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Trade

The complexities of China’s CPTPP entry

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Two feeder ships and a barge feeder ship are busy with loading and unloading at the Dapukou Container Terminal in Jintang Town, Zhoushan Port, Ningbo City, east China's Zhejiang Province, 19 February 2021 (Photo: Reuters/Oriental Image).

Author: Choong Yong Ahn, Chung-Ang University

Chinese President Xi Jinping made global headlines at the APEC summit on 20 November 2020 by announcing that China was considering joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which came into effect in December 2018. The news came amid a likely reconfiguration of the Asia Pacific trade landscape due to unabated trade tensions between the United States and China and the conclusion of the Regional Comprehensive Economic Partnership (RCEP) five days prior.

Significantly deviating from former US president Donald Trump’s ‘America First’ policy, the Biden administration is returning to global governance by reviving multilateral institutions, including the Paris Agreement, the World Health Organization and the World Trade Organization (WTO). The Biden administration’s pivot back to Asia might see the United States revisit the CPTTP, after mending urgent domestic affairs, including public anti-globalisation sentiments.

The United States has lost a great deal of its leadership credibility in Asia when it comes to safeguarding the liberal trade order. Despite the United States withdrawing from the Trans-Pacific Partnership (TPP), the deal was salvaged laboriously under Japan’s leadership with the remaining key members either dropping or compromising on some sensitive items in the final agreement. 

In addition to China, the United Kingdom, South Korea, Indonesia, Thailand and Taiwan have also expressed interest in joining the CPTPP. Major signatory economies of the TPP and RCEP are also members of APEC. If every country interested in an expanded CPTPP, including China, were to commit to the high standards of its clauses even with a raised re-entry bar, it would help create progress toward APEC’s long-cherished goal of creating a Free Trade Area of the Asia Pacific (FTAAP), identified as a goal by APEC leaders as early as 2004. 

Seven of the eleven CPTPP members, including Japan and Australia, are intersection economies also belonging to the RCEP. China’s entry into the CPTTP in the absence of the United States could be viewed as creating an advanced ‘RCEP-II’, provided that the clauses signed in ‘RCEP-I’ are upgraded to closely match those in the CPTPP chapters. An expanded CPTPP, with a re-joined United States and newly joined China, alongside other wishful entrants from RCEP, could lead to an FTAAP. It should be welcomed as an ideal building block toward the stalled WTO quest for multilateralism with the most-favoured nation principle.

But in reality, China’s entry into the CPTPP is more complex. If partner countries disagree on the key components of a ‘level playing field’, efforts toward economic integration are unlikely to bear fruit. There are several sticking points for new entrants into the CPTPP, especially China. This includes the prohibition of state subsidies for state-owned enterprises, investor–state dispute settlement, intellectual property rights over biological products, labour conditions for government procurement, data free flows and localisation restriction and digital trade. 

The picture of enhanced free trade becomes more complex and unrealistic when transparency standards for the implementation of the free trade pact and strategic security elements for the Indo-Pacific are considered. Some of these points have been embraced in the EU–China Comprehensive Agreement on Investment (CAI) in principle concluded on 30 December 2020, allowing the European Union enhanced market access in China. Still, China’s CAI commitments fall short of the high standards in the CPTTP.

The TPP was originally designed by the United States to counter China’s assertive rise. In response, China became enthusiastic about concluding RCEP, originally perceived by ASEAN and Japan to rival the TPP. If these twin motivations for regional hegemonic leadership remain unchanged, the United States and China are unlikely to be in the same expanded CPTPP boat. With a possible return of the United States to the CPTTP on the horizon, the United States and other major TPP signatories are likely to screen new members while writing reinforced trade rules. The CPTPP would then become more politically like-minded.

Given this politico–economic dichotomy, China’s entry might be a long shot. Some experts claim China is motivated by a domestic reform agenda, referencing CPTPP’s high standards. But it remains to be seen how China carries out its domestic reforms to meet CPTPP entry requirements. Amid 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.

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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.

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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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