Author: caribbeantradelaw

  • Global Governance: Why isn’t it working and what can be done?

    Global Governance: Why isn’t it working and what can be done?

    Javier
    Javier D. Spencer

    By Javier D. Spencer, Guest Contributor

    At an exponential rate, the world is convulsing into a single space, which heightens the interconnectivity and interdependence of countries. As a result, it is evident that issues such as climate change, security, human rights among others, instantaneously alter global relations. It can be scary when you think about it, especially since matters arising are becoming more and more complex.

    Our human response to address the complex issues at a global level is to increase the robustness of global governance through multilateralism. We could say that for almost every global issue (sometimes overlapping), there may be at least two or three global institutions created to address that one issue. This, evidently, creates a new global society that is constructed to bring order, reliability, predictability and transparency.

    The New Global society eliminates a central authority and places emphasis on collaboration among states which will seek to encourage common practices and goals. However, as there is growing interdependence for economies to integrate into the global economy, we observe that global governance has acquiesced to the limitations and challenges of multilateralism. It is designed to promote international peace, stability and co-operation; but unfortunately, it does not work, as it should. For this reason, there are challenges arising in the dynamic global economy that undermines the effective institutional outcomes of global governance, including democratic deficits and accountability; representation and power; and compliance.

    Democratic Deficits & Accountability

    Democratic deficits are prevalent in global governance when nothing holds the institutions and regimes accountable to a democratic electorate. There is a divergence between ‘what is’ and ‘what ought to be’ in respect of trust by the masses in the governance regimes and institutions. For example, we have seen a proliferation of trade agreements, like the now defunct negotiations on the Transatlantic Trade and Investment Partnership (TTIP) between the US and the EU, and the Trans-Pacific Partnership (TPP) (which was replaced by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) after the US withdrew from the TPP), that were being negotiated in secrecy. Secrecy violates the very basic concept of democracy. Citizens have the fundamental right to be aware and to be able to air their concerns on policies and legislation. The absence of this right results in the deficit as the perception of governance goes beyond the influence of the citizenry.

    There is also a growing concern about lack of accountability at the global governance level.  Accountability includes transparency, consultation, evaluation, and correction. Transparency means that there is visibility present; eliminating decision-making done in secrecy. Additionally, consultation purports an explanation of intentions by one party, and flexibility to adjust plans that will negatively affect another party. Consultation then ushers in evaluation where there is an independent monitoring and assessment of activities; and in the final analysis, there is correction, which means that there are provisions for redress or reform.

    Representation and Power

    An overwhelming question on the issue of representation is, “whose interest do these organizations represent?”   Global Governance regimes were created by and for the most influential states that were too important to fail. Therefore, the goals and objectives are partially beneficial to the major actors in global system. For example, voting at the International Monetary Fund (IMF) remains weighted, which means that one state is does not equal to one vote. How is finance for economic development expected to be achieved? It automatically disenfranchises the global south in crucial development decisions.

    Another case in point is the daunting process of ensuring that developing countries, more specifically Least Developed Countries, are able to participate in international trade at the multilateral level. Although the Nairobi Decision on Rules of Origin and Export competition enables greater LDC participation, facilitation remains elusive. Interestingly, the Nairobi round is a successor to the Doha Round. The Doha Round, which was coined a being ‘development’ oriented failed miserably after many years of negotiations. The main aim of the Doha Round was to further liberalize trade, invest more in development, and address complex global issues. However, the rounds’ failure illumes the shortcomings of global governance regimes, especially for developing and least developed countries.

    There are, however, proposed problems of increased representation at the global governance level. There will be an increased inefficiency, as more participants in the decision-making process could hinder coming to a single decision, due to the diversity of interests and goals. However, inadequate representation results in skewed authority and power within the governance regime. Ultimate power is given to whom it favourably represents and vice versa, representation reflects to the economies with economic dominance and power. It becomes a case where “the strong will do what they can and the weak must accept what they must”.

    Compliance

    If all states are sovereign, who ensures that states comply with these rules to yield an ideal outcome in the governance of the international system?   The enforcement problem arises because that is no authoritative international government since states value their autonomy. For instance, the United States has iterated its right to ignore any rulings from the WTO’s Dispute Settlement Body. Therefore, to what extent are states willing to sacrifice their political autonomy for a well-functioning international economy? None.

    So, what’s next? Reform? How?

    In order to align with the original mandate of international stability, peace, and cooperation, issues of democratic deficits and accountability; representation and power; and compliance must be addressed through speedy reform. The start of attaining reform is by identifying an effective global mechanism that provides strategic guidance. Global issues today are closely knitted into a web. Therefore, strategic guidance must view the international system as a whole.

    At present, there are sufficient agencies created to tackle emanating issues. As such, there is no need to recreate the global governance regime. Instead, the existing structure needs to be appropriately matched to issues, in order to strengthen its efficacy.

    This will certainly result in a change in the global agenda. An agenda that is inclusive, modern, flexible, agile, and resilient.  This envisioned modern-day agenda will mitigate the democratic deficit and increase accountability, linking leadership, vision and institution. An inclusive agenda fosters participation, which balances representation and power. Reform needs to happen faster.

    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.

  • WTO: Trade tensions could sabotage global trade growth momentum

    WTO: Trade tensions could sabotage global trade growth momentum

    Alicia Nicholls

    The World Trade Organisation (WTO) has predicted that global merchandise trade growth will remain strong in 2018 and 2019, but has cautioned that this momentum is contingent on the policy choices taken by governments.

    This forecast was disclosed by WTO Director General, Roberto Azevedo, in a press conference held last week. According to Mr. Azevedo, global merchandise trade grew an estimated 4.7% in 2017 and is forecast by WTO economists to grow 4.4% in 2018 and by a more modest, 4.0% in 2019.

    He noted that trade volume growth in 2017 was the most robust since 2011, with Asia being responsible for much of the recovery. He noted that South and Central America and the Caribbean made a positive contribution for the first time since 2013 due to Brazil’s economic recovery. The ratio of trade growth to GDP growth will be slightly lower in 2018 at 1.4 in 2018, down from 1.5 in 2017. Commercial services trade experienced strong growth in 2017 after two years of lacklustre growth.

    The escalating global trade tensions, particularly between the US and China, cast a shadow over the forecast, as Director-General Azevedo strongly cautioned that continued positive trade growth could be “quickly undermined” if Governments turned to trade restrictive policies and engaged in retaliation. Mr. Azevedo pointedly stated that “a cycle of trade retaliation is the last thing the world economy needs”, noting that trade tensions may already be impacting business confidence and investment decisions. He further warned that missteps on trade and monetary policy “could undermine economic growth and confidence”.

    In an appeal to WTO Member States to resort to the rules-based system as opposed to unilateral action, Mr. Azevedo added that “pressing trade problems confronting WTO Members is best tackled through collective action”.

    The full WTO press release 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.

     

  • Caribbean Trade & Development Digest – April 8-14 , 2018

    Welcome to the Caribbean Trade and Development Digest for the week of April 8-14, 2018! We are pleased to share some of the major trade and development headlines and analysis across the Caribbean region and the World. We hope you enjoy this edition.

    REGIONAL

    Poultry producers complain to CARICOM over non-adoption of standards

    Stabroek News: Regional poultry producers have expressed concern at the non-adoption of specifications for their meat and feeds which had been developed by the standards body, CROSQ and approved. Read more

    Trinidad and Tobago judge rules homophobic laws unconstitutional
     
    The Guardian (UK): The ruling, which declared sections of the Sexual Offences Act unconstitutional, may soon lead to decriminalising gay sex. Read more 

    Canada’s PM, Justin Trudeau, meets with CARICOM States

    Breaking Belize News: This afternoon, representatives from CARICOM met with Prime Minister of Canada  Justin Trudeau to discuss trade and the situation with Venezuela. Read more 

    CARICOM Secretary General says CSME is a “work in progress”

    Nation News: The Caribbean Community (CARICOM) Secretary General , Irwin La Rocque says while the CARICOM Single Market and Economy (CSME) continues to be a work in progress, it is sufficiently advanced to be used more effectively by the regional private sector. Read more 

    CARICOM busy laying the groundwork for restructuring

    Antigua Observer: CARICOM is pressing ahead with plans to ensure the restructuring of the governance of West Indies cricket, undeterred by the International Cricket Council’s request to have Cricket West Indies president, Dave Cameron, present at any meeting between the two bodies. Read more

    Harmonised Cross Border Trade Needed for CARICOM Economic Integration

    St Kitts & Nevis Observer: Harmonised approaches to conducting trade across borders in the Caribbean and effective customs valuation are among the steps that must be taken towards full economic integration within the Caribbean Community (CARICOM). Read more 

    WTO

    Strong trade growth in 2018 rests on policy choices

    WTO: World merchandise trade growth is expected to remain strong in 2018 and 2019 after posting its largest increase in six years in 2017, but continued expansion depends on robust global economic growth and governments pursuing appropriate monetary, fiscal and especially trade policies, WTO economists said. Read more 

    WTO members discuss ways of improving the transparency of regional trade agreements

    WTO: WTO members discussed how to improve work on enhancing the transparency of regional trade agreements (RTAs) at a meeting of the Committee on RTAs on 9-10 April at the WTO. They reviewed five RTAs covering countries in Europe, Asia and Africa. The new chair of the committee, Ambassador Julian Braithwaite of the United Kingdom, presided at this first committee meeting of 2018. Read more

    China initiates WTO dispute complaint against US tariffs on steel, aluminium products

    WTO: China has requested WTO dispute consultations with the United States concerning certain US duties imposed on imports of steel and aluminium products. The request was circulated to WTO members on 9 April. Read more 

    WTO establishes two panels to rule on US lumber duties

    WTO: At the request of Canada, the WTO’s Dispute Settlement Body (DSB) agreed on 9 April to establish two panels to examine Canada’s complaints regarding anti-dumping and countervailing duties imposed by the United States on imports of Canadian softwood lumber. Read more 

    Korea files appeal against WTO panel ruling regarding Japanese food import restrictions

    WTO: Korea filed an appeal on 9 April against a WTO panel report in the case brought by Japan in “Korea — Import Bans, and Testing and Certification Requirements for Radionuclides” (DS495). The panel circulated its report on 22 February 2018. Read more 

    WTO issues panel report regarding Korean duties on pneumatic valves from Japan

    WTO: On 12 April the WTO circulated the panel report in the case brought by Japan in “Korea — Anti-Dumping Duties on Pneumatic Valves from Japan” (DS504). Read more

    INTERNATIONAL

    (New Zealand) PM looking to start EU trade negotiations

    News ZB: Trade will be top of the agenda for the PM when she meets with French President Emmanuel Macron in Paris later today. Read more

    The five biggest threats to the WTO

    Bloomberg: The World Trade Organization is facing the greatest crisis of its 23-year existence. President Donald Trump doesn’t believe the WTO can handle the problems created by China’s rapid economic ascent and is fundamentally challenging the rules that govern international trade. Read more 

    Mexico Pushes to Finish Trade Deal With EU This Month

    Bloomberg Politics: Mexican trade negotiators are pushing to finish work on an updated free-trade agreement with the European Union ahead of a trip by President Enrique Pena Nieto to the region later this month, according to three people familiar with the plan. Read more 

    IMF warns about trade war

    CNN Money: Calling on countries to steer clear of protectionism, IMF Managing Director Christine Lagarde said in a speech that the “system of open trade based on rules and shared responsibility is now in danger of being torn apart”. Read more 

    Kenya makes strong bid to host global trade chambers conference

    The Standard (Kenya): Kenya has put up a strong bid to beat its fiercest competitors, including Dubai, in hosting the largest global commerce congress in 2021. Read more

    Trump Proposes Rejoining Trans-Pacific Partnership

    New York Times: President Trump, in a sharp reversal, told a gathering of farm-state lawmakers and governors on Thursday morning that the United States was looking into rejoining a multicountry trade agreement known as the Trans-Pacific Partnership, a deal he pulled out of days after assuming the presidency. Read more

    Main-streaming blockchains in global trade

    Hindu Business Line: Distributed Ledger Technology (DLT), a concept of recording and sharing data across multiple data stores, or ledgers as they are popularly called, is an idea whose time has come. The concept of DLT was introduced through block chains in the famous paper by the elusive author known only as Satoshi Nakamoto in 2008.Read more

    More than half of the UK wants public vote on Brexit deal: survey

    Euronews: The majority of people in the UK want a “people’s vote” on the final Brexit deal, according to a new survey in which some 52% of respondents expressed support for the idea. Read more 

    Britain eyes former colonies to plug post-Brexit trade gap

    NBCNews: With Britain less than a year away from leaving the European Union, but yet to secure any new trade deals, London is eyeing former colonies for help fill its post-Brexit trading hole. Read more 

    U.S. Offers Compromise on Autos, Boosting Hopes for Nafta Deal

    Wall Street Journal: The Trump administration is hammering out a compromise on auto-industry rules at the center of the North American Free Trade Agreement, increasing the chances that the U.S., Mexico and Canada can reach a deal this spring to revise the pact. Read more 

    Brussels mulls offer of trade deal to Trump, if he drops tariff threat

    Politico: The European Commission is developing a plan to offer Donald Trump the prospect of a trade deal with the EU in exchange for a permanent exemption from U.S. steel and aluminum tariffs, according to five EU officials and diplomats. Read more 

    BONUS

    WTO Press Conference on Trade Outlook

    Audio available here.

    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.

  • Plastic Waste Emergency in Caribbean Sea: What is the Region Doing About It?

    Plastic Waste Emergency in Caribbean Sea: What is the Region Doing About It?

    Alicia Nicholls

    The 2.75 million square km Caribbean Sea’s ecological value is perhaps only outweighed by its economic value to the countries and territories, many of which are small island developing states, whose major industries and the livelihood of their populations depend on the health of the marine environment.

    A 2016 World Bank Report entitled Toward a Blue Economy: A promise for Sustainable Growth in the Caribbean estimated the total gross revenues of the Caribbean ocean economy at US$407 billion based on 2012 data. Considering only the Caribbean small island States and territories, these gross revenues were estimated at US$53 billion, equivalent to over 18 percent of the total GDP for all Caribbean Island States and Territories in 2012″, according to this report.

    Threats to the Caribbean Sea are numerous, but one of the biggest is the accumulation of plastic waste material.  The above-mentioned World Bank Report noted that the Caribbean Sea “is estimated to have relatively high levels of plastic concentrations compared with many other large marine ecosystems”.

    Major culprits are plastic shopping bags, as well as Styrofoam containers and plastic cutlery which are commonly used by street food vendors, food establishments and at festivals and parties. These materials take hundreds of years to decompose, while in the meanwhile clogging drains and being blights on the beaches and other landscape. Plastic waste is often transported through waterways into the ocean via normal rainfall or flooding, and poses serious danger to marine life and coral reefs, with knock-on effects for fisheries, food security and tourism.

    Legislative approaches

    Several countries in the Caribbean have taken steps to tackle the plastics problem. Haiti was among the first, banning the importation, marketing and sale of plastic products in 2012 by presidential decree, with mixed results.

    In 2016 Guyana banned the importation, sale and manufacture of expanded polystyrene products (styrofoam) and its regulations have served as a model for several other countries. Bans on the importation, sale and/or manufacture of various plastics have also been done in Antigua & Barbuda, Aruba, St. Vincent and the Grenadines, and the US Virgin Islands.

    In Antigua & Barbuda, for instance, the External Trade (Shopping Plastic Bags Prohibition Order) of 2017 prohibited after June 30, 2016 the importation, distribution, sale and use of shopping bags, except for those set out in the schedule. Another order, the External Trade (Import Prohibition) Order of 2017 takes a phased approach to banning certain polystyrene items, such as food service containers, utensils and the like. However, airline carriers, private charters and passenger cruise vessels are exempted from these rules. According to news reports, while larger retailers have been generally adhering to the ban, achieving compliance by some small retailers has been more challenging.

    Some other Caribbean countries are also contemplating similar measures. In 2017 the Government of Jamaica appointed a multi-stakeholder committee to make recommendations regarding plastic and Styrofoam. A petition has been launched by activists in Trinidad & Tobago for banning plastics.

    Market-based approaches 

    Market-based approaches have also been used to a limited extent, such as imposing point of sale charges for plastic bags as a disincentive to consumers. In Barbados, for example, a well-known environmental charity lobbied to have retailers charge consumers extra for plastic bags, and to encourage consumers to opt for reusable bags, with some limited success.

    Lessons Learnt So far 

    1. Strong enforcement and monitoring are needed to ensure compliance with the regulations. Under the Guyana Regulations, for example, the Environmental Protection Agency is empowered to conduct inspections and investigations to ensure compliance with the ban.
    2. Fines should be high enough to serve as a deterrent to non-compliance. In the US Virgin Islands, businesses found to be in violation are liable to a civil fine of not less than US$500 nor more than US$1,000 for each day of violation.
    3. Fines collected should be allocated towards some kind of environmental fund, environmental or waste management improvement agencies or programmes. Under the US Virgin Islands’ legislation, the monies collected are to be allocated as follows: 75 percent to the Virgin Islands Waste Management Authority; and 25 percent to the General Fund of the Treasury of the Virgin Islands.
    4. The penalty for non-compliance is generally fines or a term of imprisonment. However, community service is another option which could be used.
    5. Resistance by consumers and some business owners has delayed the implementation of the bans in some cases. Retailers incur losses from unused stock, and some consumers see the measures as an inconvenience or just another  tax. A phased approach is, therefore, preferable to allow retailers, wholesalers and the like time to get rid of as much of the stock, and shift to more environmentally-friendly products, while also giving the relevant implementing agency and civil society time to educate the public about the importance of the measures to be introduced. A possible option is also the issue of incentives, such as tax waivers for the importation of environmentally-friendly substitutes.
    6. As such, legislative and/or market-based approaches have to be married with strong stakeholder engagement, public education and sensitisation campaigns to change ingrained cultural behaviours and attitudes towards the use and disposal of plastics, to educate the public about the environmental harm caused by marine waste, to encourage public buy-in and to show persons more environmentally-friendly alternatives. To this effect, the Guyana Regulations mandate the Environmental Protection Agency to “offer guidance on, promote and encourage the utilisation of recyclable, biodegradable and other environmentally friendly products as containers, or packaging for food products”. The St. Vincent & the Grenadines Regulations also provide for the same.
    7. On-going monitoring of the impact of these measures is crucial in order to determine their effectiveness and what adjustments are needed in ensure the desired results are being  obtained. This requires conducting an adequate baseline study before the measures are implemented and collecting data on a regular basis.
    8. Besides curbing plastic consumption, another problem is proper waste management. Latin America and the Caribbean accounted for 12% of waste generation by region per year, according to a World Bank publication. According to the publication, “the total amount of waste generated per year in this region is 160 million tonnes, with per capita values ranging from 0.1 to 14 kg/capita/ day, and an average of 1.1 kg/capita/day.” Within this grouping, the largest per capita solid waste generation rates are found in the islands of the Caribbean, the Report notes. As such, encouraging individuals, households and businesses to reduce their waste, recycle and to find more environmentally sustainable ways of managing waste is vital.

    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.