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    | HAS THE TIME COME TO MODIFY THE TREATY OF ASUNCIÓN?Options for adapting Mercosur to the new global and regional realities
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    | by Félix PeñaAugust 2021
 
 English translation: Isabel Romero Carranza
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    |    | Thirty years after the signing of the Treaty of Asunción, 
        the elements that comprise the existential dimension of Mercosur, in other 
        words, the reason why to cooperate, are still valid. The need for this 
        group of adjoining nations belonging to a region with strong potential 
        and great diversity, to work together towards advancing their economic 
        and social development, strengthening their political systems and achieving 
        an inclusion in the international system that is functional to their interests 
        and possibilities, is not being questioned.
       The actual differences arise with regard to the methodological dimension, 
        or how to work together. These are natural differences in any voluntary 
        integration process between sovereign nations that wish to remain so. 
        In fact, the objective is to share the exercise of their sovereignty without 
        losing their individuality as nations. The problems do not stem from the need for a continuous adaptation 
        of a voluntary integration process between nations and its existential 
        narrative to the frequent changes in realities, both in the participating 
        countries and in the regional and global environment in which they are 
        inserted. Rather, the real problems may result from the shortcomings of 
        the methods used to eventually redirect the path laid out or to adjust 
        it when necessary due to the impact of those realities. If a country perceives serious difficulties in introducing modifications 
        in the methodological dimension and considers that this could affect its 
        national interests, it always has the existential option of withdrawing 
        from the corresponding integration process.  Methodological deficiencies can be resolved with modifications to 
        the agreed common rules and practices, including, if necessary, those 
        of the articles of incorporation of the original pact.  In an integration process such as Mercosur's, a good diagnosis of 
        its practical difficulties in navigating a world in a continuous process 
        of change is of utmost importance. |  
   
    |  When the Treaty of Asunción, that created Mercosur, was signed 
        on March 26, 1991, the essence of the agreement was reflected in the conditions 
        for reciprocity of trade preferences granted to each other by the member 
        countries and, in particular, those of the two main economies of the regional 
        integration area that was being created..
 A customs union, rather than a free trade zone, was explicitly chosen. 
        Articles 1 and 5 of the Treaty contain the main elements of the pact between 
        the partner countries. However, the central idea of the scope of the pact 
        is reflected in Article 2, which establishes reciprocity as the main commitment 
        ("The Common Market shall be based on reciprocity of rights and obligations 
        among the States Parties").
 But although a system of reciprocal trade preferences was created, Mercosur 
        has basic political and economic dimensions that are as profound, if not 
        more so, than trade preferences. They run deep in the history of the relations 
        between a group of Latin American countries, which were sometimes characterized 
        more by a tendency towards conflict than cooperation. Above all, it implied 
        affirming the idea of working together to promote the intelligent, effective 
        and efficient international insertion of each of the Mercosur member countries. Thirty years after the signing of the Treaty of Asunción, the 
        elements that define the existential dimension of Mercosur, in other words, 
        why work together, are still fully valid. The need for neighboring nations 
        that share a common region of high potential and rich diversities to work 
        together with the aim of enhancing their economic and social development, 
        strengthening their political systems, and achieving a competitive insertion 
        in the international system that is truly functional to their interests 
        and possibilities is not being questioned. The most striking differences can be seen in the methodological dimension, 
        i.e., how to work together. These are usually natural differences that 
        occur in any voluntary integration process between sovereign nations that 
        wish to remain so. Indeed, the objective is to share the exercise of their 
        own sovereignty without losing their individuality as nations. When institutions and rules are created, they imply collective disciplines 
        that allow for the construction of the desired integration to be carried 
        out. It is known from international experience that such construction 
        may take time, even more than imagined. Hence, it may be necessary to 
        adapt the approximation steps to the agreed objectives. The path towards 
        the goals pursued may require frequent adaptations. The recent European 
        experience has been very illustrative in this regard.  The problems do not stem from the need for continuous adaptation of a 
        voluntary integration process between nations and its narrative to the 
        frequent changes in the realities, both in the participating countries 
        and in the regional and global environment in which they are inserted. 
        On the contrary, the real problems usually result from the shortcomings 
        of the methods used to eventually redirect the course taken or to adjust 
        it as necessary to the changing realities.  Such problems may even reveal flaws in the methods used to reach joint 
        decisions or to ensure their implementation. Or they may reveal deficiencies 
        in the elaboration of the corresponding national positions with relation 
        to the challenges arising from the evolving context. They may also result, 
        among other factors, from shortcomings in the diagnoses of such scenarios, 
        which may originate either from governmental actors, from the business 
        sector itself, or from the many and diverse social sectors.  Methodological shortcomings have more complex effects if they translate 
        into existential differences. In a way, this is one of the lessons that 
        can be drawn from Brexit, at least from the perspective of those who promoted 
        it. This can happen, for example, when it is considered that there are 
        failures in the diagnosis of what is wrong with an integration process. 
       If a country perceives difficulties in introducing modifications in the 
        methodological dimension and considers that this may affect its national 
        interests, it always has the existential option of withdrawing from the 
        corresponding integration process. This is what happened with the UK's 
        experience in the EU. Methodological deficiencies can be resolved with modifications to the 
        agreed common rules and procedures, including, if necessary, those of 
        the articles of incorporation of the constituent pact.  From the perspective of the above, it is very important for an integration 
        process such as Mercosur to make an accurate diagnosis of its practical 
        difficulties when navigating an ever-changing world. It requires taking 
        into account both the national perspective of each of the countries participating 
        in the process and the collective perspective of the integration process 
        itself, in this case, Mercosur. It is through these diagnoses that the 
        intensity and quality of the interaction between the multiple actors involved, 
        including, in particular, the contribution of the action-oriented think 
        tanks, becomes evident. Assuming that the diagnoses were correct, this would certainly not be 
        enough. What is actually required to face methodological crises in an 
        integration process, especially if they have the potential to result in 
        existential crises, are effective mechanisms for the coordination of individual 
        national interests with those interests that are perceived as being common 
        to all. This implies, foremost, political leadership at the highest level 
        in all the participating countries, the capacity for consensus-building 
        within the main governing body of the integration process, and, especially, 
        an active role of the multiple economic and social sectors involved. The critical moments of integration processes, such as those seen in 
        the different experiences of the EU and Mercosur, show that it is in the 
        capacity for coordination of the main common governing body and in the 
        quality of the political leadership of the member countries that lie the 
        main drivers for an effective integration methodology that helps achieve 
        the desired goals and, at the same time, avoids the recurrence or victory 
        of any existential crises. In view of the above, it is important to highlight three relevant issues 
        that would help to modernize Mercosur and restore an acceptable degree 
        of its credibility and effectiveness. In fact, these issues are directly 
        dependent on human factors. The first issue refers to the methodologies for opening up the respective 
        markets and their impact on international trade negotiations. The second 
        issue relates to the institutional methodology -including the capacity 
        to exercise the necessary function of coordination of national interests- 
        applied for the adoption of joint decisions, which also have an impact 
        on the development of the agenda of trade negotiations with other countries. 
        Finally, the third issue concerns the methodology used to ensure that 
        the integration process is based and, therefore guided, by shared ground 
        rules.  There are certainly other relevant issues to be addressed however the 
        three mentioned above are those that, after almost thirty years of Mercosur's 
        development, would seem advisable to keep in mind, especially in conversations 
        at the highest political level.  |  
   
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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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