Showing posts with label free trade agreements. Show all posts
Showing posts with label free trade agreements. Show all posts

Thursday, 15 November 2018

Has Morrison's loose lips sunk the Indonesia-Australia Comprehensive Economic Partnership Agreement


The populous Indonesian archipelago is one of our nearest northern neighbours. This predominantly Muslim nation is a significant trading partner which purchased $7.03 billion worth of goods and services from Australian business/industry in 2017.

On 24 August 2018 when Scott John Morrison walked over the political corpse of Malcolm Bligh Turnbull to become Australia’s 30th prime minister the Indonesia-Australia Comprehensive Economic Partnership Agreement was well on its way to being signed by both governments.


Australia and Indonesia announced the substantive conclusion of negotiations on the Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA) on 31 August 2018. This agreement will launch a new chapter in economic relations between Australia and Indonesia…..

Indonesia is a growing market for Australian goods and services exporters. In 2017, total two-way trade in goods and services with Indonesia was worth $16.4 billion, making Indonesia our 13th largest trading partner. IA-CEPA will provide Australian and Indonesian businesses an opportunity to expand and diversify this economic partnership.

IA-CEPA builds on commitments under our existing free trade agreement, the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) across goods, services and investment.

In addition to reducing non-tariff barriers to trade and simplifying paperwork, IA-CEPA will allow 99% of Australia's goods exports to enter Indonesia duty free or with significantly improved preferential arrangements. All Indonesia's goods exports will enter Australia duty free.

IA-CEPA will improve conditions for services suppliers and the climate for two-way investment. Australian services suppliers and investors will have greater certainty for entry and operation in the Indonesian market, helping to facilitate more Australian investment in Indonesia. This will create more opportunities for Australians to help meet Indonesia's growing needs for investment and for the supply of world class services in its market.

Both sides will 'scrub' the full text of the agreement, to verify its accuracy and internal legal consistency.  The agreement will be translated into Indonesian with the Indonesian and English versions being equally authentic.  Once translated, the agreement will be ready for formal signature.  The full text of the agreement will be released publicly once it has been signed.

After signature, Australia and Indonesia will then follow their domestic treaty making processes to bring IA-CEPA into force. For Australia, this will include tabling the text of the agreement in Parliament and an inquiry by the Joint Standing Committee on Treaties (JSCOT). [my yellow highlighting]

By Day 81 of his time as prime minister Morrison had managed to publicly offend moderate Muslims here and around the world not once but twice and, the Agreement which was to be signed before the end of the week has now been delayed indefinitely by Indonesia.

Scott Morrison captain's call over the status of Jerusalem in particular was a grave error -based as it was on Pentacoastal teachings and not existing Australia Government policy.

He needs to think before he opens his mouth in future.

Friday, 9 March 2018

Two perspectives on global economic and social inequality


So you thought trade agreements were really about win-win free trade?

John F. Kennedy School of Government Harvard University, Dani Rodrik, excerpts from What Do Trade Agreements Really Do?, February 2018:

As trade agreements have evolved and gone beyond import tariffs and quotas into regulatory rules and harmonization, they have become more difficult to fit into received economic theory. Nevertheless, most economists continue to regard trade agreements such as the Trans Pacific Partnership (TPP) favorably. The default view seems to be that these arrangements get us closer to free trade by reducing transaction costs associated with regulatory differences or explicit protectionism. An alternative perspective is that trade agreements are the result of rent-seeking, self-interested behavior on the part of politically well-connected firms – international banks, pharmaceutical companies, multinational firms. They may result in freer, mutually beneficial trade, through exchange of market access. But they are as likely to produce purely redistributive outcomes under the guise of “freer trade…..

The consensus in favor of the general statement supporting free trade is not a surprise. Economists disagree about a lot of things, but the superiority of free trade over protection is not controversial. The principle of comparative advantage and the case for the gains from trade are crown jewels of the economics profession. So the nearly unanimous support for free trade in principle is understandable. But the almost identical level of enthusiasm expressed for the North American Free trade Agreement—that is, for a text that runs into nearly 2,000 pages, negotiated by three governments under pressures from lobbies and special interests, and shaped by a mix of political, economic, and foreign policy objectives—is more curious. The economists must have been aware that trade agreements, like free trade itself, create winners and losers. But how did they weight the gains and losses to reach a judgement that US citizens would be better off “on average”? Did it not matter who gained and lost, whether they were rich or poor to begin with, or whether the gains and losses would be diffuse or concentrated? What if the likely redistribution was large compared to the efficiency gains? What did they assume about the likely compensation for the losers, or did it not matter at all? And would their evaluation be any different if they knew that recent research suggests NAFTA produced minute net efficiency gains for the US economy while severely depressing wages of those groups and communities most directly affected by Mexican competition?

Perhaps the experts viewed distributional questions as secondary in view of the overall gains from trade. After all, opening up to trade is analogous to technological progress. In both cases, the economic pie expands while some groups are left behind. We did not ban automobiles or light bulbs because coachmen and candle makers would lose their jobs. So why restrict trade? As the experts in this survey contemplated whether US citizens would be better off “on average” as a result of NAFTA, it seems plausible that they viewed questions about the practical details or the distributional questions of NAFTA as secondary in view of the overall gains from trade.

This tendency to view trade agreements as an example of efficiency-enhancing policies that may nevertheless leave some people behind would be more justifiable if recent trade agreements were simply about eliminating restrictions on trade such as import tariffs and quotas. In fact, the label “free trade agreements” does not do a very good job of describing what recent proposed agreements like the Trans-Pacific Partnership (TPP), the Trans-Atlantic Trade and Investment Partnership (TTIP), and numerous other regional and bilateral trade agreements actually do. Contemporary trade agreements go much beyond traditional trade restrictions at the border. They cover regulatory standards, health and safety rules, investment, banking and finance, intellectual property, labor, the environment, and many other subjects besides. They reach well beyond national borders and seek deep integration among nations rather than shallow integration, to use Robert Lawrence’s (1996) helpful distinction. 

According to one tabulation, 76 percent of existing preferential trade agreements covered at least some aspect of investment (such as free capital mobility) by 2011; 61 percent covered intellectual property rights protection; and 46 percent covered environmental regulations (Limão 2016)…..

Consider first patents and copyrights (so-called “trade-related intellectual property rights” or TRIPs). TRIPs entered the lexicon of trade during the Uruguay Round of multilateral trade negotiations, which were completed in 1994. The US has pushed for progressively tighter rules (called TRIPs-plus) in subsequent regional and bilateral trade agreements. Typically TRIPs pit advanced countries against developing countries, with the former demanding stronger and lengthier monopoly restrictions for their firms in the latter’s markets. Freer trade is supposed to be win-win, with both parties benefiting. But in TRIPs, the advanced countries’ gains are largely the developing countries’ losses. Consumers in the developing nations pay higher prices for pharmaceuticals and other research-intensive products and the advanced countries’ firms reap higher monopoly rents. One needs to assume an implausibly high elasticity of global innovation to developing countries’ patents to compensate for what is in effect a pure transfer of rents from poor to rich countries. That is why many ardent proponents of free trade were opposed to the incorporation of TRIPs in the Uruguay Round (e.g., Bhagwati et al. 2014). Nonetheless, TRIPs rules have not been dropped, and in fact expand with each new FTA. Thanks to subsequent trade agreements, intellectual property protection has become broader and stronger, and much of the flexibility afforded to individual countries under the original WTO agreement has been eliminated (Sell 2011).

Second, consider restrictions on nations’ ability to manage cross-border capital flows. Starting with its bilateral trade agreements with Singapore and Chile in 2003, the US government has sought and obtained agreements that enforce open capital accounts as a rule. These agreements make it difficult for signatories to manage cross-border capital flows, including in short-term financial instruments. In many recent US trade agreements such restrictions apply even in times of macroeconomic and financial crisis. This has raised eyebrows even at the International Monetary Fund (IMF, Siegel 2013). Paradoxically, capital account liberalization has become a norm in trade agreements just as professional opinion among economists was becoming more skeptical about the wisdom of free capital flows. The frequency and severity of financial crises associated with financial globalization have led many experts to believe that direct restrictions on the capital account have a second-best role to complement prudential regulation and, possibly, provide temporary breathing space during moments of extreme financial stress. The IMF itself, once at the vanguard of the push for capital-account liberalization, has officially revised its stance on capital controls. It now acknowledges a useful role for them where more direct remedies for underlying macroeconomic and financial imbalances are not available. Yet investment and financial services provisions in many FTAs run blithely against this new consensus among economists. A third area where trade agreements include provisions of questionable merit is socalled “investor-state dispute settlement procedures” (ISDS). These provisions have been imported into trade agreements from bilateral investment treaties (BIT). They are an anomaly in that they enable foreign investors, and they alone, to sue host governments in special arbitration tribunals and to seek monetary damages for regulatory, tax, and other policy changes that reduce their profits. Foreign investors (and their governments) see ISDS as protection against expropriation, but in practice arbitration tribunals interpret the protections provided more broadly than under, say, domestic US law (Johnson et al., 2015). Developing countries traditionally have signed on to ISDS in the expectation that it would compensate for their weak legal regimes and help attract direct foreign investment. But ISDS also suffers from its own problems: it operates outside accepted legal regimes, gives arbitrators too much power, does not follow or set precedents, and allows no appeal. Whatever the merits of ISDS for developing nations, it is more difficult to justify its inclusion in trade agreements among advanced countries with well-functioning legal systems (e.g. the prospective Transatlantic Trade and Investment Partnership (TTIP) between the U.S. and European countries).

Read the full paper here.

So you thought globalisation was a good idea?

Harvard Business Review, Lucas Chancel, 40 Years of Data Suggests 3 Myths About Globalization, 2 March 2018:

Globalization has led to a rise in global income inequality, not a reduction
Inequality between individuals across the world is the result of two competing forces: inequality between countries and inequality within countries. For example, strong growth in China and India contributed to significant global income growth, and therefore, decreased inequality between countries. However, inequality within these countries rose sharply. The top 1% income share rose from 7% to 22% in India, and 6% to 14% in China between 1980 and 2016.

Until recently, it has been impossible to know which of these two forces dominates globally, because of lack of data on inequality trends within countries, which many governments do not release publicly or uniformly. The World Inequality Report 2018 addresses this issue, relying on systematic, comparable, and transparent inequality statistics from high-income and emerging countries.

The conclusion is striking. Between 1980 and 2016, inequality between the world’s citizens increased, despite strong growth in emerging markets. Indeed, the share of global income accrued by the richest 1%, grew from 16% in 1980 to 20% by 2016. Meanwhile the income share of the poorest 50% hovered around 9%. The top 1% — individuals earning more than $13,500 per month — globally captured twice as much income growth as the bottom 50% of the world population over this period.

Income doesn’t trickle down

The second belief contests that high growth at the top is necessary to achieve some growth at the bottom of the distribution, in other words that rising inequality is necessary to elevate standards of living among the poorest. However, this idea is at odds with the data. When we compare Europe with the U.S., or China with India, it is clear that countries that experienced a higher rise in inequality were not better at lifting the incomes of their poorest citizens. Indeed, the U.S. is the extreme counterargument to the myth of trickle down: while incomes grew by more than 600% for the top 0.001% of Americans since 1980, the bottom half of the population was actually shut off from economic growth, with a close to zero rise in their yearly income. In Europe, growth among the top 0.001% was five times lower than in the U.S., but the poorest half of the population fared much better, experiencing a 26% growth in their average incomes. Despite having a consistently higher growth rate since 1980, the rise of inequality in China was much more moderate than in India. As a result, China was able to lift the incomes of the poorest half of the population at a rate that was four times faster than in India, enabling greater poverty reduction.

The trickle-down myth may have been debunked, but its ideas are still rooted in a number of current policies. For example, the idea that high income growth for rich individuals is a precondition to create jobs and growth at the bottom continues to be used to justify tax reductions for the richest, as seen in recent tax reform in the U.S. and France. A closer look at the data demands we rethink the rationale and legitimacy of such policies. 

Policy – not trade or technology – is most responsible for inequality

It is often said that rising inequality is inevitable — that it is a natural consequence of trade openness and digitalization that governments are powerless to counter. But the numbers presented above clearly demonstrate the diversity of inequality trajectories experienced by broadly comparable regions over the past decades. The U.S. and Europe, for instance, had similar population size and average income in 1980 — as well as analogous inequality levels. Both regions have also faced similar exposure to international markets and new technologies since, but their inequality trajectories have radically diverged. In the U.S., the bottom 50% income share decreased from 20% to 10% today, whereas in Europe it decreased from 24% to 22%.

Rather than openness to trade or digitalization, it is policy choices and institutional changes that explain divergences in inequality. After the neoliberal policy shift of the early 1980s, Europe resisted the impulse to turn its market economy into a market society more than the US — evidenced by differences on key policy areas concerning inequality. The progressivity of the tax code — how much more the rich pay as a percentage — was seriously undermined in the U.S., but much less so in continental Europe. The U.S. had the highest minimum wage of the world in the 1960s, but it has since decreased by 30%, whereas in France, the minimum wage has risen 300%. 

Access to higher education is costly and highly unequal in the U.S., whereas it is free in several European countries. Indeed, when Bavarian policymakers tried to introduce small university fees in the late 2000s, a referendum invalidated the decision. Health systems also provide universal access to good-quality healthcare in most European countries, while millions of Americans do not have access to healthcare plans.


Wednesday, 27 July 2016

The Productivity Commission states what those with even a modicum of intelligence knew instinctively


Apparently the Australian Government is going to learn the hard way that modern free-trade agreements rarely provide low manufacturing-high primary production & natural resource extraction economies such as ours with the anticipated level of additional income from international trade.

The Guardian, 25 July 2016:

A key economic policy adviser to the federal government has said the Trans-Pacific Partnership has provisions of “questionable benefit” – including an investor-state dispute settlement (ISDS) clause allowing foreign corporations to sue the Australian government if they think the government has introduced or changed laws that hurt their commercial interests.
The Productivity Commission made the comment in its annual trade and assistance review, released on Monday. The review quantifies the level of assistance governments give to Australian industry and this year criticises regional adjustment programs that have followed the exit of the carmakers, and also the Turnbull government’s big defence procurement spend rolled out in the countdown to the recent federal election.
On the TPP the commission says it is uncertain whether the US will sign the controversial pact before the presidential election in November 2016. While noting that, the commission says the TPP contains provisions of questionable benefit. “These include term of copyright and the investor state dispute settlement elements.”
The commissioner, Paul Lindwall, warned the success in defending a recent landmark ISDS case relating to tobacco plain packaging entailed reported legal costs of about $50m.
The tobacco giant Philip Morris used an ISDS provision in the Hong Kong-Australia bilateral investment treaty, signed in 1993, in an effort to sue the Australian government over the plain packaging laws implemented by the Gillard government in 2012. The case dragged on for years before an international tribunal ruled in Australia’s favour, saying Philip Morris Asia’s claim was an abuse of process.
“As it was resolved on a technicality, and costs are apparently yet to be recovered, this success should not be taken as an indication that ISDS is essentially harmless,” Lindwall said Monday…..

Australian Productivity Commission Trade & Assistance Review 2014-15 here.

The Sydney Morning Herald, 12 January 2016:

Australia stands to gain almost nothing from the mega trade deal sealed with 11 other nations including United States, Japan, and Singapore, the first comprehensive economic analysis finds.
Prepared by staff from the World Bank, the study says the so-called Trans-Pacific Partnership would boost Australia's economy by just 0.7 per cent by the year 2030.
The annual boost to growth would be less than one half of one 10th of 1 per cent…..

World Bank graphs: Trans-Pacific Partnership

According to The Age economics editor Peter Martin, the three North Asia free-trade agreements (with China, Japan and the Republic of Korea) combined are only expected to increase total Australian exports by 0.5 per cent and local employment by less than one-half of one-tenth of 1 per cent by 2035. The agreements will boost imports into Australia from these countries by est. 2.5 per cent, sending Australia’s trade balance backwards.

NOTE: At the dissolution of the Senate and the House of Representatives on Monday, 9 May 2016 the Joint Standing Committee on Treaties ceased to exist.  Any inquiries that were not completed have lapsed and submissions cannot be received.

Tuesday, 21 June 2016

A re-elected Turnbull Government will cost Australian taxpayers millions in legal fees


It seems the Abbott-Turnbull Government is incapable of learning from past mistakes……..

The Sydney Morning Herald, 30 August 2014:

Australia risks getting swept up in a wave of litigation by foreign corporations wishing to sue over unfavourable domestic laws, experts warn, after the government rejected a bill to ban controversial trade agreements.

A Senate committee on Wednesday rejected the bill to ban ISDS clauses from future treaties, put forward by Greens senator Peter Whish-Wilson.

The clauses allow a foreign company to sue a government if it believes its laws have harmed its profit.

The rejection of the bill follows a warning by High Court Chief Justice Robert French that the provisions have the potential to challenge the power-base of the High Court and create uncertainty among litigants.

It also comes as the government negotiates one of the biggest trade deals in Australian history, the Trans-Pacific Partnership, which includes ISDS clauses.

ISDS clauses were originally put in place to safeguard the interests of companies operating in countries that lacked rule of law. However, health organisations and environmental groups argue they pose a threat to regulation that protects a country's citizens' best interests.

According to the United Nations Conference on Trade and Development, the number of ISDS cases internationally has doubled in the past 10 years to 568, with claimants from the EU and United States accounting for 75 per cent of cases. 

The disputes are filed through international arbitration courts that have been criticised for their lack of transparency, and there is no right to appeal.

Professor Thomas Faunce, at the Australian National University College of Law, has described the provisions as an "affront to the rule of law".

"You have these foreign stakeholders influencing - quite openly - the policy of our society," he says. "It is a complete re-organisation of sovereignty in our country."


On 27 June 2011 Philip Morris Asia began legal proceedings challenging the tobacco plain packaging legislation under the 1993 Agreement between the Government of Australia and the Government of Hong Kong for the Promotion and Protection of Investments(Hong Kong Agreement). 

It took the Australian Government four years and an unknown number of dollars before the case was thrown out because of lack of jurisdiction.

A year after the Philip Morris matter began the WTO Dispute Settlement Body began establishing dispute settlement panels at the requests of Ukraine (on 28 September 2012), Honduras (on 25 September 2013), Indonesia (on 26 March 2014), Dominican Republic (on 25 April 2014) and Cuba (on 25 April 2014) in relation to Australia's tobacco plain packaging measure. The five complainants are arguing that the measure is inconsistent with Australia's WTO obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Agreement on Technical Barriers to Trade and the General Agreement on Tariffs and Trade 1994 according to the Attorney General’s Department.

The Department’s website further states:

To date, a record number of WTO members (in excess of 40) have joined those disputes as third parties.

On 5 May 2014, the WTO Director-General appointed Mr Alexander Erwin (Chair, South Africa), Professor François Dessemontet (Member, Switzerland) and Dame Billie Miller (Member, Barbados) as panelists to hear the disputes. All five disputes will be heard together, pursuant to a harmonised timetable.

In response to Australia's request, the panel issued preliminary rulings on 19 August 2014 regarding the scope of the complainants' claims. These rulings were published on 27 October 2014.

The chair of the panel informed the Dispute Settlement Body on 10 October 2014 that the panel expects to issue its final report to the parties in the second half of 2016…..

Two challenges to the tobacco plain packaging legislation were heard by the High Court of Australia between 17–19 April 2012: British American Tobacco Australasia Limited and Ors v. Commonwealth of Australia and J T International SA v. Commonwealth of Australia.

On 15 August 2012, the High Court handed down orders for these matters, and found that the Tobacco Plain Packaging Act 2011 is not contrary to s 51(xxxi) of the Constitution.

On 5 October 2012 the court handed down its reasons for the decision. By a 6:1 majority (Heydon J in dissent) the court held that there had been no acquisition of property that would have required provision of 'just terms' under s51(xxxi) of the Constitution….

After all that voter’s wake up to this in Week 5 of the federal election campaign…….

The Guardian, 8 June 2016:

The Turnbull government is considering adding a controversial provision to the Japan-Australia free-trade agreement that would allow foreign corporations to sue the Australian government.

It has been negotiating with Japan’s government about the plan but no conclusion has been reached.

The provision is called an “investor state dispute settlement” (ISDS).

ISDS provisions allow foreign corporations to sue the Australian government in an international tribunal if they think the government has introduced or changed laws that significantly hurt their interests.

The tobacco giant Philip Morris used an ISDS provision in the Hong Kong-Australia investment treaty, signed in 1993, in its failed attempt to sue the Australian government over the introduction of plain-packaging laws by the former prime minister Julia Gillard in 2012.

If such a provision is added to the Japan-Australia agreement, it means all four of the major trade deals signed by the Abbott-Turnbull governments will include the same provision – the deals with Japan, China, South Korea and the Trans-Pacific Partnership, which includes Pacific rim countries including the US.

A spokesman for the trade minister, Steve Ciobo, confirmed negotiations had begun.

“Japan and Australia have commenced the review – nothing has yet been agreed,” the spokesman said.

A spokesman for the Department of Foreign Affairs and Trade has also confirmed that Australian and Japanese officials have met to discuss the ISDS provision, with no decision taken.
The negotiations have been triggered by a relatively unknown clause in the Japan-Australia agreement, which was signed by the Abbott government in 2014.

The clause states that if Australia’s government signs any future trade deal with another country that includes an ISDS provision then the Japan-Australia deal would be subject to an automatic review “with a view to establishing” an ISDS provision in it.

The trigger for such a review was the China-Australia free-trade agreement, which came into force on 20 December 2015, because it included an ISDS provision…..

Thursday, 17 March 2016

Australian Federal Election 2016: oh dear, Nationals MP for Page Kevin Hogan is at it again


In February this year Nationals MP for Page Kevin Hogan fronted the Grafton Chamber of Commerce and delivered a large pork pie regarding thresholds for foreign investment in Australian agricultural land and businesses.

He was at it again this month with a public assurance concerning foreign workers made to ABC News on 9 March which also picked up the daily double by repeating that misinformation about investment thresholds:

A National Party MP is hoping local jobs will not be lost as a result of a Chinese buy-out of north coast NSW macadamia farms.
Four properties covering 380 hectares at Dunoon near Lismore, and formerly run by US-based Hancock Farms, have been bought by a Chinese group known as "Discovery".
The member for Page Kevin Hogan said he was aware of rumours of a sale.
Mr Hogan said a Free Trade Agreement with China did not mean the door was now open to foreign workers.
"It's a well-known fact within the free trade agreements that we do with any country, not just China, because let's not just make this a China thing, that any company and there's been companies that have owned Australian assets for 200 years and with every free trade agreement the work has to be offered to Australians first," Mr Hogan said.
Kevin Hogan said any foreign investment greater than $15 million had to be approved by the Foreign Investment Review Board, and he was waiting on information on whether the macadamia sale was vetted.
"We made an election commitment to lower it from the ridiculous amount of $ 250 million when it used to be triggered to look at a purchase if it was in the national interest, we have lowered that from 250 to 15 [million dollars] so if this entity has triggered over $15 million it would have absolutely gone before the Foreign Investment Review Board," Mr Hogan said. [my red bolding]

Now voters in the Page electorate are far from silly and many would have wondered what free trade agreement Mr. Hogan had been reading to boldly state that “with every free trade agreement the work has to be offered to Australians first”.

The Dept. of Foreign Affairs and Trade’s own copy of ARTICLE 10.4: GRANT OF TEMPORARY ENTRY of the China-Australia Free Trade Agreement clearly states:

3. In respect of the specific commitments on temporary entry in this Chapter, unless otherwise specified in Annex 10-A, neither Party shall:
(a) impose or maintain any limitations on the total number of visas to be granted to natural persons of the other Party; or
(b) require labour market testing, economic needs testing or other procedures of similar effect as a condition for temporary entry.

So this free trade agreement allows an unlimited number of temporary work visas for Chinese nationals (and in some cases their spouses) in many employment categories and, there is no test to see if the employment positions in Chinese-owned businesses within this country that they are taking up – for a period up to 4 years - could be filled by suitably qualified Australian workers.

One has to wonder if Kevin Hogan reads beyond the regular ‘talking points’ distributed to MPs by his party.