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Trade

Asia is in a critical position to kick-start global trade reform

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The container ship COSCO S?o Paulo, loaded with nearly 1000 sets of excavators, loaders, graders and other construction machinery products produced by XCMG, set sail from the container terminal of Lianyungang Port, sailing to South America, in Lianyungang city, East China's Jiangsu Province, 20 July 2021 (Photo: Reuters).

Author: Jake Read, ANU

At the G7 summit in June in Cornwall, participants recognised the need to defend and modernise the multilateral rules-based trade system and agreed to get behind urgent, wholescale trade reform. They acknowledged that the rulebook has long been out of date and that the world trade system is in need of repair.

Highlighting issues with the World Trade Organization’s (WTO) dispute settlement mechanism, the United States began an informal block on replacing retiring Appellate Body judges in 2016. That block continues to this day. Transparency in the WTO is also lacking as countries skip WTO reporting obligations and overuse Special and Differential Treatment provisions. The WTO has also been targeted for its inability to deal with market-distorting subsidies, state ownership and interventions in many economies. These system failures and others have eroded trust in the WTO.

Yet the global trade system has been overlooked as a potential instrument to deal with global challenges like COVID-19, climate change and the digital economy. Trade restrictions on medical and vaccine supplies cost lives. Other restrictions on environmental goods including wind turbines and solar panels are making emissions reductions more costly. Inconsistent national regulations on cross-border digital operations are obstructing competition, productivity and innovation in the fastest growing area of the global economy.

Problems and gaps in the trade rules such as these need to be filled through system strengthening and rules-building. The task is to build a WTO reform strategy and negotiate a way towards restoring confidence in the system. Preserving the WTO’s key established functions and defending its ability to enforce multilateral rules is one aspect of the approach to reform. The other is modernising the WTO’s framework of rules to secure its relevance.

The G7 alone cannot provide the momentum needed for such a broad undertaking, nor does it presume that it can. The recent G7 communique placed that responsibility on the G20, which will be hosted by Indonesia in 2022. Indonesia’s interests and those of other Asian countries will be crucial to any major reform strategy.

Indonesia has signalled willingness to lead in the G20, pushing the need for high-level approaches to trade system reform at the Osaka summit. As the world climbs out of the COVID-19-induced economic crisis, countries in the Asia Pacific understand that open, rules-based trade must be a major driver of international security and global recovery.

The Regional Comprehensive Economic Partnership (RCEP) agreement, initiated and carried forward by ASEAN members, including Indonesia, was a regional signal of commitment to inclusive economic cooperation. Its conclusion in the middle of a pandemic was recognition that economic hardship is prolonged without trade cooperation. RCEP was also an important exercise in plurilateralism — agreements not constrained by a need for full WTO consensus and that remain open to new entrants.

The Biden administration is standing firm on the longstanding squabbles that the United States has with the trade regime, particularly regarding China. Yet it promised renewed engagement with multilateralism and flagged interest in comprehensive trade reform at the G7. The Biden administration’s commitment to work with others on system reform will be needed to motivate reform more widely.

Countries in the Asia Pacific have both the ambition and incentive to drive a revitalisation of the global trade system. The 15 countries in the RCEP group, including five G20 members, collectively account for over 30 per cent of both global GDP and global trade. The region became a global centre of economic gravity because of its international integration under the multilateral trade order and policies of economic liberalisation. The region has also been the source of many creative solutions to international trade issues.

Negotiations are now underway among Asia Pacific countries to remove trade restrictions on vaccines and related medical goods. Regional tariff reductions on 54 lines of environmental goods were instituted through APEC in 2016. The region has also seen a number of path-breaking agreements that establish international digital economy rules between countries such as Singapore, Australia and New Zealand.

Tapping into this energy, a G20 trade system reform taskforce could help set strategic directions on structural and institutional issues. The taskforce would need to develop a reform strategy to be endorsed by the G20…

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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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