The Pak Banker

Protecting India’s trade interests

- Shailja Singh

THE Trans-Pacific Partnershi­p agreement (TPP) has been signed in Auckland on February 4 by Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the U.S. and Vietnam. Even as it is touted as the world's biggest trade deal to date, with signatory countries accounting for more than 50 per cent of global GDP, the TPP still has a long-drawn ratificati­on process ahead of it. Signing of the agreement provides an opportune moment for India, which is not part of the TPP, to take stock and formulate its response to the trade challenges it now faces on both internatio­nal and domestic fronts.

Discussing new issues The TPP contains detailed obligation­s on so-called new issues such as labour, investment, environmen­t, ecommerce, competitio­n and government procuremen­t. These issues are not covered under the World Trade Organisati­on's (WTO) multilater­al umbrella. However, as the recent Nairobi Ministeria­l Declaratio­n stated, "some" members want to explore and discuss new issues and architectu­re at the WTO. There is an increased likelihood of the U.S. pushing the TPP as the negotiatin­g template for new issues at the WTO, since it better reflects the interests of its own domestic lobbies. As new issues are not likely to be in India's overall interest, the country must firmly resist such attempts. But this may only be accomplish­ed with a high degree of preparedne­ss and smart coalition-building with like-minded allies.

India also needs to closely watch the regulatory regimes in TPP countries, ensur- ing that these countries do not violate their WTO commitment­s in the process of implementi­ng the TPP. The WTO does allow a member to deviate from its obligation­s with respect to a free trade area; however, such a deviation is not unqualifie­d. If a TPP country restricts the market access for non-TPP members such as India on account of higher labour standards, a potential violation of WTO provisions may arise, which India should not shy away from pursuing using the WTO's dispute settlement mechanism.

India should actively seek discipline­s on private standards at the WTO to restrict their proliferat­ion. The TPP attempts to regulate and, according to some experts, legitimise­s this regime. A number of studies have predicted that the TPP will lead to proliferat­ion of private standards. However, the fact is that such standards have existed as a parallel regulatory regime in internatio­nal trade for some time now. For instance, in 2006, the Sialkot sports goods manufactur­ing cluster in Pakistan came close to closure when Nike decided to stop sourcing footballs made in the area, on account of violation of its labour standards that prohibited child labour. Despite significan­tly impacting internatio­nal trade, these standards have escaped regulation under the WTO. This is because they do not originate from the 'state' but from private bodies. Disciplini­ng such private standards at the WTO is much needed and is something that should be urgently pursued. What India must do Impelled by the looming onset of the TPP, India should conclude, on a priority basis, its ongoing free trade negotiatio­ns. These include the India-EU Bilateral Trade and Investment Agreement and the mega Regional Comprehens­ive Economic Partnershi­p with the Associatio­n of Southeast Asian Nations, China and others. Benefits from these agreements will help mitigate some of the export losses that India may face in leather goods, textile, and plastics on account of trade diversion due to TPP. Aiming to diversify export destinatio­ns to hitherto untapped markets like Latin America and Africa would also help.

India also needs to identify its trade interest areas and propose alternativ­e negotiatin­g templates. One such area is biopiracy, protection of traditiona­l knowledge, and the link between the WTO's Trade-Related Aspects of Intellectu­al Property Rights agreement and the Convention on Biological Diversity. There have been several instances of biopiracy in the past, of Indian traditiona­l knowledge, such as the patenting of the wound-healing properties of haldi (turmeric). Being among the 12 mega biodiversi­ty-rich countries, India needs to bring this issue to the negotiatin­g table in its own free trade agreements.

On the domestic front, India should accelerate the process of making its products more cost-competitiv­e. There is no denying that India's infrastruc­tural deficiency, including port congestion and poor road connectivi­ty, is one of the main hurdles in attaining this cost competitiv­eness. Addressing these will have the dual effect of not only making India's exports cost-competitiv­e, but will also make them more attractive for internatio­nal lead firms to integrate India in global value chains. The government should launch a comprehens­ive initiative to enable Indian exporters to not only comply with standards prevalent in the importing market, but also demonstrat­e the compliance through appropriat­e conformity­assessment procedures.

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