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The EU, Cancún & the Future
of Doha Development Agenda
by Pascal Lamy, EU Trade Commissioner, 28
October, 2003 |
The above was the title of the lecture that Pascal Lamy, EU Trade
Commissioner, gave in London on 28 October, 2003 for Journal for
Common Market Studies. Reflections on Cancún continue even
as every country reiterates its desire to resume the stalled multilateral
trade talks. But their differences in perspectives continue to be
wide, as can be gleaned from Mr. Lamy's views below, excerpted from
his address.
"The intention today had been to give you some serious reflections
on governance issues, including economic governance, across a rather
broad front. This is a topic which continues to interest me enormously,
and I had indeed prepared some rather detailed remarks on this,
and I have also written some rather provocative comments about economic
governance issues which stirred a bit of public comment, including
over here. But I have decided to put aside my planned remarks, because
we agreed all this as a game plan long, long ago, long before a
WTO Ministerial meeting happened in Cancún, way back in September
of this year, and at a time when we all frankly thought that Cancún
would work. But it did not. And now that we are officially in the
"post Cancún" period, I rather thought it would
be more interesting for this audience to set out my own reflections
on where matters stand, and where they should move to next. As I
hope you will see, the connection with issues of governance is by
no means negligible.
Who killed Cancún?
Although the statute of limitations for analysis of what happened
in Cancún has nearly expired, it remains the starting point.
It is impossible to start to tackle the basic choices about what
to do next unless we understand that the explanations about what
happened in Cancún fall into two broad groups.
The first group of explanations suggests that Cancún was
an accident. Two cars, or three cars, or indeed 148 cars, collided
on the way to a wedding. Casualty levels still not clear. Road currently
blocked, but the police are on the way with heavy lifting equipment.
And when the road is clear, providing everyone can still remember
the way to the wedding, and providing that everyone is still in
the mood, well, then maybe we can still go, there'll still be plenty
to eat and drink.
Of course, rather than my own rather clumsy, indeed tawdry, metaphor,
there are plenty of good historical antecedents for this theory
that accidents can have major impacts on history. The accident of
Cleopatra's nose was just too elegant, driving Julius Caesar to
madness and war. At least that is what I recall from my careful
study of Asterix battling the Romans. Or the accident of the beauty
of Helen of Troy was such that it alone could launch a ten year
war. Had it not been for her beauty, Odysseus could have stayed
at home with his dog, and indeed his wife, thus ruining the basic
plot of not one but two rather good books.
In Cancún terms, this sort of "explanation of the fates"
suggests that we were sort of on track, we might have made it, and
we were just a long night's negotiation away from success. My teasing
references to car crashes and Greek myths aside, this group of explanations
is not wholly irrelevant.
The Geneva preparation of the Cancún meeting had not been
bad, under the careful helmsmanship of Perez del Castillo in particular
(although Geneva, seemingly like everyone else, collectively missed
cotton); the EU and the US had done what everyone had asked them
to do, and had come up with a framework deal on agriculture; and
so on. But the difficulty is that most theories of this kind tend
to put too much weight on the role of individuals in the system.
So they usually go on either to blame the Chairman, unfairly in
my view; and / or to suggest that one or other player made a tactical
judgement at a key point.
The second set of explanations play down the sense of Cancún
as an accident, except in the sense of an "accident waiting
to happen". They downplay the role of individuals, and the
sense that everything was going fine in Cancún until nearly
the very end. They tend to suggest that there are serious underlying
problems that we have to resolve before we can move on. For example,
just consider the systemic issues thrown up by the relatively recent
emergence of new groups inside the WTO, new groups in which developing
countries are setting the agenda.
The G20, for example. As I have said already, it is a mistake to
see the G20 group of nations, led as it was by Brazil, India and
China, as simply an agricultural phenomonen which emerged in response
to the perceived iniquities of the EU-US text on which some of us
spent so many days and nights in August. If the mother of the G20
is agriculture, the father is clearly geopolitics. And in many respects,
we have to respect, even welcome, the emergence of the G20 which
is self-consciously positioning itself as a counterweight to the
G8 in terms of global economic governance. But the paradox is that
if united only by politics and agriculture, or parts of the agriculture
dossier, it will struggle to thrive as a unifying force on trade
when their agendas differ so markedly.
Everyone talks about the G20 these days, but in my view there is
not nearly enough attention paid to the G90 - the group of African,
Caribbean and Pacific countries together with other least developed
nations. Their concerns, their demands were certainly less visible
for a long time, certainly less audible until the plenary session
on the Saturday night in Cancún when delegate after delegate
stood up to denounce the text produced by Derbez whether on cotton,
Singapore issues or the general lack of fairness of the text to
the developing world. To put it very bluntly, this large, rather
inchoate group of WTO members simply did not have a large enough
stake in these negotiations to want them to succeed. They were particularly
worried about the impact of the certain erosion of their trade preferences,
notably on the EU market, of continued liberalisation at a multilateral
level. Moreover, they were satisfied, before the conference, to
have under their belts, so to speak, the agreement on TRIPS and
medicines, which had "repaired" the problem for them.
And so we must perhaps confront a systemic question: was Cancún
really about a north-south confrontation, long coming, barely visible
beforehand, a tidal wave of trade resentment blown on the winds
of political schism following the Iraq crisis of the last year ?
In some respects, yes, if we focus on the detail of the trade issues.
Clearly, the G20 was opposed to "the north" on agriculture.
Clearly the Africans were viscerally opposed on cotton. And undoubtedly
there was a common, if not universal, theme of opposition in the
G90 to the Singapore issues which were obviously close to our heart.
But in other important respects, no. A simple north-south explanation
miss the point that 40% of world trade is south-south, a percentage
which frankly should be higher. North-south explanations miss the
reality of the detail.
On Geographical Indications, the EU, India, Morocco and Thailand
fought together against New World countries. On the Convention on
BioDiversity, the line-up was China, and India, backed by the EU.
And even on an "old" trade issue like anti-dumping, where
traditionally developed countries held the line against cheap imports
from developing countries, more than half the total AD cases are
now initiated by developing countries, and our own position in these
negotiations, frankly, is rather closer to the position of south-east
Asia than the US.
Even on agriculture, where the UK press loves to gorge on stories
which "prove" how the CAP is irrevocably opposed to the
interests of developing countries, you need to consider, step by
step, the moves we have made just this year towards developing countries
following the CAP reform which was decided in June. To name just
two examples, we have accepted, for the first time, the elimination
of export subsides on products of interest for developing countries,
and we have accepted that so-called blue box subsidies, even though
less trade distorting than some, should be capped.
My friend Alec Erwin spoke in London only last week on this question
of a north-south split, and according to the august columns of the
Financial Times, which I always read with great attention, the only
reason north-south divisions appeared was because the EU and US
had been (and I quote) "silly" because "we had ill-advisedly
politicised that risk". Well I am - as often - not quite sure
what Alec means because he is a very clever guy, but on this point,
I agree: there was no systematic north-south split.
So if there was not a systemic north-south confrontation in Cancún,
at least not on all the issues in Cancún, then what was going
on ? In my view, a melange of different things. The key traditional
supporters were not always at their best. For example, the United
States remained generally positive, but public opinion, and the
US Congress, remain uncertain supporters of a Round and of the multilateral
system in particular. Cotton proved to be a difficult issue for
the US to handle in Cancún. More generally, and not just
in the US, a generalised fatigue with the constant pressures and
challenges of globalisation in general, and trade liberalisation
specifically, affected all of us.
Then there was China. Through no fault of her own, China's capacity
to produce and seemingly bottomless comparative advantage, scares
the living daylights out of not just the United States Congress,
but also a number of developing countries. One such developing country,
having for years argued fiercely against EU interest in some WTO
role for core labour standards, actually came to us and said that
we might now need to start thinking about action against China because,
the country alleged, a number of textiles were being produced in
sweat-shops. In other words, if you are already worried about China's
ability to scoop the pool, the last thing you want is trade liberalisation.
Finally, - and perhaps we in the EU must recognise this as well
- there was a general difficulty in addressing rules to address
what are rather wide differences in collective preferences.
If we then add to these other, myriad, systemic problems, the institutional
problems which exist for the WTO itself. To put it mildly, the WTO
is not a paradigmatic mix of efficiency and legitimacy, is not the
perfect modal of global governance that we would all like to see.
On which subject, more in a minute.
So where next?
But where next ? To remind you: I have offered you this lengthy
detour of analysis through two competing models of explanation of
the failure of Cancún by way of demonstrating that adherence
to either one takes you in very different directions.
The "car crash" theory suggests Cancún was little
more than a "small local difficulty" to quote from an
episode - alas, I have forgotten which - from the UK's imperial
past. It suggests that we simply have to get up, brush ourselves
down, remount the horse and press ahead regardless with the negotiations,
perhaps with a decent down-payment of early concessions up-front
to stress our bonne volonté, our determination to bring the
Round, come what may, to an early conclusion.
The second theory suggests that hard thinking is needed before you
jump back on the horse, lest you fall off again, or ride off in
the wrong direction. In all honesty, I suggest to you that some
serious thinking is needed post-Cancún, and that all sides
would benefit from some reflection.
Let me give you just one example. In Cancún, on the Saturday
afternoon before the denouement, the chairman of the Ministerial
meeting, Luis Ernesto Derbez, produced a long awaited compromise
text, the so-called draft of 13 September. It was a good effort,
in many ways. It caused us a lot of difficulties, notably in agriculture.
But it would be true to say it caused a lot of countries difficulties
in different ways. Where it fell down badly was in failing to capture
the middle ground on issues like cotton, where it took a strongly
pro-US line. At the lengthy meeting in the evening and early morning
which followed, delegation after delegation took the floor to denounce
the text as a travesty of justice, as an affront to every developing
country, as a heresy of enormous magnitude. At the end of Cancún,
the 13 September text looked dead and buried.
But now, if I correctly understand the statement which came out
of the APEC summit this week, the US and 20 other Pacific Rim countries
are ready to re-launch
on the basis of the Derbez text. That
also seems to be the position of some other members of the G20.
I am left to wonder, rather, what magic dust has been shaken over
a text so roundly rejected in September, to find it so roundly endorsed
in October. India, as so often, brought us back to earth. Perhaps
the magic dust does not work down there. Minister Jaitley is reported
to have said, again, last week, that the text "completely failed
to gauge the mood in Cancún", and "only favoured
the development of developed nations".
Another example from the "quick re-launchers". Some of
them say it is even simpler. They say: we are ready to re-launch
if everyone else is ready to show the flexibility that we have shown.
Indeed, Celso Amorim, who is really the cleverest of all of us Trade
Ministers, even manages to link the two ideas together: we, Brazil,
are ready to re-launch the Round on the basis of the Derbez text
and
that just shows how flexible we are: if only others would show such
flexibility as Brazil, then the Round would be already concluded,
etc, etc.
Celso is very good at playing the flexibility game, but he is rather
less good at recognizing what we have contributed to the search
for consensus. For our part, the European Union has moved, and moved
again, across the board, starting with core labour standards, which
we had to accept would not form part of the Doha agenda in 2001,
continuing with agriculture, which I have already talked about,
and finishing with services, where - for example - we have done
our very best to accommodate developing country interests by making
offers on the temporary movement of workers.
As I have said to Celso, I would love to discuss what more I could
do in this area, for example, but it would help if Brazil would
even now table an offer on services, which it should have done by
the end of March on WTO timetables.
The EU consultation
But it would be quite wrong to believe that I see the issue in entirely
black and white terms. I understand why many people want to get
back to the negotiating table. It is understandable, it is in line
with their interests, and I just wish that more had reflected on
this fundamental point before Cancún.
But I also believe that a period of reflection, starting internally,
has been the right approach for the European Union. I think it has
been important for a number of reasons. First, because we need to
recognise that this is a major, major setback in policy terms, and
second, because the Commission does not make up policy on the hoof:
we can only reflect the support we get from our authorizing environment.
We needed to check back to see if the support was still there. So
we have been posing four questions, internally, and let me briefly
summarize for you where we have got to in the process. The goal
is to be ready by the time of the General Council meeting in Geneva
on 15 December, a date which was agreed in Cancún: before
then, we will have a further informal meeting with our Member States
on 2 December, and discussions with the Parliament, NGOs, the business
community
so our consultation is being properly nourished.
First question: should we continue to favour the multilateral
system as at present ?
Well here, on the authoritative basis of European Council conclusions,
I can tell you that the answer is
yes. I know that those European
Council conclusions get pretty long, and it can be pretty tedious
trawling through what feels like a telephone directory looking the
name of that elusive pizza parlour, but it's in there, in black
and white, and I am sorry Guy de Jonquieres missed the European
Council Conclusions when he was writing his long piece this week,
for they were rather positive.
It is perfectly understandable why this should be: multilateral
negotiations are a good fit for the European Union. More to the
point, they are by definition non discriminatory and thus do not
distort trade or sideline the weak; they are efficient and also
fair. They are also effective simply in negotiating terms: different
interests and preferences allow more issues to be moved forward,
particularly under the concept of the Single Undertaking.
But I cannot but note in passing that in the time since we have
been consulting on this question, there has been a lot of concern
amongst third countries as to whether the EU had somehow left the
negotiating table forever. That itself seems to have produced something
of a change in attitude, and one which I for one did not anticipate:
a more positive approach on the part of others.
One can but hope that a valuable lesson is thereby being learned
that multilateral negotiations need to be pushed along by everyone
in the system, and cannot be "sponsored" by just one of
the players.
So, as the European Council put it, rather well, if I may say so:
"the EU's commitment to the multilateral approach to trade
policy remains, and the EU should remain open to an early resumption
of the DDA negotiations". But "a commitment by all will
be indispensable to any successful resumption of negotiations".
Second question: should we continue to seek a balance between
market access and rules ?
This question is of course over-simplistic. There is a continuum
between "rules" and "market access" both in
theory and in the WTO. You might not know it if you listened to
Alec and Celso talk about the subject for half an hour, but "agriculture"
for instance, is not just about setting tariffs and tariff rate
quotas, but contains rather complex, very detailed, very technical
rules, including rules which facilitate market access, such as those
governing subsidies, for instance. And remember the role of collective
preferences in rule-making, in the WTO as elsewhere. Most of the
time, I hear scepticism over here as to rules-making. But animal
welfare ? Environment ? And of course, then there are the Singapore
issues: should the EU retain its commitment to push, within the
Single Undertaking, for binding multilateral negotiations on the
four Singapore issues: investment, competition, trade facilitation
and transparency in government procurement. I cannot yet answer
this question. Should we continue to insist on negotiations on all
four? On the face of it, this would be quite reasonable as a matter
of principle. Despite the commitment to negotiate all WTO members
made at Doha, we in the EU offered to drop two of the Singapore
issues in Cancún. Some other Member States, [including Malaysia],
showed some interest in such an approach, but others did not. Ultimately,
given that the whole Cancún package fell flat, we would be
perfectly justified in holding on to our existing position. Alternatively,
we might recognise that full political support for Singapore issues
remains elusive. It might make sense to accept, for example, that
one or more of the four issues should be the subject of some form
of negotiation with voluntary participation within the WTO. So this
remains an important issue for decision within the EU. There is
a difficult balance to be struck between our objective interest
in all four issues, and objective reality - what happened before
and at Cancún on these issues. But we will shortly bring
our ideas forward on this.
Third question: what do we do about developing country preferences
?
This question is probably the most difficult to answer in the short
term. But it needs to be considered because one major reason for
developing country, and particularly African, opposition to making
progress in Cancún lies in their perception that they had
relatively little to gain and relatively much to lose in terms of
their preferences, in a successful, multilateral market opening
outcome. Not so much worried about their own markets, but their
ability to keep market share elsewhere, both in agricultural and
industrial goods. I have already mentioned China, of course, and
underlying much of this concern, of course, is the rise and rise
of China as an industrial and exporting powerhouse and the fear
that continued Most Favoured Nation (MFN) liberalisation can only
advantage China even more. So no answers yet here, either, but we
are continuing to work very hard on this one. For example, an idea:
rather than leaving the hard work on preferences just to the OECD
countries, would the G20 countries be ready to offer preferences
to the G90? Just a thought.
And finally, the fourth question: what do we do about WTO reform?
No-one, including inside the WTO, argues that the WTO is perfect,
or that its organisation, staffing levels and funding don't need
addressing. But opinions thereafter differ fairly sharply in two
areas. For example, what areas should we address - e.g., should
we focus simply on the organisation of Ministerial conferences,
given the disastrous outcomes in Seattle and Cancún, for
example? Or do we need to go further, e.g., into the decision making
principle of consensus, recognising the difficulty of this in a
WTO of 148 diverse countries. And secondly, depending on the answer
we have given to the first part of this question, how do we manage
the impact of WTO reform processes on the future of the DDA negotiations
? We have to balance, here, the need to use the negative momentum
of Cancún to start a long overdue process of institutional
improvement for the WTO with the importance of avoiding getting
the organisation bogged down again in debates on voting versus consensus.
But before I conclude, there is another important perspective we
need to give this whole question, relating to WTO reform, and that
returns us back to the subject I had originally intended to address:
that of global governance. It is true, as I have said in the past,
that the WTO is one of the relatively few islands of governance
in a sea of globalisation: the binding dispute resolution system,
for instance, is clear evidence of this. But this has blinded the
public into believing that a supremely efficient and a supremely
illegitimate body. When it is neither. With a tiny staff of roughly
one quarter the size of the OECD in Paris, and a consensus-based,
member-driven ethos, one might genuinely pose the question of whether
the WTO sets out to legitimise what it cannot deliver. An ironic
outcome if true. But if so, we can and must try to reform the WTO
so it can deliver what its one hundred and forty eight members have
signed up to see it deliver.
In conclusion, I have tried to explain, I fear at some length, that
Cancún was not just an accidental collision, but was rather
a deep-seated problem, which we have had to address in rather a
methodical way, consulting other players inside the EU, checking
with third countries what they are ready to do. And six weeks on,
it is clear that the barometer is rising. A number of countries
are signalling their readiness to get back to work in Geneva, and
signalling their bonne volonté in terms of offering flexibility.
All I can say at this stage is that my guess is that if their volonté
really is bonne, they will not have to wait too long for the EU
to make its position clear."
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