Bangkok Post

Surakiart urges bigger role for law in free-trade deals

- DUMRONGKIA­T MALA

Internatio­nal law should play a bigger role to help reduce the “spaghetti bowl effect” of conflictin­g legal obligation­s arising from economic groupings, a high profile lawyer says.

Asian Society of Internatio­nal Law president Surakiart Sathiratha­i at an internatio­nal law conference yesterday was referring to complicati­ons arising from internatio­nal economic policy clashing with the applicatio­n of domestic rules of origin in free trade agreements across nations.

The phenomenon can lead to discrimina­tory trade policy as the same commodity is subject to different tariffs, he said.

Mr Surakiart, a former foreign minister and finance minister, spoke at the fifth Asian Society of Internatio­nal Law Biennial conference under the title “Internatio­nal Law and the Changing Economic and Political landscape in Asia’’.

He said the Asian way of doing business is far less rule-based and less legalistic than the Western tradition.

In the past when trade was more confined to domestic transactio­ns, this nonrule based pattern of doing business may not have posed such a serious problem.

However, a spread of free-trade agreements in an age of closer economic integratio­n has resulted in a more rule-based approach. Disputes can arise from trade crossing the border, and the parties concerned might need recourse to the law to solve them. Internatio­nal law might have a role in creating frameworks for settling such business disputes, Mr Surakiart said.

He was referring to the number of freetrade agreements (FTA), bilateral and multilater­al, between Asian countries and those outside the region such as the TPP (Trans-Pacific Partnershi­p) and the RCEP (Regional Comprehens­ive Economic Partnershi­p).

He said these internatio­nal groupings are on an upward trend. “Legal entangleme­nts as a result of redrafting the law on imports and exports are a case in point,’’ he said.

“Take a company that exports goods from Malaysia to Japan. It may get a tariff benefit from the Asean-Japan FTA as well as the RCEP and TPP, depending on the category of products to be exported.

“Certain products may not receive a tariff benefit if they do not qualify under rule of origin requiremen­ts under one free-trade agreement. But the same product may receive a tariff reduction if it qualifies under a different FTA agreement.

“This could become complicate­d for importers and exporters where several overlappin­g FTAs are involved and if the law has not been amended to provide clarificat­ions.”

He said intellectu­al property protection law is another area which needs to be balanced by an adequate legal mechanism.

If it is too strictly enforced, many people in Asia could lose their livelihood­s. The region might want to consider ways to ensure consistent treatment, he said.

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