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Trade

Biden and fixing the global trading system

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Joe Biden arrives on stage at the Solar Power International trade show in Anaheim, California, 16 September 2015 (Photo: Reuters/Jonathan Alcorn).

Author: Editorial Board, ANU

The end of 2020 cannot come soon enough. It’s been a tragic and difficult year but at its end there is hope as COVID-19 vaccines are starting to be rolled out. The new year also brings to an end the Trump administration in the United States.

The economic consequences of the pandemic have been devastating. Lessons from past crises, however, have meant that fiscal and monetary policy, as well as a modest degree of international cooperation, put a floor on the economic downturn. But a necessary condition for full economic recovery is to maintain open markets. The Great Depression of the 1930s showed that retreat to protectionism prolongs economic downturn.

That long stagnation of the 1930s led to the rise of nationalism, fascism and then world war. The Bretton Woods institutions were forged in the aftermath of the world war to avoid these mistakes and the breakdown in international cooperation that led to global disaster. The foundation of the post-war global order also saw the declining power — the United Kingdom — working with the rising power — the United States — and others to enmesh the United States in rules to protect Britain’s core interests in a new multilateral economic order.

In the face of a rising and more assertive China, the United States under Trump has been trying over the past four years to undo the existing rules and rewrite them unilaterally. The Bretton Woods institution that was most seriously threatened has been the multilateral trading regime.

This year was the World Trade Organization’s (WTO) 25th anniversary after it expanded in scope and scale from its predecessor, the General Agreement on Tariffs and Trade (GATT). There was little to celebrate on the WTO’s miserable 25th birthday. Its rules are out of date, its appellate body no longer has judges so rulings are no longer binding, and the world’s largest economy was undermining it, including by doing a deal with the world’s second-largest economy that violated the WTO’s core principles.

Many hope that President-elect Joe Biden will return the United States to a leadership role in the global economy. But will multilateralism return?

A Biden administration can have a prompt and positive impact by rolling back the Trump administration’s unilateral trade actions and ‘provide immediate oxygen to the WTO’, as Bernard Hoekman argues in the first of our two feature articles this week.

Removing all of the Section 232 ‘national security’ measures that Trump imposed and freeing up and facilitating trade in goods — including vaccines — that can help COVID-19 recovery, will make an immediate impact. ‘The Biden administration stands to gain immediate international goodwill’, Wendy Cutler argues in a recent piece, ‘by lifting the US reservation on Ngozi Okonjo-Iweala for director-general [of the WTO]’. The United States can lift its veto on the new judges for the WTO’s appellate body, as well as for the director-general.

It’s moving beyond the easy wins from ceasing to play spoiler that may be more difficult.

Hoekman explains that ‘consensus decision-making and member driven governance have diminished the WTO’s effectiveness’. The single undertaking where nothing is agreed until everything is agreed no longer delivers progress.

Progress on rules and new institutions may be more easily made in plurilateral agreements — groups of countries making progress in particular sectors. There have been some promising signs with investment facilitation, e-commerce and environmental goods.

Rules are being developed and trade liberalisation is advancing beyond the WTO as well, for example in mega regional agreements. Some large bilateral agreements have set standards and used to open up markets, but larger groupings hold more promise and make a clearer positive global impact.

One big question is whether a Biden administration is able to rejoin the Trans-Pacific Partnership, to the negotiation of which the United States was central until President Trump nixed participation during his first days in office. In a second feature this week, Phil Levy explains that ‘popular aversion to the TPP [in the United States] had more to do with its symbolic nature than its actual content’. Rejoining would seem unlikely, Levy suggests, given that Biden would ‘need to expend political capital on trade agreements at a critical, early stage of his presidency — exactly what he vowed not to do’.

Japan, with help from Australia, New Zealand, Vietnam and Singapore, saved the TPP after the…

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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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