the November issue of our newsletter). 
        It would have been the first to take place since the Buenos Aires Conference 
        of 2017 and since the appointment of the new Director General, the Nigerian 
        Ngozi OKonjo-Iweala.  However, on November 26, the WTO General Council had to postpone the 
        Conference due to the evolution of Covid 19 in several member countries 
        and its effects on the possibilities for travel of the attendees. A new 
        date has not yet been set.  The WTO has just released its annual report examining the vulnerabilities 
        and resilience of the global trade system (see the text of the WTO World 
        Trade Report 2021, under the title "Economic Resilience and Trade" 
        on www.wto.org). Among the pending issues on the WTO agenda is the full reestablishment 
        of its dispute settlement mechanism, including the reforms that may eventually 
        be deemed necessary. It was, in fact, paralyzed following the questioning 
        by the administration of President Donald Trump. This has affected the 
        scope of an international trade system that is, presumably, governed by 
        rules that are actually complied with.
 A second priority front is that of Mercosur. Thirty years after its creation, 
        Mercosur needs to adapt its instruments and working methods to the new 
        global realities and those of its member countries, in line with its founding 
        objectives. The Council meeting and the Summit of Presidents are scheduled for mid-December. 
        As always, there are several issues to be addressed. Among these, the 
        level of protection resulting from the common external tariff and trade 
        negotiations with third countries that are not members of ALADI stand 
        out, due to their relative importance.  The December meeting would then be an opportunity to reestablish a reasonable 
        degree of credibility in the effectiveness and efficacy of Mercosur as 
        an environment for joint work among its member countries. That is, its 
        true and original reason for existing. At times, such credibility appears to be affected by the behavior of 
        its member countries in matters relevant to its functioning, such as the 
        effectiveness of its common external tariff and the possibility that individual 
        member countries enter into bilateral preferential trade agreements with 
        third countries. Depending on how it is conceived and its potential scope, 
        this is a possibility that could require modifications to the Treaty of 
        Asunción, even substantial ones, especially with regard to core 
        concepts of the founding pact, such as the "common external tariff", 
        "customs union" and "common market". Mercosur is based on two complementary ideas. One is the creation of 
        a regional space that, even due to its exclusivity derived from the formula 
        of a customs union, facilitates joint work among its member countries, 
        especially when negotiating trade preferences with third countries. The 
        other is an integration into the international trade system that encourages 
        productive investment and economic and social development in its member 
        countries. There are at least three areas where improvements on the objectives and 
        functioning can be made. The first is that of the methods of coordination 
        of national interests for the adoption of effective and efficient joint 
        decisions. The second is in the full use of the instrument of sectoral 
        agreements provided for in Article 5 d. of the Treaty of Asunción 
        and later in Decision No. 3, adopted in 1991 by the Mercosur Council of 
        Ministers. Finally, the third is the incorporation of new joint work issues, 
        among others, those related to climate change, digital trade and artificial 
        intelligence.  These aspects must be addressed in conjunction with an active strategy 
        of simultaneous trade negotiations with developed and developing countries. 
        This should include the negotiation, if possible concurrently, of trade 
        and investment agreements with the world's major markets (China and the 
        United States, to which we should add the completion of the pending agreement 
        with the European Union). Because of its unquestionable importance in the development of international 
        trade, it would be natural for Mercosur to aspire to have preferential 
        trade agreements or free trade agreements with each of these three relevant 
        actors.  An initial agreement has already been made with the EU, after about thirty 
        years of probing, talks and formal negotiations, but so far no progress 
        has been made, or really sought to be made, towards its final conclusion. 
       A first step was taken with the United States through the conclusion, 
        in 1991, of the so-called "4 plus 1" agreement, but thereafter 
        talks aimed at finalizing a formal free trade agreement were not pursued. 
       In relation to China, Mercosur never formally responded to proposals 
        made at the time by Beijing to negotiate a preferential trade agreement. 
       Perhaps, the time has come for Mercosur to formalize its objective of 
        developing an agenda for negotiating preferential or free trade agreements 
        in the short term with each of the three major players of world trade, 
        without excluding the possibility of doing so with other countries with 
        large markets, such as Japan, the UK, India, Canada, South Korea, Australia 
        and Russia, to name a few. In addition to those mentioned above, there would be the possibility 
        of market expansions that could result from taking full advantage of the 
        underutilized potential of ALADI, as well as those that could result from 
        preferential or free trade agreements to be promoted and concluded with 
        the countries of ASEAN and the African Union, among others. 
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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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