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Trade

Finding a way forward on EU–India trade negotiations

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European Council President Charles Michel, Ursula von der Leyen and Indian Prime Minister Narendra Modi are seen on the monitor as they take part in a virtual summit, Brussels, Belgium, 15 July 2020 (Photo: Reuters/Yves Herman/Pool).

Authors: Hosuk Lee-Makiyama, ECIPE and Shada Islam, College of Europe

Indian Prime Minister Narendra Modi cancelled most of his full-packed summit agenda with other world leaders to tend to the devastating COVID-19 crisis at home. Nonetheless, the EU–India summit in Porto went ahead on 8 May — albeit via video — at the insistence of the European Union. Some EU leaders are anxious to cultivate India as a counterweight to China’s growing political and economic influence in Asia and beyond, and willing to gloss over criticism of Modi on fundamental rights.

At first sight, the summit conclusions did not disappoint. To start, Europe is jumping on to the ‘connectivity’ bandwagon with a new EU–India infrastructure partnership that promises to bring the European Investment Bank into projects in India. The European Union and India also promise to cooperate on building resilient medical supply chains, vaccines and their ingredients.

Both Brussels and Delhi have been intensely criticised for mismanagement of the COVID-19 emergency and inclined towards blaming external and foreign powers. India has demanded a waiver on pharmaceutical patents and other intellectual property, while EU leaders like German Chancellor Angela Merkel voiced clear disapproval of any such move, citing concerns of impeding innovation.

What has caught attention is the decision to restart EU–India negotiations for a free trade agreement. After an eight-year ‘stocktaking exercise’ (a diplomatic euphemism for failure), the talks have long been deemed a lost cause. Critics are querying EU wisdom in starting trade negotiations with India at a time when the government faces growing criticism at home.

While both the European Union and India agree on the merits of a free trade deal, they have very different ideas about its content and how to proceed. India wants the European Union to immediately slash tariffs and increase purchases of Indian farm produce and other goods in an ‘early harvest’ as a token of good faith. By contrast, the European Union has proposed an investment deal as a stepping stone and reforms to protect geographical indicators like Champagne, Parma, and Assam tea.

What the European Union is asking for is essentially the package of concessions it recently negotiated with Beijing. EU demands are unsurprising given India’s restrictions on foreign investments are similar to China’s, especially in key EU export sectors.

For Brussels, a lot has changed since 2013. To start, the European Union has signed a string of high-quality trade agreements, and India is Europe’s last stop. After opening negotiations with South Korea, Canada, Japan, Mercosur (the Southern common market in South America), Australia and most ASEAN countries, EU exporters have very few markets left to negotiate with. Aside from India, only duty-free access to China or the United States could make a tangible impact on Europe’s macroeconomic growth prospects.

Meanwhile, much less has changed in New Delhi. India has adopted a policy to localise manufacturing through its Make in India program. Its Ministry of Commerce has some of the world’s most skilful or hard-nosed negotiators. They have no qualms about walking out of decade-long negotiations, as they did when India left the Regional Comprehensive Economic Partnership in its final rounds. India has even turned down a trade and security pact offered by the United States, objects to other countries liberalising and has challenged the legality of voluntary agreements in areas like e-commerce within the World Trade Organization.

India and Europe may disagree about who ought to be making the first down payment to move the process, but they also share some similarities. Both are complex and federalised democracies, consisting of states with vital vested interests. The European Union is well known across Asia for its defensive position on steel, cars, textiles, the digital economy and agricultural commodities. Meanwhile, Indian states have vested interests across farm goods, beverages, retail, textiles, services, pharmaceuticals and industrial machinery. In the EU–India talks, the domestic vested interests that overlap on one side match almost perfectly with the market access demands on the other.

The similarities between India and the European Union don’t end there. Both sides are also entrenched by their convictions about the justness of their cause. India is a champion of developing countries who rightly expect an equitable share of the world’s wealth and respect for its democracy and…

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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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