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    | THE ART OF ACHIEVING SUSTAINABLE EQUILIBRIUM 
      POINTS: Its relevance for international trade and regional integration strategies
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    | by Félix PeñaOctober 2013
 
 English translation: Isabel Romero Carranza
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    |    | The need to reconcile different interests and visions 
        can be seen in international relations when attempting to build permanent 
        voluntary coalitions between sovereign nations that share a regional geographic 
        space or that aspire to develop a multilateral trading system, as is the 
        case of the WTO. 
       Both at the internal level of a nation and at the level of an international 
        agreement -whether global, regional or inter regional- the most complex 
        issue is to preserve the balance of the interests at stake over time. 
        In a way, the founding moment seems to be the easiest step. However many 
        initiatives succumb or lose their vitality at this early stage, which 
        can last years or even decades. It is much more complicated to sustain 
        over time the reciprocity of interests that support the associative link. 
        This is when the 'curve of disenchantment' begins, caused by the fact 
        that not all participating countries continue to view the agreement as 
        a generator of mutual gains. This is the moment when the loss of effectiveness, 
        efficiency and legitimacy of the institutions and rules originating in 
        the founding agreement begins. This is even more complex when an agreement 
        of multilateral cooperation or regional integration is inserted in a context 
        of changing dynamics and even high volatility, either in the member nations 
        or at the global level.  To practice the difficult art of achieving sustainable equilibrium 
        points at the internal level of a nation and at the level of any agreement 
        between sovereign nations that aspire to develop a permanent, multidimensional 
        process of cooperation, with strong emphasis on trade and productive integration, 
        there seems to be three relevant aspects in which it would be more important 
        to achieve institutional progress.. The first is the articulation between 
        the strategies of development and international integration of a country 
        with the requirements of the corresponding regional or multilateral agreement. 
        The second is the articulation between the various preferential agreements 
        in which a country can participate, both among them and with the commitments 
        made at the global multilateral level. And the third is the articulation 
        between the requirements of the short and long term, both in the national 
        strategies as well as in the scope of the international commitments taken 
        on by a country.  |  
   
    |  TReconciling different and even conflicting interests and views between 
        citizens and social sectors at the internal level of a nation -especially 
        if it is an open society in the sense used by Ralph Dahrendorf in his 
        'Reflections on the Revolution in Europe' (1991)- is a necessary condition 
        for the political stability and governance of a democratic system. It 
        is also required in order to lay out sustainable strategies and policies 
        for international trade integration, including the development of different 
        types of coalitions and alliances with other nations, particularly if 
        they are embodied in agreements and institutions intended to be permanent. 
       This is not easy to achieve. It is largely an art in which the best qualities 
        of those who wield political power are fully manifested. It is even harder 
        to achieve in those cases in which a society shows marked economic and 
        social inequalities among its members and when, moreover, there are significant 
        ideological and eventually ethnical and religious fractures. It may also 
        be difficult to accomplish at times when major changes occur in the world 
        power structure and in the conditions of global economic competition, 
        when attitudes of 'everyone for itself' usually prevail between nations 
        but also within them. To some extent, this is what can be observed in 
        some of the members of the European Union (EU) such as, for example, in 
        the case of Greece. These are times when it is more difficult to articulate 
        sectorial interests and sustain over time the equilibrium points that 
        are eventually achieved. The need to reconcile different views and interests can also be seen 
        in international relations, especially when it comes to building voluntary 
        coalitions, intended to be permanent in time, between sovereign nations 
        that share a regional geographic area or that aspire to develop a multilateral 
        trade system such as the World Trade Organization (WTO). In such cases, 
        the balance that is achieved between the different national interests 
        at stake is what supports the foundational pact and the legal regulations 
        that are included in the agreement that formalizes it. Supposedly, it 
        also sustains the mechanisms and rules that derive over time from the 
        foundational legal instruments. However, this is not always the case and 
        this may lead to a loss of efficiency, effectiveness and even legitimacy 
        of the corresponding agreement and of the process that it aims to promote, 
        be it regional or multilateral and global.  Both at the internal level of a nation and at the level of an international 
        agreement-whether global, regional or interregional- what is most difficult 
        then is to preserve the balance between the respective interests at stake 
        over time. In a regional integration agreement such as Mercosur, the hardest 
        part was not necessarily reaching the founding moment. This moment requires, 
        of course, strategic vision and political skill. It also requires luck. 
        This can also be seen today in the so-called -and much publicized- 'Pacific 
        Alliance'. In a way, the foundation is the easy stage. However, many initiatives 
        succumb or lose vitality in this first stage, which can last several years 
        or eventually decades. It is much more difficult to sustain over a long 
        time the reciprocity of interests that support the associative link. This 
        is when what could be called the 'curve of disenchantment' starts to show, 
        usually caused by the fact that not all participating countries continue 
        to view the corresponding agreement as a generator of mutual gains. At 
        this point is where the loss of effectiveness, efficiency and legitimacy 
        of the rules originating in the founding agreement begins, sometimes due 
        to a trickle effect. This is even more complex when a multilateral cooperation 
        or regional integration agreement is inserted in a context of changing 
        dynamics and even of high volatility, either in each of the member countries 
        or at the global level. This is what is happening today with the seismic 
        movements that are shaking both the EU and Mercosur, despite their obvious 
        differences. In the internal front of a nation, a situation of strong dynamics of 
        change can put to the test the quality and effectiveness of government 
        institutions. Also, changes in the realities at the regional level mean 
        a test for the effectiveness of the mechanisms for the conciliation of 
        national interests -both the internal component within each nation and 
        at the common or multinational level- and may also have an impact on the 
        effectiveness of the ground rules that are agreed. An example of this 
        is what happened in the evolution of the Andean Group and its main joint 
        body - the Board of the Cartagena Agreement- which lost efficacy and even 
        legitimacy after a founding period with a favorable external context and 
        affinity of values and interests between the member countries. A turning 
        point in this regard was the withdrawal of Chile, which together with 
        Colombia had played a key role in the creation of the Andean Group under 
        the leadership of then Presidents Eduardo Frei and Carlos Lleras Restrepo, 
        respectively. The situation may be more complicated when a founding moment characterized 
        by the affinity of values and interests -a situation of like-minded countries- 
        is then followed by periods of significant differences between the partners, 
        even when temporary. It also becomes more difficult when no mechanism 
        for the conciliation of interests is established -in the sense of what 
        was upheld by Jean Monnet in the founding moments of European integration- 
        to help achieve the balance between national interests when these do not 
        converge. In this regard, the role of the 'independent facilitator' in 
        the decision-making process is critical and provides a guarantee for those 
        participating countries with a smaller endowment of relative power. The short history of Mercosur shows, at different moments, interesting 
        examples of this. It is even possible to formulate the hypothesis that 
        it has been the absence or weakness of effective mechanisms to facilitate 
        the coordination of national interests one of the reasons that would explain 
        the recurring difficulties Mercosur has had, and still has, to adapt to 
        the effects of the dynamics of internal and contextual changes that have 
        characterized the relations between its member countries -and Argentina 
        and Brazil in particular- since the integration process was launched with 
        the multidimensional agreements of the period 1985-1994, that is, at the 
        strategic, nuclear, political economic and social levels. It is a weakness 
        that could not be overcome neither with the creation of the Technical 
        Secretariat -the fact that is was prevented from publishing on the Internet 
        an annual report on the evolution of Mercosur later had a strong negative 
        impact on its effectiveness-, nor after with the creation of the figure 
        of a High Representative who, however, beyond its representative function 
        has never been able to have sufficient influence in the process of articulating 
        national interests leading to the production of ground rules that are 
        effectively applied. It is an institutional deficit that would require 
        more academic and, above all, political reflection than it has been given 
        in the recent history of Mercosur.  There are three relevant aspects in which it would be important to obtain 
        institutional advances that allow the practice of the difficult art of 
        achieving sustainable equilibrium points, both internally as a nation 
        and in any joint work agreement between sovereign nations that aspire 
        to develop a permanent multidimensional cooperation process with strong 
        emphasis on trade and productive integration -whether global-multilateral 
        such as the WTO, or regional such as Mercosur and now the Pacific Alliance. The first is the articulation between the strategies for development 
        and international integration of a country with the requirements of the 
        corresponding regional or multilateral agreement. Among many others, an 
        example on this regard are the trade policies that are needed to be applied 
        in view of the combination of offensive and defensive interests of the 
        companies and social sectors of a country and the legal commitments relating, 
        in particular, to the access of the respective domestic market and trade 
        protection. In times of global economic crisis and a relative decline 
        of the international trade flows, the natural tendency of each country 
        is to protect the jobs of its population. Often made covertly and with 
        such legal subtlety, it becomes difficult for those eventually affected 
        by the policy of one of the partners to prove that the agreed rules have 
        been violated. Other times, violations are done overtly and this affects 
        the international credibility of the country applying the measures contrary 
        to the agreement. But, in general, these are situations that highlight 
        the inadequacies of the ground rules, that make it difficult to implement 
        or simply do not consider escape clauses of fast implementation, exceptional 
        and temporal, such as it has been proposed by Professor Dani Rodrik for 
        the WTO, especially in his book 'One Economics Many Recipes. Globalization, 
        Institutions and Economic Growth', Princeton University Press, Princeton 
        and Oxford, 2007. The second is the articulation between the different preferential agreements 
        in which countries can participate, both among themselves and with the 
        commitments made at the global-multilateral level. In fact, it is increasingly 
        common for a country to participate simultaneously in different regional 
        and preferential trade agreements concluded, at least formally, within 
        the multilateral framework of the WTO, or to aspire to do so. This may 
        eventually trigger the need to achieve equilibrium points between the 
        commitments made in the different agreements and the respective national 
        interests. Achieving such balance also depends on what are the concessions 
        and the rules agreed upon in each of the agreements. And in particular, 
        it depends on the actual goals and the political and strategic scope, 
        sometimes very deep, of a certain regional preferential agreement. Mercosur offers a case in point. While partners are committed to a customs 
        union with a common external tariff -a key element of the difference between 
        'us' and 'them', with not just an economic but a deep strategic and political 
        meaning-, which in fact was conceived as a flexible instrument that is 
        functional for the requirements of trade strategies of variable geometry, 
        there are growing trends to try different approaches between partners 
        when negotiating with third countries or groups of countries. The similarity 
        with the experience of 'distinct channels' in Mercosur airports -where 
        the citizens of member countries who are supposed to have preferential 
        treatment (Decision CMC 12/91) end up queuing together with those from 
        third countries but separated from the locals- is quite illustrative of 
        the consequences that such differentiated preferential approaches could 
        have. It is precisely in the case of the negotiations with the EU where 
        the tendency to seek different approaches and paces where this trend shows 
        more clearly. It is usually claimed that the existing limitation (under 
        Decision CMC 32/00) applies only to the negotiations of commercial tariff 
        preferences. Those who argue thus use the expression 'anything but trade' 
        to indicate the extent of what a country, such as for example Brazil, 
        could negotiate bilaterally with the EU. Perhaps they are disavowing in 
        this way the deep strategic and political consequences of such approach. In this regard, during the recent visit to Brazil by Antonio Tajani, 
        Commissioner for Industry for the EU, the President of EUBrasil, a forum 
        that brings together companies and specialists (see: http://www.eubrasil.eu/about/), 
        sent him a letter in which the following paragraph stands out: 'There 
        is a widespread expectation that there is no possibility of arriving, 
        in the foreseeable future, at an EU-MERCOSUR agreement; negotiations are 
        stuck since 2004. But in order to foster a new more competitive growth 
        model, Brazil needs more access to foreign markets (and the EU is its 
        most important customer market) and needs to open up much more its own 
        market if it wants to enhance its firm's competitiveness. There are two 
        possible parallel paths to unlock the current situation. The first is 
        to go ahead with a set of bilateral EU-Brazil agreements on "anything 
        but trade": rules, standards, SPS, investment, taxation, regulations, 
        business facilitation, the whole arsenal of technical barriers to trade 
        and non-tariff barriers to trade. This can be done without endangering 
        MERCOSUR and would strengthen the Brazilian hand in promoting the second 
        path: the sequencing of the bi-regional talks. MERCOSUR would be kept 
        as a negotiating umbrella under which each member country could adopt 
        faster or much slower liberalization commitments and schedules. The EU 
        has already experienced this kind of solution in its negotiations with 
        the Andean Community' (emphasis added). (Refer to the full text of the 
        letter on http://www.eubrasil.eu/2013/10/07/eubrasil-letter-to-vice-president-antonio-tajani-european-union-mission-to-brazil-october-1011-2013/). 
        On the consequences of any eventual bilateral agreements of Mercosur countries 
        with the EU, see our article published in La Nación Newspaper from 
        May 22, 2012 on http://www.felixpena.com.ar/). 
        What the letter does not mention is that after the negotiations of two 
        of its member countries with the EU -Colombia and Peru-, the Andean Community 
        of Nations entered a phase of significant irrelevance. And the problem 
        that could arise in Mercosur would be precisely that the bilateral scope 
        of trade negotiations of Mercosur members with the EU, even when not including 
        preferential tariffs, could end up affecting the fundamental reason behind 
        the agreements reached between Argentina and Brazil, first in 1985-86 
        and then in 1990-91, which penetrate deep into strategic and sensitive 
        issues such as, among others, the nuclear one. It does not seem convenient 
        in the context of a strategic integration conceived as a synonym for 'peace 
        and political stability in South America'- such as was noted at the time 
        by the then Foreign Minister, Celso Amorim, in response to a question 
        made by a colleague in a panel on international trade at the World Economic 
        Forum in Davos, in 2008. Finally, the third level is that of the articulation between the requirements 
        of the short and the long term, both in the respective national strategies 
        and in terms of the international commitments taken on by a country. What 
        can be observed on this respect is an effect of growing erosion of the 
        distinction between short and long-term interests, resulting from the 
        close link between trade and productive investment, which is reflected 
        in the new forms of organizing production at multinational level. In fact, 
        the fragmentation of production in transnational value chains is generating, 
        as one of its effects, a great difficulty to distinguish between the short 
        and long term when a country applies restrictive trade policies. Depending on how they are applied, even when theoretically such measures 
        would impact only short term trade flows, they may also have a strong 
        effect on investment decisions to the respective country as a result of 
        the appraisal that, within the context of a transnational value chain, 
        is made on the convenience of operating from its market. The uncertainty 
        regarding trade flows can then have effects on productive investment decisions 
        that, while aimed for the long-term also have a bearing on the short-term. 
        In the automotive industry, for example, it can lead investors to prefer 
        those countries that, together with market size and level of industrial 
        development, provide assurance regarding the fluency of cross-border trade 
        flows.  |  
   
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    | Félix Peña Director 
        of the Institute of International Trade at the ICBC Foundation. Director 
        of the Masters Degree in International Trade Relations at Tres de Febrero 
        National University (UNTREF). Member of the Executive Committee of the 
        Argentine Council for International Relations (CARI). Member of the Evian 
        Group Brains Trust. More 
        information. |  
 
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