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    | THE CONSTRUCTION OF THE NECESSARY CONSENSUS:Is it a real weak point for the future functioning of Mercosur?
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    | by Félix PeñaOctober 2021
 
 English translation: Isabel Romero Carranza
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    |    | In other opportunities we have dealt with different 
        aspects of the debate that is taking place within Mercosur regarding its 
        future and, in particular, what can be called its "methodological 
        crisis". This is a crisis not so much concerning the existential 
        dimension of Mercosur, but rather about how to develop the idea of working 
        together, both in the area of economic and social development, as well 
        as in the area of international insertion, especially in terms of trade 
        (see in this regard, our newsletter from June and August of this year).
       A recent event is giving special relevance to this 
        debate. It is the statement made by Paulo Guedes, Brazil's Minister of 
        Economy, when he spoke, "remotely", at the event called "Brazil 
        Wants More", organized by the International Chamber of Commerce. 
        
       In his presentation, Minister Guedes referred, in 
        particular, to Brazil's position in relation to the reduction of the common 
        external tariff and to the way decisions are taken in Mercosur, especially 
        with regard to the negotiation of preferential trade agreements with third 
        countries.
       The uncertainties regarding Mercosur as an attractive 
        environment for new productive investments are many and diverse. The flexibility 
        for member countries to enter into different types of preferential trade 
        agreements with other countries would be only one of the aspects of Mercosur's 
        functioning that requires priority attention. What is important, therefore, 
        would be a simultaneous approach to the set of issues that would eventually 
        involve changes to what was agreed 30 years ago.
       In order to facilitate a rational debate among the 
        partner countries, with a broad participation of citizens in all their 
        diversity, it seems advisable to keep in mind some of the main issues 
        outlined in recent newsletters and that could require building the necessary 
        consensus regarding Mercosur.
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    |  On recent occasions we have addressed in this newsletter different aspects 
        of the debate that is taking place in Mercosur in relation to what can 
        be called its "methodological crisis". This crisis is not so 
        much about the existential dimension of Mercosur, but about how to develop 
        the idea of working together, both in terms of economic and social development, 
        and in terms of the international integration, especially in trade (see 
        in this regard, among others, our newsletters of June and August of this 
        year). A recent event is now giving a special significance to this debate. It 
        is the presentation made by Paulo Guedes, Brazil's Minister of Economy, 
        when he spoke "remotely" at 
        the event "Brazil Wants More", organized by the International 
        Chamber of Commerce, on September 27. (see https://.agenciabrasil.ebc.com.br/). Among other considerations, Minister Guedes said that "the Brazilian 
        government seeks to modernize the economic bloc, but has encountered resistance 
        from Argentina...our position is to move forward...we will not abandon 
        Mercosur., but we will not accept Mercosur as an ideological tool. Mercosur 
        has a very clear purpose: it is a platform for integration in the global 
        economy. If it does not provide this service we will modernize it, and 
        those who are upset can leave...Brazil has proposed to reduce the common 
        external tariff by 10% for all products, while Argentina insists that 
        only a part of the goods be included in the reduction...we will stand 
        firm in our position...and Argentina seems to be very staunch in an antagonistic 
        position to ours...The disagreements also refer to the way decisions are 
        made.... Currently, all decisions are made by consensus among the four 
        member countries...Unanimity is required to make changes in Mercosur and 
        they turn them into vetoes...". In his approach, Minister Guedes referred to Brazil's position with respect 
        to the reduction of the common external tariff and the way decisions are 
        made in Mercosur, especially with regard to the negotiation of preferential 
        trade agreements with third countries. Specifically, these are issues 
        that have to be addressed by decisions that require consensus of the four 
        member countries, as established by the Treaty of Asuncion (Article 16) 
        and the Protocol of Ouro Preto (Article 37). We should bear in mind that 
        when the Treaty of Asunción, which created Mercosur, was signed 
        on March 26, 1991, it explicitly opted for a customs union with a common 
        external tariff and joint negotiation with third countries, and not for 
        a free trade zone. Articles 1 and 5 of the Treaty contain the main elements 
        of the scope of the agreement between the member countries. And the core 
        idea of its scope 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 Party States"). Among other factors, 
        the regional context explains the inclusion of these elements in the adopted 
        commitment (especially the beginning of the U.S. initiative for free trade 
        agreements with countries from the Americas). In order to facilitate a rational debate among the partner countries 
        and, to the extents that it is possible, to have a broad and diverse civil 
        participation, some of the following elements should be taken into account 
        in order to understand the necessary dialogue on Mercosur and its future: 
         Although Mercosur includes as a central element a system of reciprocal 
          trade preferences, it also has basic political and economic dimensions 
          that run as deep or even deeper than trade preferences. They delve deeply 
          into the history of the relations between a group of Latin American 
          countries, which at times were more marked by a tendency to conflict 
          than to cooperation. And above all, it meant affirming the idea of working 
          together to promote an intelligent, effective and efficient international 
          insertion of each of the Mercosur member countries.
 
 More than thirty years after the signing of the Treaty of Asunción, 
          the elements that make up the existential dimension of Mercosur, in 
          other words, the reason for working together, are still fully valid. 
          Apparently, there is no questioning of the need for contiguous nations 
          that share their belonging to a region of strong potential and rich 
          diversity to work together to enhance their economic and social development, 
          strengthen their political systems, and achieve a competitive presence 
          in the international system that is functional to their interests and 
          possibilities.
 
The most notorious differences can now be seen in the methodological 
          dimension, i.e., how to work together. These are usually natural differences 
          in any voluntary integration process between sovereign nations that 
          intend to remain so. On the contrary, the aim is to share the exercise 
          of their respective sovereignties without losing their individuality 
          as nations.
 
 Once institutions and rules are created, they require collective 
          disciplines that enable the construction of the much valued integration.
 
 It is known from international experience that this construction 
          may take time, even more than was anticipated. Therefore, it may be 
          necessary to adapt the approximation steps to the agreed objectives. 
          The path towards the desired goals may require frequent adaptations. 
          The recent European experience has been very telling in this regard.
 
 However, 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 of reality, both in participating countries 
          and in the regional and global environment in which they are embedded. 
          On the contrary, the real problems usually stem from the shortcomings 
          of the methods used to redirect the course of the outlined path or to 
          revise it when the force of reality makes it necessary.
 
 Such problems may even reveal shortcomings and inadequacies in the 
          methods used to reach joint decisions or to ensure their implementation. 
          Or they may reveal deficiencies in the formulation of each country's 
          position in relation to the challenges arising from the changing environment. 
          They may also result, among other things, from a poor understanding 
          of the new realities, which may originate either from governmental actors, 
          from the business sector itself, or from the multiple 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 flaws 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 integration process. This is what happened in 
          the experience of the United Kingdom in the European Union. Methodological 
          failings can be solved with modifications to the agreed common rules 
          and regulations, including, if necessary, those of the constituent pact 
          itself.
 
 From the perspective of the above, it is very important for an integration 
          process such as Mercosur to make a correct assessment of its practical 
          difficulties in navigating a world which is undergoing a continuous 
          process of change. It is a diagnosis that requires taking into account 
          both the national perspective of each of the countries participating 
          in the process and the common perspective as understood from the integration 
          process itself, in this case, from Mercosur. These diagnoses highlight 
          the intensity and quality of the interaction among the multiple actors 
          involved, including, in particular, the contribution of the action-oriented 
          think tanks.
 
 Assuming that the diagnoses are correct, this would certainly not 
          be enough. What is really required to face methodological crises in 
          an integration process, especially if they have the potential to lead 
          to existential crises, are effective and efficient mechanisms for the 
          alignment of national interests in accordance with the interests perceived 
          as common. This implies, above all, political leadership at the highest 
          level of the countries involved, the capacity for coordination within 
          the main common body of the integration process, and most importantly, 
          an active involvement of the respective multiple economic and social 
          sectors.
 
 The critical moments of integration processes, such as the experiences 
          of the European Union and Mercosur, reveal that the main elements of 
          an effective integration methodology, which makes it possible to achieve 
          the desired objectives and, at the same time, avoid the recurrence of 
          existential crises, lie in the consensus-building capacity of the main 
          common body and in the quality of the political leadership of the member 
          countries.
 
 In view of the above, it is necessary to highlight three relevant 
          issues to modernize Mercosur and restore an adequate degree of credibility 
          and efficiency. Actually, these issues are directly dependent on human 
          factors.
 
 
             The first issue relates to the methodologies for opening up the 
              relevant markets and the impact this has on international trade 
              negotiations. 
 
 The second refers to the institutional methodology applied for 
              the adoption of joint decisions -including the capacity to perform 
              the necessary function of coordinating the national interests- that 
              also impact the development of the agenda of trade negotiations 
              with other countries, and
 
 The third refers to the methodology used to ensure that the integration 
              process is based on, and therefore guided by, common ground rules. Of course, there are other relevant issues to be addressed, the three 
            that we have just mentioned are those that, after almost thirty years 
            of Mercosur's development, would be advisable to keep in mind, especially 
            in the discussions at the highest political level.
In view of Mercosur's current problems (see, among others, the March 
          and April 2021 issues of our newsletter), at least three scenarios can 
          be contemplated as possible regarding its future development. Of course, 
          they are not the only ones, nor are they all desirable. Neither can 
          we rule out others that are difficult to imagine today, since globally 
          and in the Latin American region the conditions seem to be in place 
          for the development of unforeseen situations that may have an impact 
          on processes such as Mercosur. Uncertainty about its future is therefore 
          a dominant note that may be present for some time to come.
 
 
            A first possible scenario would be the reaffirmation of the main 
              commitments made when the Treaty of Asunción was signed, 
              i.e., understanding the customs union as the necessary basis for 
              the gradual construction of a common market. It would imply adjusting 
              many of the steps that would need to be taken in the future to achieve 
              this goal, which might even require agreeing on modifications or 
              complements to the Treaty of Asunción, but preserving the 
              fundamental features of a customs union and a common market.
 This scenario is therefore in line with what, at least formally, 
              continue to be the cornerstones of the current Mercosur negotiating 
              agenda. Most importantly, it is a scenario in line with the original 
              idea that led to the Treaty of Asuncion. In our opinion, it is still 
              the most desirable and convenient scenario for the four member countries.
 
 Because of the flexibility resulting from the agreed commitments, 
              it is a scenario that opens up many options as to how to achieve 
              the full development of its fundamental goals and also regarding 
              the deadlines for achieving them. It does not exclude the possibility 
              of differential treatment for some sectors, using one of the instruments 
              of the Treaty of Asunción -sectoral agreements-, or that 
              the specific situation of smaller countries and countries with a 
              lower degree of relative economic development be taken into account. 
              However, it explicitly excludes the possibility of a member country 
              seeking to negotiate, for example, bilateral preferential trade 
              agreements with third countries, especially those with larger markets, 
              that would contradict what was agreed in Mercosur. Specifically, 
              it excludes any policy aimed at "liquefying" the fundamental 
              trade commitments assumed by the members when Mercosur was created, 
              particularly in relation to the preservation of the preferences 
              agreed upon.
 
 
A second scenario would be that we have indeed reached a situation 
              that could be identified as "the beginning of the end of Mercosur", 
              at least in the sense of what was intended when the Treaty of Asuncion 
              was negotiated and signed in 1990-1991. It would be a scenario of 
              "liquation" of the commitments undertaken.
 Specifically, at the time of the founding of Mercosur, it was considered 
              feasible and convenient to initiate a path towards the creation 
              and gradual development of a common market. To this end, the four 
              countries that created Mercosur explicitly committed themselves 
              to take the steps deemed necessary to make the elements of a customs 
              union a reality, as a basis for the construction of this common 
              market. Thirty years later, these steps have not been fully developed. 
              The customs union formally exists, even if it is far from being 
              perfected and, the commitment made in the Treaty of Asunción 
              remains valid.
 
 However, what can be observed at present are signs that fuel doubts 
              as to whether the possibility or the will to comply with the commitments 
              really exist, at least in all member countries. At present, there 
              are no clear signs from any of the partners that they might eventually 
              choose to formally set aside the commitments made in the Treaty 
              of Asunción. But neither could we rule out behaviors that, 
              at least in practice, lead to "liquefy" what has been 
              agreed. This is to say, to introduce and legitimize elements that 
              would mean, in fact, casting aside the firm commitments established 
              in the Treaty, without formally modifying them. An example of this 
              might involve the scope granted to proposals aimed at making the 
              goal of a customs union more flexible in such a way that, in practice, 
              it is transformed into a free trade zone. In that case, each of 
              the member countries could eventually consider formally entering 
              into bilateral preferential trade agreements with third countries, 
              especially those with larger markets, such as the United States, 
              China or Japan, to name a few. This is instead of pursuing the initiative 
              of preferential trade negotiations that Mercosur formally develops 
              with the world's major economies, including China and the USA, as 
              was done when negotiating the not yet concluded agreement with the 
              EU.
 
 
 A third scenario would be that of a country opting to withdraw 
              from Mercosur, as is explicitly provided for in Articles 21 and 
              22 of the Treaty of Asunción. Given the size of their markets, 
              it would be difficult to imagine that Mercosur could survive as 
              a credible and relevant project if either Brazil or Argentina, or 
              eventually both, decided to denounce the Treaty. Nothing would indicate 
              that such a scenario is today being explicitly contemplated by any 
              of the partners, but it would be equally unreasonable to rule it 
              out as a possibility. The current uncertainties in relation to Mercosur as an appealing environment 
        for new productive investments, are many and varied. That there are many 
        should not be surprising, since the new international environment --and 
        not only as the result of the current pandemic- has increased the degree 
        of uncertainty with respect to many economies, especially developing ones 
        and not only those of Mercosur or Latin America. Nor should it be surprising 
        that they are varied, since they often have political or economic roots, 
        and in many cases, both at the same time. The flexibility for member countries to engage in different forms of 
        preferential trade agreements with other countries would be only one of 
        the aspects of Mercosur's functioning that require priority attention. 
        What would be important, therefore, would be a simultaneous approach to 
        the set of issues that would eventually imply modifications to what was 
        agreed 30 years ago.
 In addition to the above issues, other relevant ones are now on the Mercosur 
        agenda and will require, sooner rather than later, an approach at the 
        highest political level. One of these refers to the joint proposals made 
        by the industrialists of the four countries, which involves the development 
        of policies to help transition from primary economies to the manufacture 
        of intelligent products with added value and, at the same time, to enable 
        the insertion of their companies in transnational trade and productive 
        investment networks. This would imply placing in this perspective the 
        issue of trade negotiations to be developed by Mercosur (see the July 
        2021 edition of our newsletter).
 
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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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