*In 2016, let's hope for better trade agreements - and the death of TPP*

Joseph Stiglitz <http://www.theguardian.com/profile/josephstiglitz>

http://www.theguardian.com/business/2016/jan/10/in-2016-better-trade-agreements-trans-pacific-partnership

Last year was a memorable one for the global economy. Not only was overall
performance disappointing, but profound changes – both for better and for
worse – occurred in the global economic *system*.

Most notable was the Paris climate agreement reached last month
<http://www.theguardian.com/global-development/2015/dec/15/climate-change-deal-five-reasons-glad-five-reasons-gloomy>.
By itself, the agreement is far from enough to limit the increase in global
warming to the target of 2ºC above the pre-industrial level. But it did put
everyone on notice: the world is moving, inexorably, toward a green
economy. One day not too far off, fossil fuels will be largely a thing of
the past. So anyone who invests in coal now does so at his or her peril.
With more green investments coming to the fore, those financing them will,
we should hope, counterbalance powerful lobbying by the coal industry,
which is willing to put the world at risk to advance its shortsighted
interests.

Indeed, the move away from a high-carbon economy, where coal, gas, and oil
interests often dominate, is just one of several major changes in the
global geo-economic order. Many others are inevitable, given China’s
soaring share of global output and demand. The New Development Bank,
established by the Brics (Brazil, Russia, India, China
<http://www.theguardian.com/world/china>, and South Africa), was launched
during the year, becoming the first major international financial
institution led by emerging countries. And, despite Barack Obama’s
resistance, the China-led Asian Infrastructure Investment Bank was
established as well, and is to start operation this month.

The US did act with greater wisdom where China’s currency was concerned. It
did not obstruct the renminbi’s admission to the basket of currencies that
constitute the International Monetary Fund’s reserve asset, Special Drawing
Rights (SDRs). In addition, a half-decade after the Obama administration
agreed to modest changes in the voting rights of China and other emerging
markets at the IMF – a small nod to the new economic realities – the US
Congress finally approved the reforms
<http://www.bloomberg.com/news/articles/2015-12-18/congress-approves-imf-changes-giving-emerging-markets-more-sway>
.

The most controversial geo-economic decisions last year concerned trade.
Almost unnoticed after years of desultory talks, the World Trade
Organization’s Doha Development Round – initiated to redress imbalances in
previous trade agreements that favored developed countries – was given a
quiet burial. America’s hypocrisy – advocating free trade but refusing to
abandon subsidies on cotton and other agricultural commodities – had posed
an insurmountable obstacle to the Doha negotiations. In place of global
trade talks, the US and Europe have mounted a divide-and-conquer strategy,
based on overlapping trade blocs and agreements.

As a result, what was intended to be a global free trade regime has given
way to a discordant managed trade regime. Trade for much of the Pacific and
Atlantic regions will be governed by agreements, thousands of pages in
length and replete with complex rules of origin that contradict basic
principles of efficiency and the free flow of goods.

The US concluded secret negotiations on what may turn out to be the worst
trade agreement in decades, the so-called Trans-Pacific Partnership (TPP)
<http://www.theguardian.com/business/2015/oct/05/tpp-or-not-tpp-whats-the-trans-pacific-partnership-and-should-we-support-it>,
and now faces an uphill battle for ratification, as all the leading
Democratic presidential candidates and many of the Republicans have weighed
in against it. The problem is not so much with the agreement’s trade
provisions, but with the “investment” chapter
<https://www.project-syndicate.org/commentary/trans-pacific-partnership-charade-by-joseph-e--stiglitz-and-adam-s--hersh-2015-10>,
which severely constrains environmental, health, and safety regulation, and
even financial regulations with significant macroeconomic impacts.

In particular, the chapter gives foreign investors the right to sue
governments in private international tribunals when they believe government
regulations contravene the TPP’s terms (inscribed on more than 6,000
pages). In the past, such tribunals have interpreted the requirement that
foreign investors receive “fair and equitable treatment” as grounds for
striking down new government regulations – even if they are
non-discriminatory and are adopted simply to protect citizens from newly
discovered egregious harms.

While the language is complex – inviting costly lawsuits pitting powerful
corporations against poorly financed governments – even regulations
protecting the planet from greenhouse gas emissions are vulnerable. The
only regulations that appear safe are those involving cigarettes (lawsuits
filed against Uruguay and Australia for requiring modest labeling about
health hazards had drawn too much negative attention). But there remain a
host of questions about the possibility of lawsuits in myriad other areas.

Furthermore, a “most favoured nation” provision ensures that corporations
can claim the best treatment offered in any of a host country’s treaties.
That sets up a race to the bottom – exactly the opposite of what US
President Barack Obama promised.

Even the way Obama argued for the new trade agreement showed how out of
touch with the emerging global economy his administration is. He repeatedly
said that the TPP would determine who – America or China – would write the
twenty-first century’s trade rules. The *correct *approach is to arrive at
such rules *collectively, * with all voices heard, and in a *transparent*
way. Obama has sought to perpetuate business as usual, whereby the rules
governing global trade and investment are written by US corporations for US
corporations. This should be unacceptable to anyone committed to democratic
principles.

Those seeking closer economic integration have a special responsibility to
be strong advocates of global governance reforms: if authority over
domestic policies is ceded to supranational bodies, then the drafting,
implementation, and enforcement of the rules and regulations has to be
particularly sensitive to democratic concerns. Unfortunately, that was not
always the case in 2015.

In 2016, we should hope for the TPP’s defeat and the beginning of a new era
of trade agreements that don’t reward the powerful and punish the weak. The
Paris climate agreement may be a harbinger of the spirit and mindset needed
to sustain genuine global cooperation.
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