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Trade

The unexpected impact of Japan’s free trade leadership on China’s domestic reform

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Chinese President Xi Jinping and Japanese Prime Minister Shinzo Abe look at media as they walk into the venue of their talks at a Osaka hotel, prior to the G20 Summit at the International Exhibition Center in Osaka, western Japan, 27 June 2019 (Photo: Reuters/Kimimasa Mayama).

Author: Rumi Aoyama, Waseda University

While the threat of protectionism is looming thanks to the trade war between the United States and China, trade-dependent middle power Japan has stepped up as a free trade champion.

The 11-member Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), covering 13 per cent of global GDP and 500 million people, came into force on 30 December 2018. One month later, the Economic Partnership Agreement (EPA) between Japan and the European Union took effect, heralding the largest open trade zone in the world — accounting for nearly one third of global GDP and 635 million people.

Fuelled by shared fears over the US–China trade war, China and Southeast Asian countries are now seeking to finalise the Regional Comprehensive Economic Partnership (RCEP) by the end of 2019. RCEP aims to cover areas such as trade in goods, trade in services, investment, rules of origin, intellectual property and electronic commerce. Japan has been pushing for high-standard rules during negotiations.

Japan’s leadership in global trade has had an unexpected impact on China’s FTA strategy, as well as its domestic economic and financial reforms. China is pushing for RCEP and initiating experimental measures in its domestic free trade zones with the aim of ‘wide ranging and high standard’ FTAs. The central government is considering adopting rules from the CPTPP and the Japan–EU EPA in areas such as negative lists, investor–state dispute settlements, intellectual property, environmental protection and worker protection.

RCEP, along with other FTAs, has always been a top priority in China’s foreign policy. At the 18th National Congress of the Chinese Communist Party (CCP) in 2012, the Chinese government set forth a policy of accelerating the establishment of FTAs. In 2015, the ambition ‘to establish a global FTA network’ along the Belt and Road region was written into the 13th Five-Year Plan.

Then US president Barack Obama declared that the United States would participate in the TPP, stating that ‘we can’t let countries like China write the rules of the global economy’. Leading scholars with close ties to top leaders in China asserted that RCEP without the United States could and would coexist with the TPP. RCEP and FTAs, in the eyes of China, were seen as the best platforms to blunt the TPP’s negative impact.

Despite US withdrawal from the TPP, the CPTPP and Japan–EU EPA are now in place. Given that the European Union is China’s largest trading partner while Japan ranks fourth, China is still making efforts to propel RCEP negotiations forward. To keep India in RCEP, China has promised that it will further liberalise its market in exchange for India’s acceptance of tariff-elimination under RCEP. China has also proposed an ‘ASEAN + 3 FTA’ as the first step towards RCEP.

The CPTPP and Japan–EU economic partnership arrangements have inspired China to further long-overdue economic and financial reforms. The Xi Jinping administration sees that the CPTPP and Japan–EU EPA demonstrate a vision for future global standards. These trade pacts entail rules and procedures of origin, reduce non-tariff measures and service trade barriers and aim to improve mutual market access for government procurement. Still, China has been reluctant to compromise in some areas such as environmental standards, data flows and intellectual property protection.

The creation of ‘comprehensive and high standard’ FTAs is one of China’s highest-priority policy goals. In the past 5 years, China has established 12 pilot domestic free trade zones and announced the establishment of six more partly in response to the conclusion of the CPTPP and Japan–EU EPA. The Shanghai Free Trade Zone, the first test area, was approved in July 2013 and started formal operations in September that year.

In this pilot free trade zone, most experimental policies are centred on finance and trade sectors, aimed at turning Shanghai into an international financial centre and free port. The government has gradually liberalised interest rates and capital accounts. It also founded the China (Shanghai) Pilot Free Trade Zone Court of Arbitration in 2013. If successful, the experimental policies adopted in the Shanghai Free Trade Zone are expected to be extended to other regions.

But economic liberalisation is not a foregone conclusion. The government’s newly released Report on the Development of China’s Free Trade Test Zone conceded that reforms in the financial sector have lagged behind those in…

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Trade

Fixing fragmentation in the settlement of international trade disputes

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Fragmentation in global trade due to the lack of development in multilateral trade rules at the WTO has led to an increase in FTAs. The Appellate Body impasse has further exacerbated fragmentation, requiring a multilateral approach for reform.

Fragmentation in Global Trade

Fragmentation in global trade is not new. With the slow development of multilateral trade rules at the World Trade Organization (WTO), governments have turned to free trade agreements (FTAs). As of 2023, almost 600 bilateral and regional trade agreements have been notified to the WTO, leading to growing fragmentation in trade rules, business activities, and international relations. But until recently, trade dispute settlements have predominantly remained within the WTO.

Challenges with WTO Dispute Settlement

The demise of the Appellate Body increased fragmentation in both the interpretation and enforcement of trade law. A small number of WTO Members created the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) as a temporary solution, but in its current form, it cannot properly address fragmentation. Since its creation in 2020, the MPIA has only attracted 26 parties, and its rulings have not been consistent with previous decisions made by the Appellate Body, rendering WTO case law increasingly fragmented.

The Path Forward for Global Trade

Maintaining the integrity and predictability of the global trading system while reducing fragmentation requires restoring the WTO’s authority. At the 12th WTO Ministerial Conference in 2022, governments agreed to re-establish a functional dispute settlement system by 2024. Reaching a consensus will be difficult, and negotiations will take time. A critical mass-based, open plurilateral approach provides a viable alternative way to reform the appellate mechanism, as WTO Members are committed to reforming the dispute settlement system.

Source : Fixing fragmentation in the settlement of international trade disputes

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WTO ministerial trading in low expectations and high stakes

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The WTO’s 13th Ministerial Conference is set to focus on e-commerce transparency, investment facilitation, and admitting new members. However, progress may be hindered by disputes, especially regarding fisheries subsidies.

The World Trade Organisation’s 13th Ministerial Conference

The World Trade Organisation’s (WTO) 13th Ministerial Conference is set to take place in Abu Dhabi on 26–29 February, with expectations of deals on electronic commerce transparency, investment facilitation for development, and the admission of Timor Leste and the Comoros as WTO members. Despite these positive developments, the expectations are relatively modest compared to promises made at the 12th Ministerial Conference, which included addressing fisheries subsidies and restoring a fully functioning dispute settlement mechanism by 2024.

Challenges in Dispute Settlement and Agricultural Trade Reform

However, challenges remain, especially in the deadlock of dispute settlement since December 2019 due to a US veto on the appointment of Appellate Body judges. Progress in restoring the dispute settlement mechanism has stalled, and discord continues regarding India’s grain stockholding policy as a potential illegal subsidy. Restoring a fully functioning dispute settlement mechanism hinges on addressing US concerns about perceived bias against trade remedies in relation to China’s state subsidies.

Geopolitical Tensions and the Future of Trade Relations

The likelihood of reaching agreements amid geopolitical tensions between Western democracies and China appears slim, with issues surrounding subsidies and global supply chains causing rifts in trade relations. As nations focus on self-reliance within the global value chain, opportunities for trading face obstacles. Advocacy for open markets and addressing protectionist sentiments remains crucial for fostering resilience to external shocks and promoting economic growth.

Source : WTO ministerial trading in low expectations and high stakes

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Trade

Getting Vietnam’s economic growth back on track

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Vietnam’s economy grew 8% in 2022 but slowed in 2023 due to falling exports and delays in public investments. The economy’s future depends on structural reforms and reducing dependency on foreign investment.

Vietnam’s Economic Roller Coaster

After emerging from COVID-19 with an 8 per cent annual growth rate, Vietnam’s economy took a downturn in the first half of 2023. The drop was attributed to falling exports due to monetary tightening in developed countries and a slow post-pandemic recovery in China.

Trade Performance and Monetary Policy

Exports were down 12 per cent on-year, with the industrial production index showing negative growth early in 2023 but ended with an increase of approximately 1 per cent for the year. Monetary policy was loosened throughout the year, with bank credit growing by 13.5 per cent overall and 1.7 per cent in the last 20 days of 2023.

Challenges and Prospects

Vietnam’s economy suffered from delayed public investments, electricity shortages, and a declining domestic private sector in the last two years. Looking ahead to 2024, economic growth is expected to be in the range of 5.5–6 per cent, but the country faces uncertainties due to geopolitical tensions and global economic conditions.

Source : Getting Vietnam’s economic growth back on track

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