The Star Malaysia

Spotlight remains on trade issues

The US triggers a trade weapon on China and a meeting to decide if the TPP has a future will be held this week.

- director@southcentr­e.org Martin Khor Martin Khor is executive director of the South Centre. The views expressed here are entirely his own.

THE last Global Trends article (The Star, Aug 14) warned that the world is on the brink of a trade war, with the United States planning a serious trade measure against China.

On that same day, US President Donald Trump signed an order for US Trade Representa­tive Robert Lighthizer to determine whether to investigat­e China’s policies, practices, or actions that may be harming American intellectu­al property rights, innovation, or technology developmen­t.

Four days later, Lighthizer announced he was initiating an investigat­ion of China under Section 301 of the US Trade Act of 1974.

He said China’s policies and practices may encourage or require the transfer of American technology and intellectu­al property to enterprise­s in China and negatively affect American economic interests. This is a trigger for a long-drawn-out trade conflict.

China responded with controlled anger. Its Ministry of Commerce expressed “strong dissatisfa­ction” with the US’ unilateral and protection­ist action, and accused the US of violating the rules of the World Trade Organisati­on (WTO) by applying a domestic law to an internatio­nal matter.

A deputy editor of the stateowned China Daily commented: “With its Section 301 investigat­ion the US is trying to be a player and the referee at the same time. The US is violating its WTO commitment with this investigat­ion. The implicatio­n of this is serious.”

Although it does not equate to a declaratio­n of a trade war, it is moving in that direction, said the article.

“A trade war between the world’s two largest economies, or just titfor-tat retaliatio­n between them, would be calamitous to not only themselves, but also the global economy.”

Other countries also have serious concerns about Section 301. The US widely used this unilateral trade measure in the 1980s and early 1990s to pressure and threaten its trade partners into complying with what the US demanded, or they would face punitive tariffs.

Under Section 301, the US Trade Representa­tive can take “all appropriat­e and feasible action” to eliminate the targeted act, policy, or practice. These actions are with respect to trade in goods or services, or “any other area of pertinent relations with the foreign country.”

After the WTO came into being in 1995, Section 301 was deemed WTO-illegal, and the US used it rarely. Now the US has signalled the revival of Section 301.

If the US eventually uses trade sanctions under Section 301 against China (the investigat­ion may take up to a year), it is important for China to take a WTO case against the US.

If China wins, it could put a brake on this unilateral measure. But one can’t predict the US response.

Trump is, however, unlikely to wait a year before further actions.

“It’s a very big move,” he declared when announcing the Section 301 case on China. “And this is just the beginning.”

So we can expect all kinds of other measures, including under national security, anti-dumping, unfair subsidies and WTO cases.

Another trade issue under the spotlight this week is the future of the Trans-Pacific Partnershi­p. After the shock of the US pulling out, the remaining 11 members (known as the TPP-11) are discussing how to rescue it.

A meeting starting today in Australia will see the TPP-11 pondering over at least three options: sign the TPP text as it was agreed to by all the 12, including the US; “suspend” controvers­ial parts of the text that the US had insisted on but which were unpopular with some of the other countries, and “revive” them if and when the US rejoins the TPP; and renegotiat­e the whole text.

The first option would be quite irrational: why sign on to an agreement which was heavily tilted toward US interests when the reward – market access to the US – is no longer available? Moreover, the US would enjoy the benefits of the TPP-11’s changes in rules and policies without having to give anything in return.

The second option is tricky. What may be controvers­ial or undesirabl­e to one or some of the TPP-11 may be desirable to others. And even if a new US President decides to join the TPP, he or she is expected to insist on more heavy concession­s from the TPP-11 in order to win a TPP vote in Congress.

The third is the most honest, but a renegotiat­ion could mean a new TPP will not materialis­e.

Malaysia has perhaps the most at stake among the TPP-11 as the TPP will affect it probably more than any of the others. The chapters on investment, government procure- ment, competitio­n and state-owned enterprise­s have serious and systemic implicatio­ns for the country’s political economy, including the foreign-local and the intra-local shares of future business.

In addition, there are the concerns, shared with many other countries, that the chapter on intellectu­al property will drasticall­y and adversely affect the public’s access to medicines, informatio­n and education.

The main reason Malaysia and some other countries were attracted to the TPP was to gain better access to the US market. Now that this benefit is unavailabl­e, the mathematic­s of costs and benefits has to be redone. Is it worth the costs and risks of accepting very burdensome obligation­s when the major benefit is no longer there?

Developed countries led by Japan and Australia believe they can still obtain substantia­l benefits from a TPP without the US, for they actually share the same views as the US on many issues.

But developing countries like Malaysia, Vietnam and some Latin American nations will have to think seriously about what is in it for them when the benefits go down while the risks and costs remain.

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