Category: Trade

  • Caribbean Trade and Development Digest – January 1st-7th, 2017

    Caribbean Trade and Development Digest – January 1st-7th, 2017

    Photo source: Pixabay

    Welcome to the first Caribbean Trade and Development Digest for 2017!  I am pleased to share some of the major trade and development headlines and analysis across the Caribbean region and the World for the weeks of January  1-7, 2017. 

    For past issues of our weekly Caribbean Trade & Development Digest, please visit here.

    To receive these mailings directly to your inbox, please follow our blog.

    REGIONAL

    Barbados sets new tourism record 

    Caribbean News Now: A new tourism record was set for 2016 when 610,000 long-stay visitors visited Barbados. Read more

    Changes to Citizenship by Investment programme (St. Lucia)

    St Lucia Times: On December 22nd, 2016, the minister to whom citizenship by investment is assigned signed a statutory instrument making amendments to the Citizenship by Investment Regulations No. 89 of 2015. Read more 

    PM advocates OECS approach to CIP 

    St. Lucia Times: Prime Minister, Allen Chastanet, has voiced support for an OECS approach to the Citizenship by Investment Programme (CIP), being offered by some member states of the group. Read more

    IDB approved billions for Latin American and Caribbean projects in 2016 

    Nation News: The Inter-American Development Bank (IDB) says it had provided US$11.7 billion for various projects in Latin America and the Caribbean in 2016.Read more

    First Cuban exports to US in more than half a century to mark new era of trade 

    Caribbean News Now: Reneo Consulting LLC announced on Thursday that its subsidiary company Coabana Trading LLC has finalized an agreement with Cuba Export to import into the United States marabu (sickle bush) charcoal produced in Cuba.  Read more 

    The View from Europe: The US should respect the WTO ruling on Antigua

    David Jessop: Late last November, the government of Antigua gave notice to the World Trade Organisation’s (WTO) Disputes Settlement Body (DSB) that, if the United States did not reach “an appropriate and beneficial settlement” in relation to a legal adjudication made previously in its favour, it would act to recover the revenue it has lost. Read more 

    Dominican mining exports top US $6.5B in 6 years 

    Dominican Today: The Dominican mining market exported US$6.5 billion as a result of extractions between 2010 and 2016, foreign sales heading led by the international transaction in gold worth US$4.9 billion in the five years, according to a document by the Energy and Mines Ministry (MEM). Read more

    Dominican Republic: Two decades of legal change in favor of foreign investment

    The National Law Review: For approximately 16 years now, the Dominican Republic has been implementing a continued legal reform to adjust its legal framework to international standards, specifically aiming to attract foreign investors. Read more 

    Progress being made (with CRFM)

    The Advocate: Still a long way to go but making progress. This is how Executive Director of the Caribbean Regional Fisheries Mechanism (CRFM), Milton Haughton, described the work being made toward introducing region-wide laws, rules and regulations intended to make Caribbean fish and seafood not only ready for world trade but safe for Caribbean tables. Read more
    Regional group welcomes conclusion of regulatory project for CARIFORUM countries
    Jamaica Observer: The Belize-based Caribbean Regional Fisheries Mechanism (CRFM) says it has successfully completed a project aimed at helping Caribbean Forum (CARIFORUM) countries to improve the safety of fish and fishery products for consumers in national and export markets, and several activities. Read more 

    REGIONAL

    NZ highlights Free Trade Agreement gains with Korea

    TVNZ: Trade Minister Todd McClay is highlighting gains made in a free-trade agreement with Korea as he looks to make progress in getting one with the European Union. Read more 

    UK’s Brexit approach is not muddled at all, says Theresa May

    The Guardian: PM defends her government’s approach against charge by Sir Ivan Rogers, the UK ambassador to the EU who quit last week. Read more 

    UK ambassador to the EU Sir Ivan Rogers resigns 

    BBC: The UK’s ambassador to the EU, Sir Ivan Rogers, has resigned. Sir Ivan, appointed to the job by David Cameron in 2013, had been expected to play a key role in Brexit talks expected to start within months. Read more 

    Container ship fleet growth expected to accelerate in 2017

    JOC: The global container ship fleet will grow around 3.1 percent in 2017, a level of growth faster than 2016, and one that may or may not increase the gap between container shipping demand and supply, according to shipowner association Bimco. Read more 

    5 International Arbitration Cases to watch in 2017

    Law360: International arbitration attorneys will be keeping a close eye on the proceedings involving former Yukos shareholders as they seek to revive their historic awards totaling $50 billion against Russia, a trio of interrelated cases involving Belize in the U.S. Supreme Court, and other disputes that could affect the arbitration and enforcement landscape for years to come. Read more 

    Ghana ratifies the Trade Facilitation Agreement

    Pacific Scoop: Ghana has ratified the Trade Facilitation Agreement (TFA), making it the 104th WTO member to do so. Only six more ratifications from members are needed to bring the TFA into force. Read more 

    Minister: Malaysia ready to face possibility of TPPA cancellation

    Malay Mail Online: Malaysia is ready to face any eventuality arising from the possibility of the Trans Pacific Partnership Agreement (TPPA) being scrapped. Read more 

    US imports rose in 2016 despite adversity

    JOC: The US container trade in 2016 expanded an estimated 3.6 percent to a record of approximately 20.4 million 20-foot-equivalent units on the back of subdued import prices and further gains in home sales.Read more

    The WTO option for Brexit is far from straightforward

    The Economist: The two sides of the Brexit debate do not agree on much, but they agree on this: if Britain fails to reach a trade deal with the EU it will have to revert to the “WTO option”. Read more 

    Good Prospects for RCEP to wrap up negotiations this year 

    The Star: The Regional Comprehensive Economic Partnership (RCEP), involving 16 countries including Malaysia, has good prospects to wrap up negotiations in 2017, said HSBC Bank plc. Read more

    Free Trade Agreement: Pakistan, Malaysia in talks to cut duties

    The Express Tribune: Pakistan and Malaysia are negotiating to further reduce duties on existing and additional tariff lines under the Free Trade Agreement (FTA) to facilitate businesses of both countries.Read more

    Trump taps Lighthizer for Trade Representative

    The Hill: President-elect Donald Trump will nominate Robert Lighthizer for U.S. trade representative, his transition team announced early Tuesday. Read more 

    US-NAFTA trade falls in October, reports BTS

    Logistics Management: US trade with North American Free Trade Agreement (NAFTA) partners Canada and Mexico fell 3.6 percent to $93.2 billion on an annual basis in October, according to data issued by the Department of Transportation’s Bureau of Transportation Statistics. Read more 

    NEW ARTICLES ON CTLD BLOG

    New articles on the CTLD blog are:

    Trump Trade Team Poised to Reset US Trade Policy

    Seven Major Trade Developments of 2016: Trade Year in Review & Look Ahead

    Fathering a Nation: Barbados and the Legacy of Errol Walton Barrow 

     

    For past issues of our Caribbean & Trade Development Digest, please visit here. To receive these mailings directly to your inbox, please follow our blog.

  • Trump Trade Team poised to reset US Trade Policy

    Trump Trade Team poised to reset US Trade Policy

    Photo source: Pixabay

    Alicia Nicholls

    Just three weeks shy of his inauguration date, United States President-elect Donald Trump has completed his trade team by nominating veteran trade lawyer and negotiator, Robert Lighthizer, as the next United States Trade Representative (USTR). Last month the President-elect had announced Wilbur Ross Jr as his Commerce Secretary nominee and Peter Navarro as head of the new White House Trade Council.

    A cabinet-level office, the Office of the USTR is responsible for developing and coordinating US trade and investment policy and overseeing negotiations with third countries. Mr. Lighthizer’s pick comes as no surprise as he was an early Trump supporter. Moreover, a former deputy USTR in the Reagan Administration, Mr. Lighthizer is the most qualified of Mr. Trump’s nominees to date, bringing considerable technical expertise and professional experience to the post of USTR. Currently a partner with law firm Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, he also served as the Chief of Staff of the United States Senate Committee on Finance. Mr. Lighthizer will be taking over from current USTR under President Obama, Michael Froman. One of his first tasks from day one will likely be working on the renegotiation of the North-American Free Trade Agreement (NAFTA) as promised by President-elect Trump in his 100 days proposal.

    Mr. Lighthizer’s conservative views on trade, including his criticism of free trade, are in consonance with the President-elect’s binary trade views, as well his hard-line position on China’s so-called currency manipulation. Mr. Lighthizer also had some harsh words for the WTO’s dispute settlement system in regards to dealing with what he had termed China’s “mercantilism”.

    His choice of the word “mercantilism” is curious as it can actually be used to describe Mr. Trump’s “America first” stance on trade. Mercantilist theory, prevalent during 16th century Europe and also refined by Alexander Hamilton during the US’ post-independence period, views trade in a zero sum way, that is, only one country can win in trade. It favours the use of protectionist policies, such as tariffs, subsidies and quotas, to protect domestic industries from foreign competition.

    Granted lingering traces of protectionist practices are not alien in current US trade policy and all modern “great powers” have used mercantilist policies to develop in their early stages (see the works of Professors Erik Reinert and Ha-Joon Chang for greater information on this). Just consider the protection given to sensitive sectors like agriculture. This is true not just for the US but for most other trading nations as well. However, in the last three decades US trade policy has been guided (if not always in practice, at least in theory) by neoliberal tenets, based on the works of Adam Smith and later David Ricardo, which extolled the benefits of free markets and became the dominant economic theory. However, while trade is a good thing, there are winners and losers, and the “losers” made their voices known this election, and increasingly in other western states.

    Capitalising on the populist backlash to free trade, Mr. Trump’s trade team seems poised to break with this three-decade old policy stance towards a more neo-mercantilist disposition, with an emphasis on positive trade balances, and a proclivity for the use of protective and retaliatory tariffs to discourage imports in order to protect American jobs and industries and punish “cheaters”. On this front at least, Mr. Trump has tremendous popular support, especially in the rust belt, at home.

    So what can we in the rest of the world expect? We can probably expect greater confrontation by the US with China on trade matters. We can expect even more aggressive US pursuit of countries in general believed to be engaging in “unfair trade practices” (and the USTR has already been doing this through the WTO’s dispute settlement system), However, there might be less emphasis under the Trump administration on utilising the WTO’s rules-based system and a resort to unilateral action, with the possibility of trade wars.

    Perhaps, one saving grace is that the US Congress alone has the power to impose tariffs, although this CNN Money article notes there are several pieces of legislation which give the President some flexibility, for example, during “times of war” or during “a national emergency”.

    As I have said in previous posts on Trump’s trade policy, President-elect Trump has changed his positions on many things so there is still great uncertainty about which of his policy proposals he will seek to implement. However, if the Carrier deal were not enough to show that Mr. Trump’s “America first” trade policy is more than mere bloviating on his part, his protectionist-leaning trade team confirms his intention  to shake up American trade policy, and not just in optics.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is a 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.

     

  • Happy 2017! New on the CTLD Blog

    Happy 2017! New on the CTLD Blog

    Photo source: Pixabay

    Alicia Nicholls

    Happy 2017, dear readers! I trust you and your families had a wonderful holiday season, whether you celebrate Christmas, Hanukkah, Kwanzaa or otherwise!

    With a new year comes new changes so here is what is new on the CTLD Blog for 2017:

    • I updated the Papers & Articles section of the blog with my newest publications. Please check them out and keep tabs on this page as I have several articles coming out this year.
    • There is now a Guest Contributions page for readers who may be interested in being featured as guest authors. Hitherto, guest contributions were by invitation only.
    • CTLD also has its own Facebook page now which you can check out and ‘Like’: https://www.facebook.com/caribbeantradelawdevt

    I will be continuing the weekly Caribbean Trade & Development Digest which highlights major trade and development headlines across the Caribbean Region and the World. To receive these mailings directly into your inbox, please follow the Blog.

    Thank you again for your continued readership.

    Here’s wishing you all a happy and healthy 2017! And may all your resolutions be fulfilled!

    Best regards,

    Alicia 

    Caribbean Trade Law & Development

  • Seven Major Trade Developments of 2016: Trade Year in Review & Look Ahead

    Seven Major Trade Developments of 2016: Trade Year in Review & Look Ahead

    Alicia Nicholls

    Popular support for global trade took its greatest hammering in 2016 than it has in recent times.  Below are seven of the major international trade developments in 2016 and some thoughts on what 2017 may bring.

    1.Continued slowdown in Global Trade Growth

    Global merchandise trade growth continued to be lacklustre in 2016, according to the World Trade Organisation (WTO). The WTO in its September update downgraded its forecast for global trade growth for 2016 to 1.7%  from the April forecast of 2.8%, and for 2017, to between 1.8% and 3.1% from the April forecast of 3.6%.

    According to the Director General Roberto Azevedo in his Annual Report, if realised, this would be the slowest pace of global trade growth and output since the global financial and economic crisis in 2008. The reasons proffered were a fall in import demand and a slowdown in global GDP (particularly among emerging economies such as China and Brazil but also some deceleration in North America).

    Trade restrictive measures remain high. According to the DG’s Annual Report, 182 new trade restrictive measures (outside of trade remedy measures) were put in place by member states since the last report. The monthly average represented a reduction from 2015 but the Director General cautioned that “this does not mean that we are on a downward trend. Rather, it seems to be a return to the somewhat steady levels we have witnessed since 2009.”

    2. UK votes to leave the European Union 

    The first political bombshell of 2016 came on June 23rd when voters in the United Kingdom voted for the UK to withdraw from the 28-member European Union, its largest trading partner. Then UK Prime Minister, David Cameron, who backed the “Remain” camp, voluntarily resigned after the result.

    The value of Sterling has fallen significantly since the Brexit vote, improving the price competitiveness of UK exports. A BBC report noted that in the three months following the vote, the UK economy grew 0.5% on average, which while slower than the previous quarter, was higher than the rate predicted by many economists. However, the vote has created a climate of uncertainty not just with regard to the City of London’s future as the financial hub of Europe,  but also what level of access UK exporters would have to the EU single market once a withdrawal agreement is concluded pursuant to Article 50 of the Lisbon Treaty. In other words, will there be a “hard” or “soft” Brexit ?

    The new Prime Minister, Theresa May’s slated timeline of making the Article 50 notification by the end of March 2017 is now in doubt. The UK High Court held in R (Miller) v Secretary of State for Exiting the European Union that a parliamentary vote was needed which may extend the timeline (and that is if Parliament votes in favour of making the notification). The May-led government appealed and the UK Supreme Court is expected to render its judgment in R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references early this year.

    3. Donald Trump is elected US President

    In another unexpected political twist, billionaire businessman, Donald Trump, defeated establishment favourite, democratic nominee Hillary Clinton, in the November 8th US Presidential election poll. President-elect Trump will take office on January 20, 2016 but already many have questioned what will be the US’ new trade orientation in light of Mr. Trump’s trade policy proposals during and since the campaign.

    Both Canada and Mexico have indicated their willingness to come to the negotiating table in regards to renegotiating the North American Free Trade Agreement (NAFTA). It is not clear what will be the fate of the Trans-Atlantic Trade and Investment Partnership (TTIP) which was being negotiated between the US and the EU or any of the fourteen other free trade agreements under negotiation by the US. Additionally, the nature of the US’ continued involvement in the plurilateral negotiations of the Trade in Services Agreement (TISA), the Environmental Goods Agreement (EGA) and the Fisheries Subsidies Agreement, is uncertain.

    There are also concerns about a possible trade war between the US and China. Mr. Trump has promised to name China a currency manipulator and has also stated he would impose a tariff on Chinese imports.

    4. EU & Canada sign CETA 

    One agreement does appear to have bucked the trend. After nearly being derailed by the Belgian region of Wallonia, the Comprehensive Economic and Trade Agreement (CETA) was finally signed by the European Union and Canada in October, 2016. The Agreement will need the approval of the EU and Canadian parliaments into order to take full effect.

    One major question is what impact will the UK’s possible impending departure from the EU have on CETA especially given that the UK is Canada’s largest EU trading partner. A Bloomberg report quotes Canada’s Trade Minister, Chrystia Freeland, as stating that once the European Parliament passes CETA, Canada will have a trade deal with Britain which can be built on. There would be no need for a separate trade agreement with the UK.

    5. Maersk acquires Hamburg Süd

    The world’s largest shipping company Maersk acquired the German container shipping line, Hamburg Süd, the world’s seventh largest operator. It was noted in the press release announcing the acquisition agreement that Hamburg Süd would continue as a separate brand. The Wall Street Journal reports that the deal, which is estimated to be worth $4 billion dollars, would boost Maersk’s presence on North-South shipping routes and would make the shipping company the leading player in and out of Latin America.

    Overcapacity due to larger vessel capacity but weaker demand has plagued the global container shipping industry and has seen declines in global shipping rates. According to a report by American Shipper, credit rating agency Moody’s “holds a negative outlook for the shipping industry in 2017”. With declining profitability, it is likely that more mergers and acquisitions may follow in order to create scale in an industry which remains quite fragmented.

    6. Paris Climate Agreement comes into effect

    The Paris Climate Agreement, agreed by 195 countries at the UNFCCC’s COP21 in December 2015, came into effect, which is great news for the planet and especially for small island developing states and coastal states which are the most vulnerable to the ravages of climate change.

    While there is concern about whether the incoming US administration will adhere to the Agreement, the Agreement’s entry into force will have several possible impacts on global trade trends. Firstly, there may be increased trade in climate-friendly and renewable energy products as businesses and countries seek to reduce their carbon footprint in line with commitments made by countries under Nationally Determined Contributions and in line with businesses’ corporate social responsibility goals. Concomitantly, there might be reduction in trade in fossil fuel and other environmentally dangerous products.

    More trade disputes are likely as a result of climate change policies implemented by member states which may be deemed to be protectionist or discriminatory to other member states’ exports. The challenge for states will be in crafting environmental policies to promote a low carbon economy which also conform with their trade obligations.

    7. Oil producing nations reach deal to cut oil output 

    On November 30, 2016 oil producing nations, including member countries of the Organisation of Petroleum Exporting Countries (OPEC), reached a deal for the first time since 2008  to cut back oil production in order to stem a two-year glut. According to Wall Street Journal reporting, the deal would lead to 558,000 barrels less of crude oil per day and represents almost 2% of global oil supply. Saudi Arabia, the largest producer, has committed to cutting  back its output by 4%, according to The Economist’s reporting.

    Oversupply has led to two years of oil prices dropping to unprecedented lows, to the detriment of some oil-producing economies, most notably Venezuela but a much needed reprieve for oil importing nations. In the wake of the announcement, the price of Brent crude surged to over $50 a barrel, the highest in over a year. However, both oil prices and WTI futures fell shortly thereafter amidst skepticism about whether output would actually be reduced in light of higher output by oil-producing countries that same month.

    The “success” of this deal depends on several factors, including to what extent can an increase in US shale production compensate. Recall also that President-elect Trump has also promised to increase US production in order to ensure energy dependence. It will also depend on whether Russia will follow through with cutting output, and whether OPEC members themselves actually adhere to their own proposed production cuts.

    So what does this deal mean for trade? For starters, expect higher fuel costs to lead to higher freight  and production costs.

    What does this mean for 2017?

    In light of the above, what does 2017 portend? At the time of this article’s writing, we are just hours into 2017. The good news is that we are ever closer to the Trade Facilitation Agreement coming into force.

    However, the biggest buzzword for 2017 is uncertainty. A growing rise in populist anti-trade, anti-immigrant fervour has led to the election of Donald Trump, while anti-EU sentiment was one of the contributing factors underlying the UK Brexit vote. Will the election of anti-EU, anti-trade governments continue and what does this mean for the future of that trade bloc? Several European elections scheduled for 2017, including the French presidential elections (with the leader of the right wing Front National, Marine LePen, a strong candidate), the German presidential and parliamentary elections and the Netherland elections.

    Besides this, will the UK actually make its Article 50 notification? Will Donald Trump follow through with his promise to jettison the TPP and renegotiate NAFTA and will there be a trade war between the US and China? What about global trade? Will we see a pickup this year? Turning to the multilateral trade negotiations, what progress (if any) will be made at the WTO’s Buenos Aires ministerial this December? Will OPEC members follow through with the proposed cuts? No one knows.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is a 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.