Caribbean Trade Law and Development

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  • Caribbean Trade and Development Digest – September 16-22, 2018

    Caribbean Trade and Development Digest – September 16-22, 2018

    Welcome to the Caribbean Trade & Development Digest for the week of September 16-22, 2018! We are happy to bring the trade and development headlines and analysis from across the Caribbean Region and the world from the past week.

    It has been a busy week in trade news. The European Commission has published a concept paper outlining its initial proposals for WTO reform. On the Brexit front, EU leaders have rejected aspects of British Prime Minister Theresa May’s ‘Chequers Plan’ – post-Brexit economic proposals. China has cancelled upcoming trade talks with the US, as Washington readies to impose another $200 billion dollars worth of tariffs on Chinese imports. And those are just some of the highlights! Please see below for more headlines:

    REGIONAL

    St Maarten as CARICOM Associate Member “still under consideration”

    The Daily Herald: It has been more than half a decade since St. Maarten as well as Curaçao and Aruba have been approved for associate membership to the English-speaking countries dominated Caribbean Community Caricom, and that pending application is “still under consideration.” Read more 

    Jamaica gets green light to export mangoes to US

    Jamaica Observer: Jamaica has been granted permission to export mangoes to the United States, Agriculture Minister Audley Shaw said here on Monday. Read more 

    Interview: Dominican Republic-China ties open “world of opportunities,” says economy chief of Dominican Republic

    Xinhua: The newly established diplomatic ties between China and the Dominican Republic have opened a panoply of trade and investment opportunities for the two countries, according to the Economy, Planning and Development Minister of Dominican Republic Isidoro Santana. Read more 

    Puerto Rico businesses interested in Trinidad and Tobago

    LoopT&T: “These trade missions provide Trinidad and Tobago with opportunities to deepen relations and increase business,” said Trade and Industry Minister, Senator the Honourable Paula Gopee-Scoon at the launch of Trade Mission from Puerto Rico hosted by the United States Embassy, Trinidad on Tuesday.  Read more 

    Trinidad and Tobago to examine law prohibiting transshipment of honey from Guyana

    Stabroek: Trinidad and Tobago (T&T) has made a commitment to examine the law prohibiting the transshipment of honey from Guyana into the twin-island republic, its Agriculture Minister Clarence Rambharat says.

    The Bahamas reactivates WTO accession process

    WTO: WTO members praised The Bahamas’ commitment to reactivate and accelerate its WTO accession process after six years of impasse. Read more 

    Guyana seeking to finalise economic cooperation pact with Barbados

    Stabroek: Guyana is moving to finalise a framework agreement for economic cooperation with Barbados as part of government’s attempts to pursue economic cooperation in the region to nurture prosperity and global competitiveness, President David Granger said yesterday. Read more 

    BVI premier to lead first trade mission to Africa

    Caribbean News Now: British Virgin Islands premier and minister of finance, Dr Orlando Smith, will be leading a two-week trade mission to Africa in November. Read more

    China opens embassy in the Dominican Republic

    Golden Times: China’s national anthem was heard in the Dominican Republic on Friday, as China opened its embassy in the country’s capital Santo Domingo. Read more 

    China ready to enhance multilateral cooperation with Caribbean Community: Wang Yi

    Xinhua: China is ready to enhance cooperation with the Caribbean Community (CARICOM) in multilateral areas in order to better safeguard the rights and interests of developing countries, Chinese State Councilor and Foreign Minister Wang Yi said here Saturday. Read more

    Barbados to host one-day CSME Meeting

    Barbados Today: Guyana-based Caribbean Community (CARICOM) Secretariat says it is reviewing the CARICOM Single Market and Economy (CSME) administrative procedures to recommend ways of making them more simple and harmonised where possible. Read more

    Suriname-Indonesia joint commission promotes agriculture, trade and capacity building

    Caribbean News Now: The fifth Joint Council Commission between Indonesia and Suriname took place in Paramaribo on September 17-18 and the objective was to “recommit to strengthen cooperation that can translate into concrete results” between the two countries.  Read more 

    Haiti’s trade deficit with DR amounts to $816 million US

    HaitiLibre: The National Statistical Office (ONE) of the Dominican Republic has revealed that in 2017, trade between the two nations of the island reached 852.53 million US dollars. During this period, imports from Haiti amounted to $ 36.31 million, a positive trade surplus for DR of $ 816.22 million.  Read more 

    WTO members review two regional trade agreements covering Africa, the Caribbean and the EU

    WTO: WTO members reviewed Seychelles’ accession to the South African Development Community (SADC) trade protocol and the economic partnership agreement between the European Union and Cariforum states at the 18 September meeting of the Committee on Regional Trade Agreements. Members welcomed progress being made in the economic integration of the African region. Read more 

    Barbados welcomes skilled CARICOM nationals

    CaribbeanLife: While moving to tighten immigration security by introducing a state-of-the-art travel document, Barbados is opening its arms to Caribbean Community nationals who can help further develop the island. Read more 

    Wang Yi: CARICOM and China share extensive interests

    CGTN: Chinese State Councilor and Foreign Minister Wang Yi has called for closer cooperation between China and the Caribbean Community (CARICOM) to further build a community of shared future between the two. Read more 

    UWI a CARICOM integration leader

    Barbados Today: In order to assert themselves in the forefront of CARICOM integration, University of the West Indies academics must make their messages clear and easily understandable for both regional decision-makers and ordinary Caribbean citizens. Read more 

    INTERNATIONAL

    Theresa May sticks by Chequers plan for Brexit despite EU warning it ‘will not work’

    Sky News: Theresa May is defiantly sticking by her Chequers strategy for Brexit, despite the EU insisting a key element of her plan “will not work” and issuing a four-week deadline to agree a deal. Read more

    ‘Majority of Cabinet’ now supports move towards Canada-style Brexit deal

    The Telegraph: A majority of the Cabinet now supports moving towards a Canada-style trade deal with the EU following the outright rejection of PM Theresa May’s Chequers Plan. Read more 

    US-China trade talks stall amid tariff standoff

    CNN: Negotiations between the United States and China have stalled after President Donald Trump ordered new tariffs on Chinese goods. Read more 

    European Commission presents comprehensive approach for the modernisation of the World Trade Organisation

    EU: The EU’s approach to the World Trade Organisation (WTO) reform outlined in a document published today will be presented to EU partners in Geneva on 20 September during a meeting on that subject convened by Canada. Read more

    Mauritania signs the Regional Economic Partnership agreement between West Africa and the EU

    European Commission: Mauritania today became the 15th West African country to have signed the region-to-region Economic Partnership Agreement (EPA) with the European Union, an agreement negotiated with 16 countries of the region. Read more 

    EU-India “fully committed” to move forward on free trade pact: Official 

    Economic Times: The European Union and India are “fully committed” to moving forward on the proposed free trade agreement and discussions are on between the two sides on the much-delayed pact, according to an EU official. Read more 

    USTR Finalizes Tariffs on $200 Billion of Chinese Imports in Response to China’s Unfair Trade Practices

    USTR: As part of the United States’ continuing response to China’s theft of American intellectual property and forced transfer of American technology, the Office of the United States Trade Representative (USTR) today released a list of approximately $200 billion worth of Chinese imports that will be subject to additional tariffs. Read more 

    One year on, EU-Canada trade agreement delivers positive results

    European Commission: Friday 21 September will mark the first anniversary of the provisional entry into force of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. Early signs show that the agreement is already starting to deliver for EU exporters. Read more 

     

    China-Singapore trade agreement upgrade to be concluded by year-end

    Channel News Asia: Singapore and China will conclude a substantive upgrade of their free trade agreement, which first came into effect in 2009, by the end of this year, said Deputy Prime Minister Teo Chee Hean on Thursday (Sep 20). Read more 

    South Korean Finance Minister Optimistic About Revised U.S. Trade Deal

    Wall Street Journal: South Korean Finance Minister Kim Dong-yeon expressed optimism about signing a revised U.S. free-trade pact into law, though lawmakers in Seoul have threatened to block the deal if Washington imposes new tariffs on Korean autos and auto parts. Read more 

    Japan mulls bilateral trade deal with US: Nikkei

    Reuters: Japan is mulling a bilateral trade agreement with the United States that would lower tariffs on U.S. agriculture imports in exchange for avoiding higher tariffs on Japanese autos, the Nikkei newspaper said on Saturday. Read more 

    US very very close to Mexico-US only deal: White House

    Global News: The United States is getting “very, very close” to having to move forward on its trade deal with Mexico without Canada, White House economic adviser Kevin Hassett said on Friday. Read more 

    Mexico will seek deal with Canada if NAFTA talks fail: Lopez Obrador

    Reuters: Mexico’s incoming government will pursue a bilateral deal with Canada if talks to overhaul the North American Free Trade Agreement falter, Mexican president-elect Andres Manuel Lopez Obrador said on Friday. Read more 

    Mercosur Holds First Negotiating Round for Korea Trade Deal, Looks to EU Next Steps

    ICTSD: Officials from the South American customs bloc Mercosur held negotiating meetings last week with South Korea and the European Union, respectively, as the coalition looks to cement trade ties with new partners. Read more 

    Global Trade is thriving (for some)

    Bloomberg: The West has turned hostile to open markets, but trade isn’t in retreat everywhere. In other parts of the world, it’s flourishing. Read more 

    The Global Trade System could break down

    Project Syndicate:  Ten years after the failure of Lehman Brothers, we know that multilateral action was crucial in preventing the so-called Great Recession from becoming even worse than it was. Back then, it was the global financial system that was tottering. Today, it is the global trade system that is in jeopardy. Read more 

    NEW ON CTLD BLOG

    This week, we were honoured to have our frequent guest author, Javier Spencer, return to give a critical analysis of what the Trump administration may mean for the WTO in this piece: Trump ‘trumps’ the WTO. You can also follow Javier on Twitter at @jav_d_spencer

    The following other articles were posted:

    EU makes initial proposals for WTO modernization

    Urgent WTO reform needed, says G20 Trade and Investment ministers

    Liked this issue? To read past issues of our weekly Caribbean Trade & Development Digest, please visit here. To receive these mailings directly to your inbox, please follow our blog.

  • EU makes initial proposals for WTO modernization

    Alicia Nicholls

    The European Commission has released a concept paper outlining its initial proposals for making the WTO more relevant and adaptive to current global realities and for strengthening its effectiveness.

    The paper originates from a mandate given by the European Council to the European Commission. It was published days after G20 trade and investment ministers called for urgent WTO reform and a month after United States’ President Donald Trump renewed his desire to withdraw the US from the WTO. It also comes against the backdrop of an escalation in unilateralism as Washington readies to impose a further $200 billion in tariffs on Chinese goods imports.

    In the paper, the Commission reiterates the EU’s “staunch” support of the multilateral trading system, noting that the 164-member WTO was “indispensable in ensuring free and fair trade”. It warns, however, that the WTO is under threat. It notes that the organisation’s current marginalisation by some of its key members stem from its failure to “adapt sufficiently to the rapidly changing global economy”.

    The 17-page concept paper offers proposals under three key areas and is in effect three papers in one. These areas are: rulemaking and development, regular work and transparency and dispute settlement.

    The Commission recommends that the EU continue to the work on the issues under the existing Doha mandate, but also states there is urgent need to broaden the negotiating agenda, building on several initiatives launched at the Buenos Aires Ministerial held in December 2017. Lamenting the current inadequacy of the WTO’s Agreement on Subsidies and Countervailing Measures (SCM), the Commission calls for improved transparency and subsidy notifications, rules which better capture subsidies granted by state-owned enterprises and stricter rules for the most trade-distortive types of subsidies.

    The Commission recommends updating current trade rules on services and investment, and further reduce existing market access barriers and discriminatory treatment of foreign investors. One issue of which the Commission was particularly critical was the need to tighten rules on forced technology transfer – practices by some States which force foreign investors to directly or indirectly share their technological innovations with the State or domestic investors. Indeed, intellectual property rights issues are a major sore point between US and China trade relations.

    The Commission also sounds the alarm about the “grave danger” to the WTO’s dispute settlement system posed by the US’ blocking of Appellate Body judge appointments. By end of September, the Appellate Body would have only the minimum (just three judges on its roster) and by December 2019 will have less than the minimum required to hear an appeal as two more retire. As such, the Commission has made some initial proposals for amendments which would take into account many of the US’ concerns with the WTO dispute settlement system which had been outlined in the President’s Trade Policy Agenda for 2018. For example, the Commission has suggested amending the 90-days rule contained in Article 17.5 of the Dispute Settlement Understanding to provide for more transparency and consultation.

    The Commission has made clear that the proposals were meant to be a basis for discussion with the EU Parliament, the Council and other WTO members, and did not prejudice the EU’s final positions on the matters.

    The concept paper makes for an interesting read and may be viewed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

  • Trump ‘trumps’ the WTO

    Javier D. Spencer, Guest Contributor 

    Javier

    THE WTO

    The 1995 organization has done considerably well to date as an arbiter of international trade. The organization was created as a response to the economic situation in the 1930’s that resulted in global tensions. Its predecessor, the General Agreement on Tariffs and Trade (GATT), was ostensibly limited in scope and so, the consensual demand was for an inclusive and comprehensive institution to govern and promote international trade.

    Achieving inclusive and comprehensive trade was daunting; nevertheless, the organization has attained the aforementioned buzzwords and continues along this trajectory. For instance, the WTO started with only 123 signatories under the Marrakesh Agreement in 1994 and today has over 160 members, with pending ascensions. Additionally, it is remarkable to note that the WTO agreements are comprehensive. They cover trade in goods, services, agriculture, sanitary and phytosanitary measures, intellectual property, rules of origin, subsidies, dispute settlement, and many more.

    The WTO rests on its founding principles of non-discrimination, reciprocity, transparency, safety values, and binding and enforceable commitments such as the tariffs commitments in order to liberalize and promulgate free trade as a global public good. With these at its core, it is fair to say that the organization has lived up to its core function and objective.

    Having regard to the organization’s core functions and objectives, governing global trade is no easy feat, especially taking into consideration competing political and economic interests among WTO member . The organization is a rules-based organization and these rules are agreed upon by consensus of member states. In this regard, the organization’s Dispute Settlement system remains a feather in the cap and its prized arm. The Dispute Settlement Body (DSB) has provided stability to the global economy by ensuring that agreed rules are enforced. Since its existence, the DSB has successfully deliberated on many cases that have maintained the integrity of the WTO rules.

    Despite its successes, the future of the WTO remains vulnerable. At present, it is on the receiving end of dire threats from one of its founding members – the United States (US). Interestingly, the US led the global effort to establish the machinery to manage global trade. However, the present President of the United States (POTUS) lashes the organization as the worse deal for the US. POTUS’ actions to date are alarming – from delaying the appointment of members to the WTO Appellate body to dusting off Section 301 of the Trade Act to a brewing trade war with China and other countries to the burial of the NAFTA to public statements of leaving the WTO and much more. We should be worried about the future of the WTO.

    TRUMP

    The WTO is lauded by many countries as a fair and just organization that seeks to level the playing field and as much as possible promulgate all-inclusivity. However, not all world leaders share these sentiments. One example is the President of the United States, Donald Trump. Trump was elected as the 45th President of the United States and has been in office since January 2017. He triumphed over his opponent with his patented and infamous campaign slogan, “Make American Great Again”, a slogan that is purported to usher in better economic times for the United States of America. It was envisioned to focus on military operations and to focus on implementing mechanisms to fillip the job market and ailing industries in the US. The implication of this, of course, is that Trump’s actions would focus on US’ external trade policy. However, at what cost is Trump willing to “Make America Great Again?” Does he mean to make America great again by ruffling the feathers of a peaceful, collaborative, rules-based multilateral trading system?

    It is without a doubt that Trump has very little faith in multilateral organizations. To date, the POTUS has adopted many controversial positions in global affairs, with harsh jabs towards the WTO. He has aired that the WTO does not serve the interest of the US and as such, the organization is biased and unfair to the country. He has further iterated that the WTO and the EU are collaborating against the US and as a result, transactions by these organizations are very ‘bad’ for the United States. These sentiments all lead to a threat to withdraw the US from the organization – much like the US withdrawal from the UN Human Rights body. The threats and dire warning aimed at the multilateral organization from the POTUS show isolationism, protectionism, nationalism, and I even dare say reverse globalization.

    The stance on global trade, in particular, and actions that are taken show that POTUS’  external trade policy remains a mystery. One thing is for certain, he strives to deliver on his campaign promise of remedying the trade [im] balances that the US has with other countries, in an effort to “Make America Great Again”. The achievement of this infamous slogan has led to a trade war with China, sanctions against Turkey, a failed trilateral negotiation of NAFTA and other trade turbulences – with surely more to follow.

    In early July, in a claim to fix the unfairness in trade, the US imposed 25% tariffs on $34 billion worth of Chinese goods. This then extended to steel and aluminium imports from Canada and the European Union. (The move to extend the imposed tariffs to the other countries could be looked at from the lens of ensuring that Chinese firms do not engage in deflective trade strategies by establishing firms in these territories and export under the guise of these territories.) As the US imposed these tariffs on Chinese goods, China returned the favour by imposing tariffs on US goods and as such, a tit-for-tat trade war ensued. For Trump, he deemed that the imposition of tariffs was necessary and served as “national security” interest of the United States. This exemption clause is enshrined in the 1994 GATT Article XXI of the WTO agreement and is certainly one loophole of which the POTUS will take full advantage.

    The example of the US-China brewing trade war definitely puts the global rules-based system in peril. It brings into question the authority or jurisdiction of the WTO to advise the US of the legitimacy of “essential” or national security claims. However, on the other hand, supporting Trump will legitimize a major loophole in the global trade rules. At this crossroads, the WTO faces an uphill battle with a world leader’s determination to dismantle decades of the global trade order.

    The POTUS’ actions to weaken the organization goes beyond Section 301 of the Trade Act of 1974, which was the US domestic legislation used to spur the trade war. In fact, there is a draft a bill that the POTUS has advanced that would have dire consequences for the WTO and the global trading system. The Fair and Reciprocal Tariff Act (FART Act) is de facto a mechanism for the POTUS to completely disregard the WTO rules. In other words, the Act confers rights on the POTUS to adjust tariffs rates with countries outside of the WTO jurisdiction, without much red tape and authorization of Congress.

     WHAT WILL HAPPEN?

    With all that is happening now in the global trade environment, the brewing question is what would happen if the WTO were dismantled by the US. As a global hegemon, the US’ exit of the WTO will certainly cause a domino effect. Other countries will follow and move to impose tariffs to their absolute advantage – making the rules-based organization and its decades of work useless.

    POTUS certainly has no faith in the multilateral trading system and is reshaping the US’ external trade policy by striving for bilateral trade agreements with countries. There is nothing inherently wrong with negotiating bilateral agreements with third-party states. In fact, there are provisions made within the WTO rules-based system that enables countries to create regional trade agreements. However, it would seem that POTUS’ aim is to completely ignore the rules and create his own rules. Rules that would only advance the economic interest of the US, which may not maintain the integrity and ethos of free and fair global trade. This form of trade policy is one where we will see that the US will use economic pressure to its whims and fancy.

    Many cases have proved the WTO’s worth in regulating global trade so that there is an equal opportunity available to all member states. Developing countries and countries of the Global South should make it a priority to save the WTO. In particular, the Caribbean Small Vulnerable Economies (SVEs) should focus on the future of the WTO against the backdrop of POTUS’ withdrawal threat. The US remains the Caribbean’s largest trading partner for both imports and exports.  So, what would a US withdrawal mean for these Member States? An appropriate question considering US-Antigua Gambling Case. Antigua is yet to be compensated and the possibility of the US complying with the WTO’s ruling is unpromising. With the US’ pronounced economic influence on the region, its withdrawal would further subject the Caribbean SVE’s to the US “beggar-thy-neighbour” trade policy.

    It would be unfortunate for all if the actions of one President collapse a just and fair trading system.

    Javier Spencer, B.Sc., M.Sc., is an International Business & Trade Professional with a B.Sc. in International Business and a M.Sc. in International Trade Policy. His professional interests include Regional Integration, International Business, Global Diplomacy and International Trade & Development. He may be contacted at javier.spencer at gmail.com.

  • Urgent WTO reform needed, says G20 Trade and Investment ministers

    Urgent WTO reform needed, says G20 Trade and Investment ministers

    Alicia Nicholls

    Trade and investment ministers of the world’s twenty leading industrialised economies (G20) have called for urgent reform of the World Trade Organisation (WTO) to ensure its ability to “face current and future challenges”. This is according to the Ministerial Statement released following the G20 Trade and Investment Ministerial Meeting held on September 14, 2018 in Mar del Plata, Argentina.

    The 164-member WTO serves not just as the only multilateral forum for the negotiation of global trading rules, but is a forum for the orderly and peaceful resolution of trade disputes amongst WTO member countries. While the Ministerial Statement does not detail what specific reforms the G20 Ministers deem necessary, it implores all G20 member countries and other interested parties to explore ideas to safeguard the continued relevancy of the multilateral trade governance organisation. G20 member countries have also ‘stepped up’ dialogue on current international trade developments.

    The statement comes in the wake of increased threats to the multilateral rules-based trading system. The most recent are the current escalating trade tensions between the US and China manifested in the imposition of billions of dollars’ worth of tariffs on goods by both sides. It also comes  amidst new threats by United States’ President, Donald Trump, to withdraw the US from the WTO, which he perceives to be inherently biased towards the US. This is, despite independent research showing that the US, which is the most litigious of the WTO member countries, wins about 91% of the trade disputes in which it was the complainant, and 89% of cases as respondent. Despite this positive track record, the Trump administration continues to block Appellate Body judge selections, which threatens to grind the WTO’s once vaunted dispute settlement body system to a halt.

    Concerns about the relevance of the WTO predate the Trump administration, with a major concern being the WTO’s consensus-based decision making model which requires agreement by all member countries for progress to be made. Out of frustration with the slow pace of the Doha negotiations and the refusal to include new emerging issues into negotiations, there was a marked shift in the US focus during the Obama Administration from the now defunct Doha Development Round negotiations towards the negotiation of mega regional trade agreements. However, the Trump administration marks the first time a US administration has openly threatened to withdraw from the WTO, an organisation it was instrumental in pushing for and forming.

    One positive aspect to the Trump administration’s anti-WTO stance and actions is that they have given new urgency to the need to reform the WTO to secure its relevance, efficiency and effectiveness for all members, including small vulnerable economies (SVEs). SVEs account for only a tiny fraction of world trade, but generally have high levels of trade openness and a narrow range of exports and export partners. As such, any unfair trade practices by one of their major trading partners which prejudices an SVE’s exports, could have a deleterious impact on its economy and development prospects.

    Despite the problems inherent with the consensus-based decision making model, the removal of such a system would likely undermine the WTO’s legitimacy and disenfranchise less powerful member countries, such as SVEs. The WTO is of particular importance to SVEs because it is one international organisation in which they have equal voice, and because, at least in theory, it provides a mechanism for small States to hold hegemons to account when they engage in unfair trade practices. This, however, has not always been the case. For instance, Antigua & Barbuda’s inability to receive compensation from the United States following the rulings in the US-Antigua Gambling case is the most glaring example of how power asymmetries affect small States’ ability to hold powerful States to account, even where rulings have been made in their favour.

    There have been numerous calls for reform of the WTO over the years, as well as several studies, including this one by Bertelsmann Stiftung, which have posited recommendations. Encouragingly, current Director General of the WTO has expressed support and willingness for reform of the organisation, noting that some countries have already begun talks. It is hoped that CARICOM countries, as well as other SVEs, will demand a voice in these discussions and offer their ideas for reforming the WTO to ensure it meets their needs. The presence of CARICOM at the G20 Trade and Investment Ministers meeting, represented by Jamaica, is a good start.

    Despite the WTO’s shortcomings, the fact that non-Members continue to pursue accession to the WTO show that countries generally still see value in the organisation.

    In essence, the G20 Statement shows support in principle, at least from a majority of the world’s largest economies, for the continuation of the rules-based multilateral trading system which the WTO affords and states commitment towards making the reform of the WTO an urgent priority. Now these words must be translated into action.

    The full G20 Trade and Investment Ministers’ Ministerial Statement may be read here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.