Friday, 1 May 2009

Lamy: WTO in 2012 - Stronger WTO, Stronger Secretariat

On his reappointment as the WTO DG, Pascal Lamy outlined his plan for the WTO for the next 4 years. Below is his full speech, which emphases added by me.



Lamy: "Strengthening the WTO as the global trade body"

Director-General Pascal Lamy, in presenting to the General Council his vision for the WTO for the next four years, said on 29 April 2009 that "the WTO, as a living organism, should continue to improve its capacity to rapidly react to global challenges, as we are seeing in the current crisis, and to contribute to devising solutions to those challenges. The reinforcement of the multilateral trading system, in particular through the conclusion of the Doha Round, should be our guiding light. In the constellation of global governance, let's work together to see the WTO star shining ever brighter." His presentation was made in the context of the Director-General appointment process.


Statement by Pascal Lamy, WTO Director-General

Mr Chairman,

Thank you very much for the opportunity to express my views and for providing an occasion for a dialogue with all members about the next four years. I hope that this process allows us to distance ourselves, albeit briefly, from our day-to-day concerns, and to look at the bigger picture.

As the poet Carl Sandburg once said: "a politician should have three hats. One for throwing into the ring, one for talking through and one for pulling rabbits out of if elected." The good news is that I have the hat. But the bad news is that we do not yet have a rabbit to pull out of the hat!

Jokes aside, I approach this exercise very much in the same spirit that I did in 2005; that is, remaining at the service of all WTO members and contributing to the strengthening of this Organization.

Let me start by reiterating my deep belief in the primary purpose of the WTO, which is to open trade for the benefit of all. The pursuit of openness, the guarantee of the most-favoured-nation principle and non-discriminatory treatment by and among members, and a commitment to transparency in the conduct of its activities, remain our founding political values.

I remain convinced that the gradual opening of domestic markets to international trade, with justifiable exceptions or with adequate flexibilities, allows the achievement of sustainable development, raising people's welfare, reducing poverty, and fostering peace and stability.

But this does not mean that the benefits of rules-based trade opening accrue automatically to everyone. Hence the notion of a "Geneva consensus", which I enunciated in this same room in 2005. It is about trade opening but it is also about proper domestic and international policies, which help translate more open trade into real, increased and perceived benefits for our citizens.

We are living in a time of crisis. Its full social impact is still to come and it will inevitably create political pressures. And it is precisely now, when protectionist temptations abound, that the value of the multilateral trading system is all the more apparent to us. The GATT-WTO system of global trade rules patiently constructed over the last 60 years is first and foremost a provider of confidence for economic operators. And, as the crisis has shown, confidence is today the missing link to bring the world back onto a path of growth.

Therefore, our main objective for the years to come, as I see it, is to strengthen the role of the WTO as the global trade body. This means making the WTO more development-friendly, more "user-friendly", so that its benefits are felt by all, large and small, rich and poor, strong and weak.

Our core business is opening markets and designing trade rules. This is and will remain our unfinished business. Our task is far from over.

If we agree on this overall objective, which I believe we all do, how can we increase our chances of achieving it?

Based on the experience of the last four years and on the consultations I have had with many of you in recent weeks, there are four areas which, in my view, we should work to improve. These four areas are: negotiations; implementation; coherence; and outreach.

Delivering on the negotiations

Contrary to conventional wisdom, the WTO is more than its negotiations. But delivering on the negotiating mandate of the Doha Round remains the litmus test of our collective ability to strengthen the global trading system. This is why I believe that concluding the Doha Development Round is and should remain our number one priority.

Beyond the trade-offs required to conclude the Doha Round and also beyond the market access that it will bring, lies its hugely important systemic value. The biggest prize in the Doha Round is the certainty, predictability and stability it will bring to global trade. It is in a moment of crisis, such as the one we are witnessing today, that the value of this insurance policy increases.

The hard fact is that concluding the Doha Round is difficult precisely because its results will be meaningful: this Round is two or three times greater than previous ones, in terms of cuts and commitments. Also, this is a Round focused on benefits for developing countries — this is a true Development Round. If measured in terms of duties foregone, two-thirds of the potential benefits of tariff and subsidies cuts resulting from this Round will accrue to developing countries' exports.

What we need to do as of now is to reset the process at a political level, building on where we left it last year.

We have walked along the Doha Round path for seven years now and we are 80 per cent of the way there. We have done it together, with a bottom-up, inclusive process. A lot has been achieved — if you look back from where we started, there is a fairly long list of issues where views have converged. I believe the time is ripe to start taking the negotiations to the last phase; i.e. to run the last mile.

Looking beyond Doha, there are many new ideas floating around on potential areas for future work. Many of these have also come up in my consultations with you. Take climate change, where I am convinced that the first step should be a multilateral agreement embracing all major emitters that we all hope to see emerge at Copenhagen. Issues relating to food security, energy, labour, competition, investment or financial protectionism, however defined, are also in the air.

My own sense is that our capacity to project ourselves into the future depends on our capacity to make the present happen. These issues do not belong in the current agenda. Obviously nothing prevents us from thinking about the future but I believe serious work on any future topic should commence when the finish line of the Doha Round is firmly in sight.

Let me mention two areas which are part of our current mandate and which, in my view, deserve more of our attention: Regional Trade Agreements and Rules of Origin.

On RTAs, it is difficult to see why such deep concessions and commitments are undertaken today in the context of preferential agreements, without any consequences in the multilateral context. We all know this is a complex issue and that there are differences between RTAs aiming at deep regional integration and other free trade agreements. But, if we are serious about the prevalence of the Most-Favoured-Nation principle, we should collectively think about some way of gradually "multilateralising" concessions made in free trade agreements. Food for thought for Article XXIV negotiators.

On Rules of Origin, the proliferation of different regimes — regional, bilateral or even unilateral — needs, in my view, to be addressed head-on, in order to simplify the lives of trade and economic operators.

These two examples — RTAs and Rules of Origin — show that the WTO's current agenda is anything but old-fashioned. A lot of what we do today was already in the agenda of the Uruguay Round, even in the Tokyo Round to be more precise! But the fact is that they remain as relevant, if not more so, for economic operators today.

There are also a number of ideas being floated as far as the negotiating processes are concerned. Many have been explored in the Sutherland Report as well as in the Report of the Warwick Commission.

We currently operate within three constraints: decision-making by consensus, all negotiating items bundled into a single undertaking and a bottom-up negotiating process.

I do not think the "consensus about consensus" should be reopened. Taking decisions by consensus increases the legitimacy of agreements reached in an international forum, which is necessary and welcome, as the degree of legitimacy decreases with distance from domestic political processes.

The question then is how to build consensus. Resorting to the well-known concentric circles' approach is probably the only efficient method available. But it demands a rigorous transparency commitment by all: everyone must do his/her part. We must recognize that there is not yet enough transparency in the way we currently work — hence, there is room for improvement.

We also need to find ways to move faster to the centre of gravity on the negotiating topics, to increase efficiency. Here, in my view, there is something to be learnt from the negotiating processes of other international forums.

Sectoral and plurilateral agreements or concepts such as "critical mass" have already been tested. But again, I believe this should not be the focus of our work at this stage.

Improving implementation

The second area of future focus should be improving implementation of existing agreements. When one looks at the functions of the WTO, there is a striking contrast between the sophistication of the negotiations, the solidity of the Dispute Settlement Mechanism and the fragility of surveillance and transparency, which is nevertheless one of the pillars of the multilateral trading system.

The mandates for notifications and peer review are there, but in my view not enough attention and resources have been given to their implementation. A certain lack of overall vision and of analytical capacity handicaps the surveillance function of the WTO.

There are, however, some bright spots. Progress has been made in transparency in Regional Trade Agreements, for example. And with the monitoring of the measures taken in response to the crisis we have shown that we can collectively make a more muscular use of these mechanisms. But many committees register a poor record of notifications and — most importantly — of their quality and examination. As one of you told me the other day, we have been collectively a bit lazy in this field.

The challenge is how to improve this. We could make better use of technical assistance, focus more on the capacity of members to comply with their notification obligations and better prepare them for a more effective peer review. We could better operationalize Trade Policy Reviews. We could also redesign notification formats so that they become multipurpose. An improved surveillance process would surely increase trust in the system and avoid jamming the dispute settlement mechanism, through an "early warning" system.

As for dispute settlement, my sense is that overall it is working well. In addition to what is being negotiated in the DSU review process, there are some areas for improvement, such as reducing the administrative costs for the Secretariat — the length of submissions and annexes to be translated is one issue to be tackled — and addressing peaks of activity.

Compliance with dispute settlement decisions is also an area to be given attention. As is the participation of developing countries in dispute settlement, where I believe that a boost to the Advisory Centre on WTO Law would surely be welcome. And also how to make better and more frequent use of good offices, mediation and arbitration, procedures which are provided for in our existing rules.

Building on coherence

The third area I would alike to flag is how to ensure more coherence both internally and externally.

Starting with the Secretariat: my view is that, in spite of past progress, there remains a need to further de-compartmentalize divisions, improve internal communication, enhance mobility of staff, make use of task forces - such as the one we have for crisis monitoring - or establish pools of experts, for activities such as Trade Policy Reviews, technical assistance and accessions. We should also have more informal sessions and seminars with members, to look across areas covered by the WTO.

Externally, the WTO is one of the planets in the global governance galaxy and its know-how can be leveraged even more to tackle global governance challenges. The main ingredients of global governance are efficiency and legitimacy. The key to combine these two elements is coherence.

We have used our convening power to ensure a more coherent approach to different issues in the international trade and economic agenda. In the last four years we have strengthened the functioning of the explicit coherence mandate that the WTO has with the World Bank and with the International Monetary Fund. But we have also worked to expand the WTO's coherence with other international and regional organizations. I intend to continue working along these lines.

Aid for Trade and the Enhanced Integrated Framework are clear examples of that. Monitoring of the measures taken in the context of the current crisis is another example. Trade finance and the recent initiatives to convene stakeholders at the WTO to address this issue globally are also examples of our capacity to promote a coherent approach to global problems. The same can be said of the Standards and Trade Development Facility (STDF). We should build on this in the future, and pay more attention to the regional level, which is becoming more and more relevant, including for our trade-related technical assistance.

We are engaged in joint research with other international organizations, such as the ILO, the OECD, UNCTAD and Regional Development Banks. A joint study on trade and climate change jointly produced by the WTO with UNEP will soon be published.

On a more macro level, the building of bridges with the UN system, with trade being part of the Millennium Development Goals' endeavour and through my own involvement in the Chief Executives' Board, should also help to improve coherence in our work with the United Nations family.

Boosting outreach

This is one area where, despite our efforts, a lot of work remains to be done. There continues to be a disproportion between the activities we have amongst ourselves - over 7,000 meetings taking place in the Centre William Rappard every year - and the intensity of interaction with our environment and the public.

Starting with our own circle: there is room for improvement in the interaction with small and non-resident delegations. A review of the proportion of training resources offered to these members should be done, so as to ensure that their needs are addressed.

Then, reaching out to non-members, we have accessions, an area that many of you have pointed out as needing focus in the coming years. There is a certain malaise amongst acceding members, as they feel that the bar for accession seems to continuously rise. There are specific concerns on the part of LDCs on the use of the guidelines for their accession to the WTO.

Accession is a complex process, necessitating both domestic ownership and capacity, which require hard work in many acceding members. However, I believe that there may be merit in devoting more focused efforts as well as ensuring greater political attention to accessions, in particular those of Least Developed Countries. I for my part also intend to do so when this is required.

Turning now to our external stakeholders — NGOs, parliaments, staffers, academics, business — there is also a need to strengthen networking and increase transparency.

In the past four years, we have worked to enhance our engagement with civil society. We have launched a pilot accreditation project of local NGOs to facilitate their access to the WTO premises during Ministerial Conferences, Trade Negotiation Committees, and General Councils. We have devolved a greater portion of the organizational aspects of the WTO's Public Forum to civil society, allowing civil society to itself shape the Forum. I myself have regularly engaged with NGOs both in Geneva and during my travels, acknowledging their input in our work.

We have made better use of our website and of electronic dissemination, through webcasts. We have strengthened our outreach to academics, in particular those in developing countries. Just this week we have launched the WTO Essay Award for young economists.

But there is more to do. In my consultations with civil society ahead of this meeting, a number of ideas were raised. For example, a greater opening of our Trade Policy Reviews or greater engagement of civil society on the ground during WTO Technical Assistance missions. These ideas are worth exploring together.

Special attention, in my view, should be given to parliamentarians and staffers, who hold the keys to deciding agreements at the end of the day and adopting legislation in a WTO-consistent manner.

Our most challenging outreach problem, though, remains with the general public. The WTO has very high notoriety — but low popularity, even if this is changing, in particular in developing countries. The WTO is too complex to be user-friendly. Communicating WTO is like telling people that Lord Jones has died when they did not even know that Lord Jones was alive! Its complexity is a handicap — something which deserves serious thought. We need to think how we communicate in a friendlier way.

We have improved our WTO website, which is very well-rated amongst surfers of the web, but more can be done, using all three languages.

In sum, we need to change gear. The classic asymmetry in the politics of trade - the many who benefit are silent, the few who suffer are vocal - means that the burden of proof is on us. It is for us to make the case for open markets and better regulation. We need to have a better radar picture of media reporting on the WTO. Public perceptions continue to be too dotted, especially in the non- English speaking world. There is a need for further engagement with domestic and regional media. And the WTO Secretariat cannot do it alone; we need to work on this together.

A Secretariat at the service of members

Let me now turn to the Secretariat. It is small but beautiful. Comparatively small in size and therefore capable of rapidly adjusting to changes in priorities, in workload as in tasks. Beautiful because it is full of powerful intellects and efficient professionals and support staff devoted to servicing you.

My overall objective, as the head of the Secretariat, is to enhance its capacity of providing support to members. For that, there is a need to keep modernising the Secretariat, while keeping it frugal. Version.3 changes have increased productivity — and will continue to do so.

As to recruitment, I will continue to adhere to the principles of expertise, merit and diversity. In the last four years and even within the very limited overall staff turnover, we have increased the number of nationalities of our staff: we have added eight new nationalities from developing and Least Developed Countries. Sixty per cent of staff recruited at junior professional level have come from developing countries and LDCs. Half of them had gone through one of our internship programmes. Two-thirds of our internships went to developing-country and LDC young professionals.

But there is more to be achieved in terms of improving diversity, including on gender mainstreaming, as well as in improving our internships for young professionals, as suggested by some of you, in particular from developing and Least Developed Countries. I will continue to advance this.

We have worked to make the WTO a greener organization by developing a plan to cut down emissions. In this context I believe that we could work together to use more technology and reduce the paper flow to Delegations. As far as the Secretariat is concerned, I intend to pursue the objective of achieving a paperless Secretariat by 2012.

On the building, our aim is to keep the renovation costs within the envelope which has been agreed by members. The renovation works have already started in the south wing, with the date for the end of the entire works being Autumn 2012. By then, we will have renovated the Centre William Rappard and built its extension in the current south parking — local political specificities permitting of course. I count on the support and well-known lobbying skills of you all to engage in this important local campaign !

There will be the unavoidable disturbance during the works which we will strive to keep to a minimum. There will also be difficulties with parking, even if the Secretariat has vacated all but a handful of parking slots on site for your use. In advance I count on your understanding for the disturbances during the renovation and construction period.

Also on the Secretariat, I believe we have to increase its services, its support and its analytical capacity. The issue cuts across all areas of improvement I have identified.

We cannot do our work better without seriously increasing our research, analytical and dissemination capacity. We need to work further on our databases, in terms of accessibility and interoperability. But simply producing and publishing data is not enough. We need to be able to better analyze and share it. The WTO needs to become more of a reference on trade knowledge, i.e. on the analysis of global trade policy data and statistics. We need to move from production to interpretation, from raw numbers to trade intelligence. And again, this is key to all areas: negotiations, monitoring, dispute settlement, technical cooperation and outreach.

Also, we need to continue operating as a forward-looking radar on trade issues, but in a more systematic way. We need to be fully aware of new issues and examine potential future obstacles to trade, to be at the cutting edge of awareness of the shaping factors of world trade, to continue to better serve you. This requires efficient networking — and hence a stronger base in the WTO, so as to be able to provide members with simulations, quantifications, scenarios and options.

The changes introduced in the Secretariat so far have increased our efficiency, but we are working at near-full capacity. To be able to further improve our services to you, to be able to respond to requests for analytical work, we will need to increase our resources. Staff will have to be strengthened with more economists, lawyers and communication specialists. There is scope for redeployment which I will continue to do. But my own sense is that this will not be enough.

My approach to our budget has been a simple one: the budget is a forecast, not an authorization to spend. If there is money left, we give it back — which we have done. And the introduction of an activity-based budget will make us more accountable to you. We will have an occasion to discuss this in our next bi-annual budget. I count on your support for this.

One issue of particular concern is the current situation of the WTO staff pension plan. The plan, as you are aware, is of the collective responsibility of WTO staff and members. Apart from the negative impact of the crisis on the plan, it also suffers from an actuarial deficit, which should be addressed urgently. I trust that members will give due attention to solving this problem in the near future.

While on budgetary issues, I have a concern with the issue of arrears, in particular those of our poorest members. Some thought must be given to how they could start from a clean slate. Another concern is the increase of trust funds, which implies costly administrative work. We should seriously consider whether there is scope for the integration of at least some of the current activities provided by trust funds into the regular budget.

Let me close by addressing the question of WTO ministerial meetings, which many of you have raised during our consultations. We should de-dramatize ministerial meetings, make them a more regular exercise, where WTO activities are reviewed across the board, to ascertain the level of satisfaction of members with the running of WTO activities and to address priorities at a political level. We have not had a ministerial meeting since 2005 and my own sense is that we should not close 2009 without one. A regular ministerial meeting is one thing; ministerial involvement in negotiations is another. We should not confuse the two.

In conclusion, Mr Chairman, no major surgery needed in the WTO. No major overhaul of the system is required. But rather a long to-do list to strengthen the global trading system. I am ready to do my part and to assist members in achieving the objectives of this Organization. The WTO, as a living organism, should continue to improve its capacity to rapidly react to global challenges, as we are seeing in the current crisis, and to contribute to devising solutions to those challenges.

The reinforcement of the multilateral trading system, in particular through the conclusion of the Doha Round, should be our guiding light. In the constellation of global governance, let's work together to see the WTO star shining ever brighter.

I thank you Mr Chairman.

Wednesday, 29 April 2009

Minister Chen in the WSJ - April 27, 2009

Strengthen U.S.-China Trade Ties

Now is no time for protectionism.

http://online.wsj.com/article/SB124085557829760091.html

Economic links have always been an important basis for the China-U.S. relationship, and the growth in trade between the two countries has been robust since the establishment of normal diplomatic relations. Today, China and the U.S. are each other's second-largest trading partner; the value of the two-way trade in goods exceeds $300 billion.

U.S. businesses have benefited greatly. In the past five years, American exports to China have doubled. The U.S. trade surplus with China in services has grown 36% every year, and the overall value of U.S. export services to China exceeded $16 billion last year. U.S. businesses have invested more than $60 billion in 57,000 projects in China. In 2007, American-funded companies in China enjoyed a 17% increase of profit, while domestically the profit of U.S. businesses dropped by 3% on average.

But the commercial ties between our two nations are affected by the global financial crisis. Chinese statistics show bilateral trade dropped 6.8%, and U.S. investment in China slumped 19.4%, on a year-on-year basis in the fourth quarter of last year and the first quarter of this year.

History tells us that the more serious a crisis becomes, the more committed we must be to openness and cooperation. Regrettably, however, trade measures by the U.S. against China are on the rise. Recently, American industries have petitioned the U.S. government for antidumping investigations, and for investigations under the World Trade Organization's "special safeguard provision," which could restrict imports of Chinese products. This will seriously test China-U.S. economic and trade relations.

Despite these challenges, the need to foster positive Sino-American ties has never been greater. We need to recognize the existing differences between us in social systems and economic development, and constantly enhance mutual understanding and trust. Both countries should step up cooperation on trade and investment issues, and explore and establish new possibilities for cooperation in such areas as agriculture, new and high technology, finance, energy and the environment. Dialogue and communication also need to be intensified concerning multilateral and regional trade and economic affairs. To that end, I would like to put forth four proposals:

- First, seize the opportunity for cooperation, and work together to tackle the crisis. At present, both governments have rolled out economic stimulus packages on a massive scale, which in turn are expected to become new growth areas for our trade and investment cooperation. For example, China's demand for infrastructure, machinery and equipment, and environmental protection is huge. It is hoped that both countries would turn these opportunities into tangible outcomes.

- Second, mutually open markets to expand trade and investment. The Chinese government does not pursue a trade surplus with the U.S. We will continue to encourage Chinese companies to import more from the U.S., and we will also welcome U.S. companies and trade-promotion agencies to be more active in China.

Since foreign direct investment is a basic element of China's opening-up policy, we welcome American companies that want to increase their investment in China. Meanwhile, we also encourage capable Chinese companies to invest in the U.S. We hope that the U.S. government will welcome Chinese investments and create an open and transparent investment environment.

- Third, strengthen bilateral dialogue and resolve differences properly. As trading partners with broad and close ties, both countries should not allow differences on some issues to affect their cooperation in areas of common interests. We need to use the U.S.-China Strategic and Economic Dialogue and the U.S.-China Joint Commission on Commerce and Trade to boost strategic mutual trust, expand dialogue and cooperation, and establish a high-level and stable regime of bilateral trade and investment facilitation.

- Fourth, safeguard the environment for trade and advance the Doha Round. The U.S. and China, as the largest and the third-largest trading countries in the world, respectively, should take the lead in following up the consensus reached at the G-20 Summit in London and refrain from formulating any new trade protection policies before the end of 2010. We should also exercise caution, avoid arbitrary use of the trade remedies allowed by the World Trade Organization, and honor our commitment to fight protectionism. The two countries should also work together to advance the Doha Round, strictly follow the mandates of the Doha Development Agenda, lock in what has already been agreed to in past negotiations, avoid reopening negotiations or adding new subjects, and seek the success of this round.

A positive, cooperative and comprehensive Sino-American relationship will surely bring new prosperity and development to both economies. I hope and believe that bilateral trade will rise to a new high and exceed $500 billion in the coming five years, growing in a more balanced way.

Mr. Chen is minister of commerce for the People's Republic of China.

Monday, 27 April 2009

WTO ANNOUNCES ESSAY AWARD FOR YOUNG ECONOMISTS

Prize

The annual WTO Essay Award consists of a prize of CHF 5,000 to the author(s) of the winning essay. In the case of a co-authored paper, the prize will be equally divided among the authors. The winning paper will be officially announced at the annual meeting of the European Trade Study Group (ETSG), which is currently the largest conference specializing in international trade. The first WTO Essay Award for Young Economists will be made in September 2009 at the ETSG meetings in Rome, Italy. The winning author(s) will receive funding to attend the meetings.
  

Selection

An Academic Selection Panel is responsible for the selection of the winning paper. From 2009 to 2011 the Panel will comprise:

  • Professor Jagdish Bhagwati (Columbia University)

  • Professor Robert Staiger (Stanford University)

  • Professor Alberto Trejos (INCAE Business School).

  • Ex officio panel members will include Dr Patrick Low (Director, Economic Research and Statistics Division, WTO Secretariat) and Dr Hakim Ben Hammouda (Director, Institute for Training and Technical Cooperation, WTO Secretariat).

  • Dr Michele Ruta (Economist, Economic Research and Statistics Division, WTO) coordinates the work of the Selection Panel.
      

Eligibility

The paper must address issues related to the economics of the WTO (e.g. the design of trade agreements, contingent protection, trade facilitation, the effects of trade agreements, Aid for Trade, the economic aspects of dispute settlement). The author(s) of the paper must possess or be engaged in the completion of a PhD degree and, if over 30 years of age, be no more than two years past a PhD defence. In the case of co-authored papers, this requirement shall apply to all authors. In addition, to be considered for the Award, essays cannot exceed 15,000 words.
  

Important deadlines

The essays for the first award must be submitted by 30 June 2009. The Economic Research and Statistics Division at the WTO Secretariat will shortlist a number of eligible papers by 15 July 2009 and the Selection Panel will take a final decision by 15 August 2009. Only the author(s) of short-listed essays will be notified.
  

Publication

The winning essay will be published in the WTO Working Paper Series and it is the responsibility of the author(s) to endeavour to secure publication of the contribution in a journal.
  

Submissions

All submissions should be sent to Michele Ruta with the subject line "WTO Essay Award". Submissions should include as separate attachments in PDF format:

1. the essay
2. the CV of the author(s), specifying (i) current affiliation(s), (ii) the academic institution awarding the PhD, (iii) the year (or the expected year) of the PhD, (iv) the date of birth of the author(s).

Sunday, 26 April 2009

New Book: Redesigning the World Trade Organization for the 21st Century

A new book - "Redesigning the World Trade Organization for the 21st Century" - sponsored by the EDGE Network, will be published by Wilfred Laurier U Press with Centre for International Governance Innovation and International Development Research Centre (IDRC) in August. Interested readers can find out more about this book here. I'm honored to be one of the contributors to the book.

Sunday, 19 April 2009

The chicken war continues - in Geneva

I was in Geneva the whole week for a meeting at the WTO. Yesterday, China decided to take the chicken case with the US a month after Dr. Zhang Xiangchen, China's DPR to the WTO, made the strong statement on chicken in the WTO. It seems Obama is in for a treat of Chinese-style stir-fried chicken. The question is, does he like Chinese take-outs as Bush did?

US ban on China poultry imports slammed
(Xinhua)
Updated: 2009-04-17 22:53


BEIJING - China said here Friday a recent US law banning poultry imports from China is "obviously discriminatory" and harms the due interests of Chinese poultry industry.

The Section 727 of the Omnibus Appropriations Act of 2009, which was signed into US law in March, disrupts the normal Sino-US poultry trade activities and breaches the World Trade Organization (WTO) rules on tariffs and farm produce, said Ministry of Commerce spokesman Yao Jian.

The Chinese mission to the Geneva-based WTO filed complaints to the organization on Friday about the Section 727. According to WTO procedures, once complaints are filed, the two concerned parties usually have some 60 days to resolve disputes through consultations.

If that fails, China can request the establishment of a WTO expert panel to investigate and rule on the legality of the US measure.

Yao said it was China's legitimate right as a WTO member to file such complaints. He urged the United States to attach importance to the strong concerns of China and properly resolve the dispute by WTO procedures.

China had many rounds of negotiations, both bilateral and multilateral, on the issue and the Chinese poultry industry had also voiced strong opposition, but those dialogues failed to address China's concerns, Yao said.

"The international community should overcome the current hardships together, prevent the financial crisis from spreading and jointly fight trade protectionism," said Yao. "That was also a significant common understanding reached at the London summit by leaders of the Group of 20 countries in early April."

According to the Section 727, none of the funds made available in the Omnibus Appropriations Act can be used to "establish or implement a rule" allowing imports of poultry products from China.

China and the United States banned imports of each other's poultry products in 2004 following outbreaks of bird flu. They agreed to lift the bans at the Sino-US Joint Commission on Commerce and Trade in 2004.

China did lift the ban but has complained that the United States was not following suit.

China imported 580,000 tons of chicken products from the United States last year, accounting for about 75 percent of total chicken imports.

Friday, 3 April 2009

Petition to prevent protectionism and collapse of trade

As the G20 meeting opens, Jean-Pierre Lehmann, the Evian Group Founding Director, called for business leaders and academics from around the world to sign a petition to the G20 leaders for an urgent mobilisation of the business community to fight protectionism. The Text of the Petition is reproduced below. Interested readers can also find the text of the petition at Evian Group's website.


The Honourable Gordon Brown

Prime Minister, UK Government

Host, The G20 summit



Prime Minister

We are writing to you as global business executives, business school professors and business consultants a very strong message we would ask you to convey to the heads of government of the G20 meeting that you have convened on 2 April in London.

At this extremely perilous juncture of the global economy, we wish to express our total commitment to the maintenance and indeed improvement of the open global market economy and the rules-based multilateral trading system. Protectionism must not prevail.

We ask the G20 leaders to think back and to think forward. As the current state of the world economy is being labelled the worst since the 1930s, they should think back at the cataclysmic effects – especially in respect to employment – that the protectionist surge then inflicted.

We ask them to think forward. Over the course of the next decade there will be hundreds of millions of young people coming on to the labour markets in the developing world. This is perhaps the greatest challenge the world faces in the immediate future. Trade is by no means a guarantee that there will be sufficient growth for the required number of jobs to be created; but we can be sure that if trade continues to fall at the rate it is at present and if greater barriers are erected, the outlook becomes extremely bleak and millions, perhaps billions, will suffer.

The Declaration of the earlier G20 summit contained the right words on trade, especially paragraph 13 in the sub-section entitled "Commitment to an open global economy". Regrettably the words have not been translated into action. We believe it is imperative for the sake of the global economy and for the credibility of the G20 itself, that the Summit you will be chairing does ensure that action ensues.

We are petitioning the G20 to hear a resounding rejection of protectionism and an unambiguous commitment to an open global market economy along with specific measures and deadlines for implementation.  

Friday, 27 March 2009

The chicken war continues

Statement by Dr. ZHANG Xiangchen (Minister and DPR of China to the
WTO) on the US Omnibus Appropriation Act of 2009
Tuesday,March 17,2009 Posted: 18:16 BJT(16 GMT)

http://wto2.mofcom.gov.cn/aarticle/bilateralcooperation/inbrief/200903/20090306106235.html

March 12, 2009

Mme. Chair,
I come to this meeting with a specific instruction from Beijing to
make an intervention under this item and express the serious concern
of the Chinese government about of the US Omnibus Appropriation Act of
2009.
On March 10th, the US Senate approved this Act with a section 727,
which constitutes a clearly discriminative measure against imports of
poultry from China. This section reads: "none of the funds made
available in this Act may be used to establish or implement a rule
allowing poultry products to be imported into the United States from
the People's Republic of China."

Mme. Chair, I know that everyone in this room is expert of WTO rules
and it is needless to explain why such discriminative measure is
forbidden by the WTO. Perhaps we could send to the Institute of
Training and Technical Cooperation of the WTO Secretariat a copy of
this section, which would serve as a perfect example for their
training courses. I believe that any trainee with a preliminary
knowledge of the WTO disciplines will tell that this section violates
the basic rules of the WTO including the MFN. We strongly disagree
with the US view that this section is in conformity with the WTO SPS
Agreement since we believe that the issue here is irrelevant with the
SPS Agreement.

Actually this section is not new. There was a section 733 of the same
language in the US Omnibus Appropriation Act of 2008. On that section,
China has been repeatedly expressing our serious concern with the US
both bilaterally and multilaterally. Most recently at the US Trade
Policy Review of June 2008, the US answered that "Section 733 is set
to expire at the end of fiscal year." We took that answer with
goodwill and believed that, with the expiry of the section 733, such
discriminative practice would come to its end. However, the only
result is that we have a section 727 of the same language and the same
discriminative nature.
Mme. Chair, The questions I would ask my US colleagues, colleagues of
other Missions and the Secretariat are: What should we, China and the
US, do to avoid the reappearance of another section 7xx next year?
What should we, all Members, do to prevent such discriminative
practice from undermining the multilateral trading system and sending
wrong signal to the outside world at this critical juncture of global
crisis?
How should we live up to our commitments repeatedly make both here at
the WTO and at the G20 to resist trade protectionism?

Thank you, Mme. Chair.

Thursday, 19 March 2009

Launch of SEATRANET

At the kind invitation of Dr. Sorajak Kasemsuvan at the International Institute for Trade and Development (ITD) , I went to Bangkok earlier this week to participate in the Regional Workshop on "FTA's Impacts on Developing Countries: the Asian Context" on March 17th. The ITD is jointly sponsored by the Government of Thailand and UNCTAD and is one of the most active centers on trade issues in the region. The workshop also marked the public launch of South East Asia Trade Policy Training Network (SEATRANET), a joint project between the APEC and Canadian International Development Agency. 

China is not Kung Fu Panda.

In a previous post , I mentioned that China has shown that it is no chicken in the "chicken game" with the US. Last week, Minister Chen of MOFCOM further announced that China is not "Kung Fu Panda" either. So the question is: what is China?

陈德铭:中国不是功夫熊猫 非经济救世主

(中国)和讯网 <http://www.homeway.com.cn/>   (2009-03-09)
 
永蔚独家访问:对话商务部长陈德铭中国并非世界经济救世主

金融危机冲击之下,全球经济低迷,现在是中国企业“走出去”的最好时机吗?中国频繁的对外投资和采购是否非常时期捞取利益?对日益抬头的贸易保护主义中国是否会举手还击?发放消费会否全国推广?

中国中央电视台中文国际频道《中国新闻》首席记者任永蔚独家采访中国商务部长陈德铭,请他对上述问题作出权威解答。

企业家组团再访欧洲机械电子业寻商机

任永蔚:我们知道3月8号商务部又一次组织中国企业到欧洲进行投资和并购,这次并购的目标和领域是什么?

陈德铭:这个团是我们上次政府采购团的贸易投资促进团的任务的延续。主要想做并购的应该是围绕着机械、电子这两个产业,以及国外一些名牌、名品和销售网络,围绕这么一些东西去做。

任永蔚:为什么把方向定在这些方面?

陈德铭:因为投资总归是要自己想怎么发展,自己才去做,就像购买一样,我应该买到我需要的东西,投资也应该得到跟我现在的事业发展相融合和结合的。

为什么主要会在机电产业呢?这和我们国家的经济结构有关系。因为我们国家的机电产业现在占的比例很多,产业优势也是最强的,但是高档的机电产品加工,我们 向相对处于一个劣势的地位。所以在这个产业比重比较多,也有一些,像做纺织服装的也有,因为你知道名品、品牌主要是在欧洲,像服装主要是在欧洲,所以到欧 洲有些去看欧洲的服装品牌。

另外一个角度为什么呢?也是对方提出来,他们有这样一些企业,希望我们去,这样就有一个供需的吻合问题在里面。

帮助企业“走出去”商务部供信息避弯路

任永蔚:我们知道在现在经济危机的大背景下,中国企业对走出去很有热情,作为主抓这项工作的商务部为他们能做些什么呢?

陈德铭:从国务院各个部门“三定”的分工来讲,我们是牵头企业走出去投资的,现在的国际市场机会下,企业走出去我们应该起牵头作用。

同时,我们在国外有200多个商务参赞机构,他们了解各个国家的情况,有发达国家的、新兴国家的,也有欠发达国家的情况,这些国家有的企业是想到中国来投 资,有些现在难以为继,而有些则希望中国有合伙者去参与共同经营,而恰恰那些合伙者也是想走到国际市场,我们会给他们一些帮助、指导和支持。

首先,在信息和服务上面,我们这一年两年在编各国投资指导这样的书籍,对每一个国家的经济法律环境,主要的产业结构有介绍,而且有不同语种的对照,可以作为参考。

第二,我们跟各省的商务机构合作,帮助企业走出去,我们海外的机构为他们服务。

第三,我们按照不同的产业,会组织一些企业有序地到一些国家去考察投资环境,走出去之前首先我们境外的参赞机构会介绍对方的要求,有这样的需求了我们才去,不会盲目地走出去。

“走出去”遇好时机行动谨慎勿跟风

任永蔚:您说到商务部会协助中国国内的企业走出去,参与一些并购,您认为现在是企业走出去的合适时机吗?

陈德铭:

从当前国际的金融危机和世界经济的衰退,从外面来讲,应该到了一个比较好的、该走出去的时候,但是我觉得不用着急,因为经济还在往下走,可以边看边走,要 具体分析。但从国内企业的发展规模、人才和资金的准备方面来讲还不是充分,我们多数企业对国际市场的了解、人才准备还欠缺一点。但这个时机稍纵即逝,所以 我觉得国内有条件的企业应该走出去,但也要总结我们一些企业这几年走出去也有一些失败的案例,虽然不多,也有全军覆没的,也有被人家坑蒙拐骗的,也有经过 市场探索最后失败的,虽然非常少,也要总结这些案例,防止走出去一哄而起,带来很多的困难。这里面特别要了解国外的《劳工法》,国外的工会组织是怎么组织 活动,往往这些问题我们有时候没准备,只注意了大的投资环境,没有注意劳资关系的问题。所以我想我们大家要积极而谨慎地做这件事。

并购海外企业投资地欢迎中国

任永蔚:前一段中国企业在海外并购资源类的企业,有外国媒体就称这是中国利用经济危机,捞取经济利益,对这种说法你怎么看?

陈德铭:我对这种说法当然是淡淡一笑,不屑一顾了。因为中国企业到海外去并购资源,也是在世界资源价格下行的环境下,对很多资源类国家经济困难的稳定作 用,我们需要资源,但是我们不仅是购买,我们还帮助去开发,而且我们开发的方式、程序以及工艺都是环保的,都是比较先进的设备。

但是有些人这么说,可能有各种自己的动机、目的,我们觉得不屑一顾,但是我们国家绝不是仅仅只看重资源才去投资,即便资源类的这些项目,我所看过的国家, 比如非洲非常困难的一些国家,我们是做的非常好的,我们绝不是光开发资源,在开发的同时,我们还帮助当地社区的发展,比如帮助他们建立了医院,把他们的工 人家属,另外一半组织起来,搞缝纫、种菜、养猪,让他们有其他收入的增加。

此外,我们还帮助他们解决很多社会矛盾。我到赞比亚去看,赞比亚盛产铜,大部分西方的铜矿现在都停工了,但是我们3400个工人在那儿没有解雇一个,而且收入很稳定。所以这种做法,大量的发展中国家是非常拥护和支持的。

这些做法在其他国家,尤其西方国家是不可想像的。我说这就是中国共产党领导的社会主义制度优越性所决定的。

战危机中国非救世主稳定发展就是贡献

任永蔚:现在世界都寄望于中国经济的增长来带动世界走出金融危机的阴影,您对于中国在其中扮演的角色和作用怎么看?

陈德铭:我觉得中国确实比过去强大了,整个世界对我们的期望也高了,我们也应该在自己发展中,在国际上尽更多我们的责任和义务。但是把我们捧得很高,把我 们像描绘成一个世界的救世主一样,像“功夫熊猫”一样能救世界经济危机是夸大了,因为我们的责任和任务首先是做好本国的事情,我们中国经济还能在今天稳定 发展,那就是对世界经济最大的贡献。在这个过程中,我们也尽我们的力量,在贸易、投资方面跟世界多一些合作。

很多媒体一会儿说我们要救世界,一会儿又说我们造成了世界的经济失衡的责任、货币的超重,它会从两方面说,我觉得真是无稽之谈。

外贸下滑依然盼二季度出口回升

任永蔚:从目前2月份的数据来看,中国的外贸形势如何,什么时候能够止跌回升呢?

陈德铭:外贸数据还没有对外发表,所以我不能断然预言。我估计2月份和一季度整个的进出口还是下行趋势,因为全球金融危机的蔓延,世界经济的衰退还在继 续,那就意味着国际市场的萎缩还没有完全结束,可能还要观察一段时间。有可能二季度形势会有所改变,从目前情况来看,有可能二季度西方库存会减少,会增加 进口量,但总体西方经济下行的态势还没有止住,继续要观察,不断给予新的政策,来推动外贸进出口增长。

真正世界经济要进入谷底或者逐步回升,那要看西方国家,主要是看美国、欧洲、日本的股市、房市、车市以及他们的消费能不能起来,因为他们这几家占了世界消 费的60%以上,但是并不等于说这段时间我们就无所作为,他们这些国家还是有需求,特别我们的中档和低档产品的需求还是比较刚性的。

另外很多新兴国家和发展中国家,他们也还是需要很多的产品。如果大家能够反对贸易保护主义,那么西方国家治理经济的措施里面,也应该有中国的机会,就像我们按照国家领导要求去采购一样,他们也应该对世界开放他们的市场,这样是会互动更好一些。

反对贸易保护中国暂不出惩罚措施

任永蔚:因为有很多国家制定了购买本国货的条款,世界贸易保护主义正在抬头,有专家建议,中国也可以采取相应的惩罚措施,您怎么看?

陈德铭:至于买本国货的做法,总体来讲,现在出台我觉得不是一个合适的时机,中国并没有最后参加世界的政府采购的条例,我们正在准备参加的过程中,但是我 们的研究表明,有些国家当时参加的时候,就对某些商品做了例外处理,例如某一个钢铁非常发达的国家,他对钢铁也做了处理,当时大家也认可了,他这样一种贸 易保护,从法律上讲是允许的,在多边的法律框架下,从实际上来讲是不适宜的,因为在去年11月的华盛顿的G20峰会上,各国领导都表示了,一年内不出台新 的贸易保护政策。

一个国家,如果此前都表示要开放了,而且没有例外的东西,现在你关起门来卖本国货,我觉得那就是一种非常严重的贸易保护主义。所以我们在看问题的时候,会把正常的贸易保护和贸易保护主义分开,但是我们觉得即便正常的贸易保护,这个时候也要十分地慎用。

让民众愿意花钱需解后顾之忧

任永蔚:现在中国出口遇到一些因难,国家提出要拉动内需,那你觉得怎么做民众才愿意掏钱来消费?

陈德铭:这有几个原因,第一是我们的社会保障体系要健全,他们觉得自己生老病死是有基本保障的,自己的孩子读书也有保障,这样他们才愿意消费。

第二,亚洲人有勤俭节约的文化习惯。你看即便日本、韩国人均GDP比我们高那么多了,他们的储蓄率也还是很高的。所以这有一个渐变的过程,文化观念的变化可能是比较长的过程,可能会随着一代两代人而发生变化。

第三,就是在既有的消费政策、社会保障体系和文化观念下,商业系统能做很多营销方面的工作,比如说有钱,想花钱没地方花,想花钱不方便,想花钱因为质量问题不敢花,所以营销、服务、优秀的品质也是消费的前提,是我们需要做改进的。

商务部调查评估地方消费券发放推广全国尚无考虑

任永蔚:现在很多地方发放消费券,您认为这个可以全国推广吗?

陈德铭:我们针对各地的发放消费券的方法,在做一些效益的评估和调查了解,最后的结果我还没看到。

我觉得第一这是地方政府的权限范围,利用他们自己的财力做的,而且也是在这种困难情况下的尝试或者说积极的尝试。

第二,这种效果如何,而且不同的消费券,有对商业的,有对其他服务业和旅游业,我们想做一些跟踪和评估。

所以从商务部对国家的建议来讲,我们目前还没有考虑过,在没有评估结果以前不对全国进行这方面的建议。

扩内需想就业一举两得现双赢

任永蔚:下一步还会出台哪些鼓励消费的政策?

陈德铭:国务院已经制定20点“搞活流通,扩大内需”的政策。我觉得消费政策里有两点要考虑,第一就是消费尽量要鼓励最终的内需和消费,这样能够拉动内需,真正把钱花出去,第二要跟当前解决就业问题紧密地结合起来。

我们扩大消费时,首先要完善农村的流通网络,所有行政村设立农家店,自选商品,价格要严格控制不上涨,县里实现配送,农家店可解决农民就业问题。另外城市 里社区服务进家庭,服务业有很大市场,比如家政服务、各种维修、废旧物资回收、环境处理、对老旧汽车淘汰,早餐工程等,看起来都是非常琐碎的小事,但确实 能便民并解决就业问题。(中央电视台中文国际频道《中国新闻》首席记者任永蔚独家采访中国商务部长陈德铭) (责任编辑:王键)

Saturday, 7 March 2009

Behind the ECFA


两岸建经合机制 天时地利人未和?

(2009-03-07)

沈泽玮 台北特派员

  如果2003年重创香港经济的SARS病毒,是加速香港与大陆经贸整合的推手,那当前袭击台湾的金融海啸,可能是启动台湾与大陆经贸整合的关键诱因。

  中国总理温家宝前天在人大开幕式上发表政府工作报告时回应台湾政府,将推动签定"综合性经济合作协议",逐步建立"具两岸特色的经济合作机制"。

  台湾总统马英九当晚表示,第三次江陈会将在今年六月前举行,希望"两岸经济合作架构协议"(ECFA)能列入谈话议题。这也是马政府第一次列出了ECFA的对谈时间点。

  其实,ECFA原本叫CECA(Comprehensive Economic Cooperation Agreement),外界判断是因为和香港与大陆签署的CEPA只差一个字,所以马英九亲上火线定调,只用中文"两岸经济合作架构协议"。

  经济部长尹启铭则暂把CECA正名为ECFA(Economic Cooperation Framework Agreement,台语"A搁发",意即台湾会再发)。

  涉及两岸的议题就是摆脱不了政治纠缠,台湾内部也难达成共识,过去是中文名玩来玩去,现在连洋名也要变来变去。

  遇上罕见的金融大风暴,马政府上台后,拼经济拼不出,反而是出口崩盘导致经济病重。面对经济急需治疗及恐成经济孤儿的威胁,官方要力推与大陆签署CECA。

  民进党在总统选举受挫后,接着又被扁案压得喘不过气,CECA正好提供了一个反攻的议题,抨击的逻辑是:先经济后政治,台湾经济上过分依赖大陆,很可能导致台湾"港澳化",最终两岸统一将水到渠成。

  在野党从政治面发动攻势,马政府则试图从经济角度强调与大陆签署ECFA的急迫性。简单来说,就是要避免台湾经济边缘化,因为"亚细安十加一"(亚细安十国加上中国大陆)明年将启动,而"亚细安十加三"(亚细安十国加上大陆、日本、韩国)也预计在2015年落实。

  从明年起,大陆与亚细安十国之间的进口关税税率在10%以下的品项将降到零关税。而三年后,韩国和日本将加入零关税行列。韩国是台湾经济的主要竞争对手,让台湾焦虑的其实是"亚细安十加三"。

  以石化业产品为例,明年亚细安国家的产品进入大陆将免税,但是台湾业者还得承担6.5%至14.9%的高关税,竞争力将被削弱。

  台湾塑胶原料公会理事长、台化总经理洪福源日前表示,台湾泛石化产品每年产值高达40亿新台币,如果再不救,"等于三分之二的外销市场拱手让人"。

  如果产业没竞争力,一个应对方式可能就是外移到大陆或东南亚。但这可能造成台湾产业"空洞化",台湾民众的饭碗将跳舞。

  根据中华经济研究院的数字,"亚细安十加三"可能导致台湾经济增长率下降0.15个百分点,生产总额下降12.4亿美元,11万4000人会失去工作。

  官方借研究机构和媒体抛出惊人数据,不过,台湾智库董事长陈博志教授认为,那些数据至少被夸大24倍。

   陈博志也是民进党主席蔡英文的智囊之一。他在接受本报访问时说,那份研究的假设是,中国对其他国家的关税是9.1%,而对亚细安加三是零。不过,根据 2007年的资料算出,中国对其他国家的实际关税只有1.95%,因为有一些高关税的项目,它的贸易量其实很少,而且很多产品是可享有出口退税。

  陈博志指出,台湾产品科税可能还不到1.95%,因为台湾卖到大陆的产品是加工后再出口,那个税还要更低。他认为,马政府刻意夸大数据,以突出签署CECA的急迫性。

    

合作协议要谈什么

内容至今还没出来

  不过,对照香港和台湾,香港与大陆签CEPA的意图简单直接,就是希望能进入大陆市场。台湾的意图比较复杂多重,它不只是为了大陆市场,更关键的是要放眼全球,希望在和大陆达成某种协议后,可以和亚细安国家、日本以及美国等签署FTA(自由贸易协定)。

   受访的政大经济系教授林祖嘉说:"主要就是中共的压力很大,如果不签,大概就会像过去八年那样子,卡在大陆市场,我们有40%的出口都到大陆去,所以实 际上反而是和中国走得更近。如果和他们签了架构,台湾就可以和其他国家谈FTA。像新加坡就讲得很清楚,新加坡和台湾的关系不可以走在大陆的前面。"

  林祖嘉指出,香港的CEPA和台湾的CECA,味道都是一样,都是在WTO的标准下进行。差别在于,香港和大陆的CEPA是循"一国两制"的方针进行,台湾不可能接受"一国两制"。如果大陆要把"一个中国"的原则加进去,那台湾可能提出"一中各表"。"

  陈博志则认为,马政府不能幻想和大陆签了CECA架构,就必然打通和其他国家签署FTA的通道。他说,如果真要考虑CECA,就必须争取和大陆签署CECA的同时,也签署加入"亚细安十加一",以及获得大陆承诺不阻止台湾和其他国家签署FTA。

  他说:"要保证台湾的利益,最好一手交钱,一手交货。就一起签嘛,大家不要欺骗。东协(亚细安)十加一是大陆在主导,如果这个它都不让你签,那我们还可以相信它的承诺吗?"

   陈博志以抓山猪作比喻,山猪很勇猛,硬抓是抓不到的,就只能三面包围它,留一个缺口让它跌入陷阱,"这个道理简单不过,他不让你和别人往来,让你对他有 高度的依赖"。以香港为例,陈博志不看好香港未来的发展,因为香港没有制造业,太过依赖大陆游客,金融业方面也不排除可能被上海取代。

  尽管马政府力推两岸经贸"正常化",但台湾可能被"香港化"、大陆"以经促统"的战略,在野党及好些民众都时时记在脑中。

  冒着政治上的风险,马政府还是要推CECA,或许只能说明台湾的经济情况确实很糟。马英九还引用了已故蒋经国总统当年力推"十大建设"时的名言疾呼:"今天不做,明天会后悔。"

  两岸分歧虽然大,但却不如台湾内部的鸿沟。到底大陆与台湾的经贸关系是"正常化"还是"香港化"?是依赖还是利用?是经济需求,还是统一前奏?接下来,就要看马政府和在野党的文宣战怎么打了。

Emergence of lobbying in China?

美对华贸易保护首拳将出 百名人大代表联名提抗议

2009年03月07日 11:5721世纪经济报道 】 【打印已有评论0

北京时间3月6日半夜,美国参议院将对2009年综合拨款法案进行表决。按照流程,这一2月25日已经在众议院通过的法案,只要在参议院通过,再经总统奥巴马签字,即可生效。

而在中国,上百名人大代表正关注着美国这一国内法案的进展。因为这一法案中有一条:“根据本法所提供的任何拨款,不得用于制订或执行任何允许美国进口中国禽肉产品的规则。”

“如果这一条款通过,5年内,中国禽肉都不可能重返美国市场。”中国食土商会禽肉分会监事长、吉林德大有限公司董事长王秀林向本报记者表示。

据本报记者了解,此前已经有来自山东、黑龙江、内蒙古、广东四省的超过100名人大代表,联名向全国人大提交建议,要求针对美国这一明显歧视中国禽肉产品的条款,中国政府应该表示强烈抗议,并且暂停美国禽肉进口。

奥巴马政府上任以来,其强烈的贸易保护主义倾向一直为外界担忧。但是此前谁也没有想到,两个贸易大国2009年的首场较量,会从各自的立法者开始。

歧视中国条款世界首创

在两国贸易界,这一新条款被称为“727条款”。

“这一条款的内在含义是,中国禽肉产品如果要恢复对美国的出口,美国农业部必须要到中国进行一系列的检验、认证、许可的工作,但是现在,他们不能利 用财政预算的钱来进行这些工作,甚至不得购买到中国检验的机票。因此,实际上就是全面禁止了美国政府从事任何有关恢复中国禽肉进口的工作,也就从本质上断 绝了中国禽肉进口美国的可能性。”一位中国商务部官员向本报记者表示:“这是一种新的贸易保护主义做法,以前我们从来没有在世界其他国家、或者其他产品上 看到过类似做法。”

但是该名官员非常明确地表示,这种首创的做法“肯定违反了WTO的非歧视性原则,是可以诉诸WTO的”。

2月27日,美国众议院通过法案后,商务部新闻发言人姚坚发表谈话称,这是典型的歧视性的贸易保护主义做法,严重违反了WTO最惠国待遇原则和普遍 取消数量限制规则。中方对此表示遗憾和强烈反对,并敦促美国参议院和美国政府尽快取消这一条款,否则中方将保留诉诸WTO的权利。

3月4日,中国数位人大代表到美国驻华使馆,请他们转递给美国农业部、商务部、贸易代表办公室、参议两院所有议员的抗议信,美国使馆官员答应传真回美国。

此外,中国商务部约见了美国驻华官员,中国驻美使馆约见了美国相关部门官员,表达中国政府的抗议。

但是中方的努力并未获得美方肯定答复。目前所有方面都认为,如果不出意外,美国参议院和奥巴马都会不经修改、直接通过和签署这一法案。


5年拉锯战

当听到这一法案时,王秀林等一批参与过禽肉谈判的中方代表,都感到深深的被欺骗感。

2004年,中美同时发生禽流感,中国随之停止了对美国禽肉产品的进口。2004年4月中美商贸联委会上,双方同意同时解除禁令——中国开放美国冷冻禽肉及制品进口,美国开放中国熟制禽肉制品进口。在美国明确作出承诺的前提下,中国随后单方面开放了对美国禽肉的市场。

但是美国方面却进展甚微,在美国农业部对中国熟制禽肉制品进行了几次检验后,美国贸易代表办公室突然提出,要求将中国禽肉、猪肉、牛肉等肉类制品贸易列入一揽子谈判计划,否则不予放行,双方谈判重回僵局。

在中国商务部和农业部的强烈反对下,中美2006年终于在禽肉出口问题上获得进展:2006年5月,美国同意批准中国来料加工方式生产的熟制禽肉进口,并且向中方承诺,中国禽肉出口已无技术问题。

但中方没有想到的是,2007年底,美国突然在农业拨款法案中列入,不得将款项用于制定实施中国禽肉进口的规定(733条款)。当时,中国业界曾经 组团向美国表示抗议,美国政府12月23日向中方表示,布什总统不会签字。3天后,美国总统布什签署法案,733条款没有丝毫改动。

中国家禽业界继续努力:联名致信美国农业部部长、约见美国行业驻华使馆官员及行业代表、组团赴美与美国农业部副部长、美国贸易代表办公室进行工作会议。中国商务部也在中美商贸联委会上明确提出反对733条款。

中国商务部官员和企业皆回忆,在当时的会议上,美国农业部长明确表示733条款错误。并且承诺在2009年的拨款法案中,美国农业部将全力保证该条款不再出现。

但是中国方面等到的结果是,2009年2月25日,美国众议院通过拨款法案,继续保有该项条款,甚至比在2008年拨款法案中规定更加严格。

在双方互相作出开放禽肉市场承诺的5年后,中国从美国进口禽肉制品累计超过400万吨,占到中国禽肉进口总量的75%以上,占中国禽肉市场总量的7%。据商务部提供的数据,仅2008年一年,中国从全球进口了79万吨鸡肉及制品,其中从美国就进口了58万吨。

但是与此同时,中国没有出口1斤禽肉制品到美国。相关官员表示,如果海关有少量统计,皆属于企业误申报。


百名代表联名建议

2009年2月底,多次经历希望与失望的中国家禽业界,终于失去对美国政府、国会的信任。适逢中国“两会”召开,家禽业界拥有4位人大代表:山东凤 祥(集团)有限责任公司董事长刘学景、黑龙江正大实业有限公司董事长姜鸿斌、内蒙古赛飞亚集团董事长李秉和、广东江丰实业股份有限公司董事长谭钜添。在他 们的努力下,来自这四个省的总计超过100名人大代表,答应在向大会提交的建议上署上自己的名字。

该建议的要求是:“1,中国政府应对美国这种做法表达强烈抗议;2,立即暂停美国禽肉进口。”

建议中表示,美国禽肉的大量进口,严重损害了我国从业农民利益和行业稳定。家禽行业涉及8000万农民,每年为中国农户创造纯收入2000亿元。

中国畜牧协会和食土进出口商会皆明确表示,支持这一建议。

“现在进口禽肉确实是一个很大的问题,”一位畜牧业界企业负责人向本报记者表示:“目前中国大量从美国进口低价禽肉制品,特别是家禽下水,这些产品 由于在美国不用于食用,所以价格非常低廉,非常轻易地占据了中国市场,并且压低了价格。因此对于中国养殖户来说,养殖家禽变得无利可图,养殖——饲料—— 粮食整个行业链条都受到影响。”

王秀林表示,即使出于食品安全的理由,美国的做法也没有依据。按照国际规则,非疫区的禽肉是安全的,而且每年从美国进口到中国的禽肉制品,不合格的超过100批。

尽管按照人大规则,相关建议将在“两会”结束后转交有关部委。但是人大代表的呼吁已经引起中国商务部重视,3月4日,相关代表和商务部官员进行了会晤。商务部表示,将认真研究这一问题。

但是贸易报复并非商务部首选,相关官员表示,商务部仍然希望能够通过双边协商和在多边体制下解决这一问题。

Friday, 6 March 2009

Off to Barcelona

At the kind invitation of Professors Ramon Torrent and Pierre Sauvé, I will be in Barcelona early next week to teach in the University of Barcelona's new Master of Laws in International Economic Law and Policy (LL.M. IELPO) program. With the stellar faculty from around the world, this program is one of the best of its kind in the world and I strongly recommend it to anyone who is interested in WTO matters.

In the summer, I will be teaching another program in Macau. This course is run by the IEEM in Macau and again taught by some of the best scholars on WTO issues. Another advantage is the nice location in the gaming capital of the world.

I should also mention both programs have scholarships available to talented students from developing countries. Please approach the respective programs via the links on their websites.


Sunday, 1 March 2009

The US-China chicken game

商务部新闻发言人就美国众议院通过的2009年综合拨款法案涉及我输美禽肉产品歧视性条款发表谈话

2009-02-27 18:21  文章来源:商务部新闻办公室
文章类型:原创  内容分类:新闻

  2月25日,美国众议院通过了2009年综合拨款法 案。该法案727条款规定:“根据本法所提供的任何拨款,不得用于制订或执行任何允许美国进口中国禽肉产品的规则”。该条款通过限制政府经费用途的方式, 不允许美国相关政府部门开展自中国进口禽肉产品的解禁工作,将限制中国禽肉产品对美出口。

  2月27日,商务部新闻发言人姚坚就此发表谈话,指出这是典型的歧视性的贸易保护主义做法,严重违反了WTO最惠国待遇原则和普遍取消数量限 制规则。过去五年中,中美双方就中国禽肉产品输美问题在中美商贸联委会等机制项下进行了多次协商,并达成了一定共识。美国众议院通过的上述歧视性、不公平 的条款,严重干扰了中美禽肉贸易的正常开展,损害了中国禽肉业界的正当权益,中方对此表示遗憾和强烈反对,并敦促美国参议院和美国政府尽快取消这一条款, 否则中方将保留诉诸WTO的权利。

Trade Agreement between China and Taiwan

My comments on Taiwan's proposed economic agreement with China:
1. The new name unveiled by Ma today seems to mirror the agreement between ASEAN and China, which is called "Framework Agreement on Comprehensive Economic Co-Operation Between ASEAN and PRC".
2. However, as the pact will not deal with political designations, one wonders what will be the respective names for China and Taiwan in the agreements. Will Taiwan be referred to by its official name in the WTO, i.e., "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu", or "The Republic of China"?
3. Ma said that Taiwan would seek to sign FTAs with other countries in addition to signing an ECFA with China. I think it is more accurate to say that Taiwan can only negotiate FTAs with other countries after it agrees to negotiate something with China first. This seems to be the "gentleman's agreement" adopted by China and Taiwan in the WTO setting, under which both sides agree to support the proposal of the other. See my earlier post on the appointments of Chinese and Taiwanese candidates to WTO committees.
4. Minister of Economic Affairs (MOEA) Yiin Chii-ming said the ECFA would not be an FTA. What is it then? The WTO only allows FTAs and CUs for goods and EIAs for services. Apparently this is not a CU or EIA. If it is not an FTA, how could it be allowed under the WTO framework?
5. Unlike HK and Macau, Taiwan is not a free port. But I doubt Taiwan would make substantial tariff reductions to China due to domestic political concerns. In that case it would run afoul of the requirements under GATT Art XXIV, unless, of course, they decides to invoke the enabling clause.  

For further info on the ECFA, see the report below in the Taipei Times
http://www.taipeitimes.com/News/front/archives/2009/02/28/2003437231

Ma seeks to settle disputes over economic agreement
WHAT’S IN A NAME?: The president said that changing the name of the economic agreement to include the word ‘framework’ would establish a clear range of issues
By Mo Yan-chih, Flora Wang and Shih Hsiu-chuan
STAFF REPORTERS
Saturday, Feb 28, 2009, Page 1

President Ma Ying-jeou (馬英九) yesterday sought to settle disputes over the government’s plan to sign a cross-strait comprehensive economic cooperation agreement (CECA) with China by changing the name to “cross-strait economic cooperation framework agreement [ECFA].”

Renaming the agreement an ECFA, Ma said in an interview with Era TV that the term “framework” would help set a clear range of issues.

This would make it possible for the two sides to sign certain parts of the agreement first and seek consensus on other parts later, he said.

“We are not only signing economic agreements with China. It’s part of our global strategy. It’s very important. If we do not start doing it today, we will regret it tomorrow,” Ma said.

Signing an economic pact with China was part of Ma’s election campaign that aimed to strengthen cross-strait economic and trade cooperation. However, the government’s plan to sign an agreement has sparked concern over its possible impact on national interests.

Ma said last week that his ­administration would push for the implementation of an agreement, but would seek public opinion on the title, content and form of the agreement.

He said that signing an ECFA should help push normalization of cross-strait economic and trade relations and prevent the nation from being marginalized as East Asia integrates economically.

The two sides can reach a consensus on tariff cuts for major industries including petroleum and textiles first, and discuss other areas of cooperation such as investment protection and intellectual property rights in the future, he said.

The government will seek to sign free trade agreements (FTA) or similar economic agreements with other major trading partners in addition to signing an ECFA with China, he added.

“The agreement will be signed based on the principle of reciprocity, equality and dignity between the two sides,” Ma said.

In response to Legislative Speaker Wang Jin-pyng’s (王金平) opposition to signing an economic pact without prior legislative oversight, Ma said that the agreement should be sent to the legislature for review after a draft was signed.

“What would the Legislative Yuan review if the two sides haven’t first negotiated an agreement?” Ma said.

The president said that the government would present a report to the legislature on the direction and some details of the plan before negotiating with China, while holding public forums over the next few months to seek public opinion on the issue.

Ma brushed off opposition criticism that the pact would belittle Taiwan’s sovereignty and said that no country’s sovereignty had been belittled by signing an FTA or similar agreement.

Taiwan’s sovereignty was not belittled when signing cross-strait direct flight agreements with China, and an ECFA was not a political agreement as no sovereignty issues would be addressed, he said.

Meanwhile in the legislature, Premier Liu Chao-shiuan (劉兆玄) said the Legislative Yuan would enjoy the absolute authority to approve or reject an ECFA with China if the government signed such a pact.

“It is very clear that [the agreement] would not take effect if the legislature disapproves it,” Liu said when fielding questions from Democratic Progressive Party (DPP) Legislator Gao Jyh-peng (高志鵬).

“We will fully communicate not only with lawmakers but also withthe public. We will also report [the contents of the agreement] to the Legislative Yuan before [we] negotiate [the agreement with China],” Liu added.

Mainland Affairs Council Chairwoman Lai Shin-yuan (賴幸媛) also vowed during the question-and-answer session to safeguard the nation’s sovereignty when negotiating.

“There is a special relationship between both sides of the Taiwan Strait. [Any cross-strait agreements] involving a legal amendment must be submitted to the Legislative Yuan [for review] in accordance with the Act Governing Relations Between People of the Taiwan Area and the Mainland Area [兩岸人民關係條例],” she said.

Meanwhile, Minister of Economic Affairs (MOEA) Yiin Chii-ming (尹啟銘) and Mainland Affairs Council Vice Chairman Fu Dong-cheng (傅棟成) last night attended a press conference at the Government Information Office to state the government’s position on the pact.

Yiin said that the pact was provisionally called an ECFA. When asked whether it sounded like an auspicious name as pronounced in Hoklo (also known as Taiwanese) — the acronym ECFA sounds like “the country will get richer” (A擱發) — Yiin said he agreed.

Pronunciation of the acronym CECA sounds like “washing feet” in Hoklo.

He said the official name of the pact in Chinese and English would not be finalized until after negotiations with China.

Yinn said that the government would not deal with political designations in the pact.

The pact will not be signed on the Closer Economic Partnership Agreement (CEPA) model used by China and Hong Kong, under which Hong Kong was regarded as a special administrative region of China, Yiin said, adding that it would not be an FTA either.

In related news, Chinese Nationalist Party (KMT) caucus secretary-general Yang Chiung-ying (楊瓊瓔) urged the DPP caucus to drop its plan to boycott the government’s special budget requests to boost infrastructure investment.

The DPP caucus said on Thursday it would refuse to review the budget proposal if the government failed to refer the content of the agreement to the legislature before signing it.

DPP Chairperson Tsai Ing-wen (蔡英文) said it would be arrogant and disrespectful to the public for the government to refer any agreement to the legislature for review after signing it.

“Any agreement with China should be made public prior to signing,” she said yesterday.

Tsai said Taiwan’s sovereignty would be concerned no matter what the agreement was called.

Any important policy like this should be decided upon by the public and the process of it should be transparent as well, she added.

“The government is now saying that the agreement will be signed before it is submitted to the legislature for review. Well, this is not democracy,” she said. “What the government is planning to do will damage Taiwan’s democracy for sure.”

Taiwan Solidarity Union Chairman Huang Kun-huei (黃昆輝) said the government should listen to its people before officials make any further moves. Huang expressed concern that signing an ECFA with China would impact on Taiwan’s manufacturing industry.

ADDITIONAL REPORTING BY JIMMY CHUANG

Wednesday, 25 February 2009

Minister Chen on Protectionism in the WSJ

Need a Real Sponsor here

Protectionism Doesn't Pay

China calls on the world's governments to learn from history.

The global financial crisis is no doubt a catalyst for trade protectionism. As the world economy deteriorates, some countries try to boost growth prospects by erecting trade barriers. China calls on these governments not to replay history and revert to protectionism and economic isolationism.

Previous global economic crises were accompanied by frequent trade disputes. The U.S. passage of large-scale tariffs in 1930, for example, triggered a retaliatory global trade war. During the two oil shocks in the 1970s and 1980s, trade frictions emerged when major economies attempted to increase exports by depreciating their currencies. And in the wake of the 1997 Asian financial crisis, there was a notable uptick in antidumping actions, countervailing duties and other protectionist measures.

The financial crisis is now spilling over into the real economy, hitting sectors like manufacturing and services. In almost all countries, factories are closing and unemployment is rising, creating political pressure and social problems. More and more governments are strengthening intervention in their economies under the excuse of "economic security," and protecting vulnerable domestic industries by curbing imports from other countries.

Trade protectionism differs from legally acceptable measures to protect trade. It is an abuse of remedies provided by multilateral trade rules. This kind of protectionism is morphing into more complex and disguised forms, ranging from conventional tariff and nontariff barriers to technical barriers to trade, industry standards and industry protectionism.

With the economic crisis worsening, caution must be taken even in employing trade protection measures consistent with World Trade Organization rules. At the G-20 Financial Summit in November 2008, world leaders called for countries to resist trade protectionism and committed themselves to refraining from new barriers to trade and investment, a message strongly echoed by the Asia-Pacific Economic Cooperation summit at the end of last year and the World Economic Forum held in Davos last month.

History tells us that trade protection measures hurt not only other countries, but eventually the country that erected them in the first place. To counter the Great Depression, the U.S. adopted the Smoot-Hawley Act in 1930, which raised import duties of over 20,000 foreign products significantly and provoked protectionist retaliation from other countries. Faced with that crisis, other countries pursued beggar-thy-neighbor policies that slashed global trade volume from $36 billion in 1929 to $12 billion in 1932. Among the victims, not the least was the U.S. itself, where exports shrank from $5.2 billion in 1929 to $1.2 billion in 1932. Even in the U.S., the Smoot-Hawley Act was widely believed to be a catalyst that aggravated the effects of the Great Depression.

Global trade is now in dire straits. Thanks to shrinking external demand caused by the economic crisis, major trading countries have seen their export growth tumble or have suffered huge contractions. Germany's exports dropped 10.6% in November 2008, compared to the same period the prior year -- the highest one-month drop since 1990. China also experienced negative export growth in November, and a 17.5% decline last month, when compared to the prior year. Protectionist policies would make things even worse, and the consequences would be hard to predict.

In the heat of the crisis, it's critical that all countries refrain from pointing fingers at each other or pursuing their own interests at the expense of others. The financial crisis reflects a chronic illness resulting from global economic structural imbalance and financial risk accumulation, and there is no quick fix to this malady. The fundamental interest of every country is to step up consultation and cooperation and keep international trade smoothly flowing. Healthy international trade can help revive the world economy. During the Great Depression, the U.S. recovered from its economic woes because the Roosevelt administration implemented the New Deal and shunned protectionism.

Today's unprecedented financial crisis has inflicted a severe impact on China and other countries. China's economic growth has slowed, exports have plunged, and unemployment pressure has mounted. Yet even so, China still firmly believes that trade protectionism isn't a solution to the world's problems. In 2008, amid a contraction in global trade, China imported $1.133 trillion worth of goods from countries around the world -- an 18.5% increase over the prior year. These imports are boosting the economic development of China's trading partners. Since the crisis broke out, the Chinese government has put forward a series of measures aiming at stimulating domestic demand. Given the size and openness of our country, the growth in China's domestic markets can be translated into greater market potential and investment opportunities for other countries. This year China will continue to increase imports and send buying missions abroad for large-scale purchase of equipment, products and technology.

China has always championed our mutually beneficial opening-up policy and advocated international economic cooperation. We maintain that the Doha Round of global trade negotiations should be taken forward in a way that meets the interests of members and complies with the multilateral trading system already established. China is ready to stand together with all nations in the world to face up to the challenges of today, tackle the financial crisis through cooperation, and guide the world economy into a new period of prosperity.

Mr. Chen is minister of commerce for the People's Republic of China.

Saturday, 21 February 2009

Sino-Philippines dispute (not trade-related)

I know that China has not recognized the jurisdiction of the ICJ and the Philippines, while recognizing the jurisdiction of the Court in general, has excluded the jurisdiction on territorial disputes. However, it is probably still worth exploring the possibility of having the ICJ sort out the dispute, just like Singapore and Malaysia in the recent Pedra Branca case.

Solemn declaration of the Ministry of Foreign Affairs of the Republic of China concerning the Philippine Senate Bill 2699 and House Bill 3216

No. 001 February 6, 2009

The Philippine Senate and House of Representatives passed Senate Bill 2699 on January 28 and House Bill 3216 on February 2 respectively, incorporating Huangyan Dao(or the Scarborough Shoal for the Philippines), in Macclesfield Bank, and part of the Spratly Islands into Philippine territory. The Ministry of Foreign Affairs of the Republic of China solemnly declares as follows:
1.In terms of either history, geography, reality or international law, the Spratly Islands, Paracel Islands, Macclesfield Islands, Pratas Islands, as well as the surrounding waters, are the existent territories of the Republic of China. The fact that sovereignty of these areas belongs to our government is undeniable, Taiwan enjoys and deserves all rights accordingly. Any sovereignty claims over, or occupation of, these islands and their surrounding waters will not be recognized by the government of the Republic of China.
2.The Government of the Republic of China calls on the Philippine government to abide by the principles and spirit of the UN Charter, UN Convention on the Law of the Sea, and the Declaration on the Conduct of Parties in the South China Sea in order to peacefully solve through dialogue any dispute involving the issue of the South China Sea.(E)


Statement of the Ministry of Foreign Affairs of the People's Republic of China


2009/02/18

On 17 February 2009, the Philippine Congress passed an Act to Define the Archipelagic Baselines of the Philippines (an Act to Amend Certain Provisions of Republic Act No. 3046, As Amended By Republic Act No. 5446, to Define the Archipelagic Baselines of the Philippines, and For Other Purposes). The Act includes Huangyan Island and some islands and reefs of Nansha Islands as Philippine territory. The Government of the People's Republic of China hereby reiterates that Huangyan Island and Nansha Islands have always been a part of China's territory. The People's Republic of China has indisputable sovereignty over these islands and their adjacent waters. Claims to territory sovereignty over Huangyan Island and Nansha Islands by any other country are all illegal and invalid.


China Lodges Stern Protest over Baselines Bill of the Philippines

2009/02/19


On the afternoon of February 18, 2009, Chinese Vice Foreign Minister Wang Guangya summoned the Charge d'affaires of the Philippine embassy to China, Maria Barber, to lodge a stern protest over the approval of the 2009 Baselines Bill by the Philippine congress.

"The congress of the Philippines passed the Baselines Bill yesterday, which usurped China's Huangyan Island and some islands of Nansha Islands as Philippine territory," said Wang. "The Chinese government expresses its strong dissatisfaction and stern protest over the adoption of the bill that violated China's sovereignty by the Philippine government, in defiance of the grave concern raised by and repeated protests from the Chinese government," said Wang.

"Huangyan Island and Nansha Islands have always been inalienable parts of the Chinese territory," said Wang, adding that China possesses indisputable sovereignty over the Huangyan Island, the Nansha Islands and adjacent waters. "Territorial sovereignty claims over the Huangyan Island and islands of Nansha Islands by any other country were illegal and invalid," he said.

It is the wish of the Chinese side that the Philippines will take into consideration the bilateral relations, the interests of both peoples and the peace and stability of the South China Sea region, take solid and sufficient measures to stop all the activities that violate China's sovereignty rights, take concrete actions to safeguard the stability of the South China Sea region and ensure the healthy development of bilateral relations, Wang said.

Wednesday, 18 February 2009

MOFCOM on neo-protectionism

It seems that MOFCOM will bring more cases in the WTO. This again proved that bad times can be good times for lawyers.

商务部召开新闻发布会(2月16日)
2009-02-16 20:59  文章来源:商务部新闻办公室
文章类型:原创  内容分类:新闻


 2009年2月16日,商务部召开新闻发布会,新闻发言人姚坚发布新闻并回答记者提问。实录如下:

  姚坚:首先发布商务工作四个方面的情况。

  四、关于中国应对贸易摩擦和反对贸易保护主义情况。

  当前,受国际金融危机深化影响,一些国家出台了形形色色的贸易保护措施。这些贸易保护措施主要分为两类:一是滥用世贸规则允许的贸易救济措施,主要是反倾销、反补贴,保障措施和特殊保障措施,简称"两反两保";二是使用传统的关税和非关税壁垒,如有的国家提高进口关税,采取禁止或者限制进口的措施、实施技术性贸易壁垒等,还有的国家在刺激本国经济方案中提出了优先购买本国产品的条款,我们对此深感忧虑。我们反对任何形式的贸易保护主义,主张通过合作和磋商解决国际贸易中存在的问题。我们认为贸易保护措施将使金融危机下本已严峻的经济形势更加困难,各国不应以邻为壑,而应加强合作和磋商,这才符合各国的根本利益。

  商务部高度重视应对贸易摩擦,主张通过磋商来解决问题,切实维护中国企业的利益。我们密切跟踪贸易保护措施的最新动向,采取有效措施积极应对。这些工作主要包括五个方面:一是要强化对广大企业的服务,支持中国企业运用法律手段积极应诉;二是鼓励商协会与国外业界进行沟通和交流;三是进一步完善贸易摩擦预警监控机制,让企业能在第一时间了解贸易摩擦动向;四是加强政府间的双边对话和沟通。目前商务部已经与美国、欧盟、南非、韩国、澳大利亚等 11个国家和地区建立双边贸易救济合作机制,积极开展对话与磋商;五是充分利用世贸组织争端解决机制维护国家利益等。

  通过各方共同努力,近期我国在有效应对贸易摩擦方面,取得了一些列较好的结果。包括最近成功应对欧盟对于中国出口的镀锌板反倾销调查。这是欧盟最大的一起对华反倾销调查,案件的妥善解决有利于我钢铁产品对欧稳定出口,直接关系到10万人的就业。2008年,我们通过磋商和交涉妥善处理了11起贸易争端,为国内的企业赢得了更好的出口市场和更平稳的发展环境。

  最近,在G7财长会议、G20金融峰会、达沃斯论坛等不同场合,各方一再呼吁反对和遏制贸易保护主义。特别是在当前国际金融危机加深的环境下,各国应该更加警惕,防止贸易保护主义措施的滥用。我们也注意到世贸组织从2009年开始加强了对各国"救市"措施的监督和审议,2月9号发表了《经济金融危机及贸易发展相关问题的报告》,审议了2008年9月以来各成员为应对金融危机所采取的新的贸易措施。中方支持WTO采取行动,抑制贸易保护主义泛滥,加强对各国"救市"措施的监督。我们认为WTO及时跟踪各国贸易政策的走向和具体措施,监督成员切实履行承诺,是抵制贸易保护主义抬头,敦促各成员继续奉行贸易开放战略的有效机制和手段。中方支持这一举措,将积极参与相关的贸易政策审议工作。

  中国坚持互利共赢的开放战略,倡导国际经济合作、推进贸易投资便利化。金融危机爆发以来,中国政府积极应对,果断出台一系列扩大内需、保持经济稳定增长的措施。作为一个开放的大国,中国将为其他国家提供更大的市场空间和更多的投资机会。

Why do you need to know something about international law and international orgnizations

The latest reason: to fend off the scam artists. In addition to the
numerous spelling and grammatical errors, the following scam has
another tell-tale sign: the UNDP was not created until in 1965. Indeed
anyone with some knowledge about the history of the UN should tell
this: as any other specialized agencies of the UN, the earliest date
the UNDP could have been established would be 1945, when the UN itself
came into existence. Now a trivia question: Is the WTO also an UN
specialized agency?

I won't be surprised that pretty soon I will receive another email
telling me that I have won something from the "Technical Assistance
Fund that was created in 1935 by the WTO, the IMF and World Bank". Now
Mr. Scam Artist, don't forget to send me my cut of the cash (no check
please) if you ever decide to adopt that idea.


---------- Forwarded message ----------
From: Lanyon, Richard <Richard.Lanyon@mwrd.org>
Date: Wed, Feb 18, 2009 at 11:45 AM
Subject: AWARD PRIZE
To:

UNITED NATION DEVELOPMENT PROGRAM
Corporate Headquarters,91 Station Road,
West Drayton United Kingdom.


The UNITED NATION DEVELOPMENT PROGRAM would like to notify you that
you have been chosen by the board of DEVELOPMENT BOARD as the full
recipient of a cash Grant/Donation for your own personal,
educational,Working and business development TO receive the sum of
1,000,000.00 ONE MILLION POUNDS

The UNITED NATION DEVELOPMENT PROGRAM, established 1877 by the
Multi-Million groups and now supported by the FBI,Economic Community
for West African State(ECOWAS)and the European Union (EU). Based on
the random selection exercise of internet websites and millions of
supermarket cash invoices worldwide, you were selected among the
recipients to receive the award sum of 1,000,000.00 GBP (One Million
British pounds starlings) as charity donations/aid from the UNITED
NATION ORGANIZATION ,ECOWAS and EU EUROPIAN UNION in accordance with
the enabling act of Parliament, All beneficiaries email addresses were
selected randomly from over 100,000 internet websites around the
World.

You are required to contact our company representative whom will be in
charge of your claim with the below information:

FULL NAMES :
ADDRESS :
COUNTRY :
SEX :
AGE :
OCCUPATION :
E-MAIL ADDRESS :
TELEPHONE NUMBER:
Send all the requested claim information to your allocated claim officer:

Mr. Dan Cole
Email: unverifications@live.com
Tell Number: +447035901229
Claims Processing Agent,
Verifications/Logistic Department.

NOTE: you will be given your secret code number,which you will use in
collecting your ONE MILLION POUNDS, endeavor to quote your
Qualification numbers (NG-022-607AB) in all discussions. All
information is strictly confidential and will only be used for the
purpose to which it is been requested

On behalf of the Board kindly,accept our warmest congratulations.

Warm Regards.
Lanyonr Miccaglla
(Online Announcer UNDP).

Tuesday, 10 February 2009

Special Textile Safeguard Expired

While the Special Textile Safeguard against China has expired as of
Dec 31st 2008, China may still be subject to the Transitional
Product-Specific Safeguard Mechanism, which will only expire in late
2013.

商务部外贸司负责人就2009年纺织品问题答记者问
2009-01-23 09:01 文章来源:商务部新闻办公室
文章类型:原创 内容分类:其它
  根据中美、中欧纺织品备忘录,自2009年1月1日起,我国不再对输
美、输欧纺织品实行纺织品出口许可证管理。近一段时间以来,广大纺织出口企业对取消许可证管理后的出口政策和宏观环境十分关心,为此,商务部外贸司负责人
专门就2009年纺织品出口有关问题接受了记者采访。

  问:您能否先简要介绍一下当前中国纺织业的整体情况?

  答:纺织业是中国重要的劳动密集型产业,直接从业人员2000多万,间接涉及上亿人口就业。纺织品问题一直是中国政府和业界的重要关注。

  当前,受人民币升值、生产要素成本上升、流动资金紧张等多种不利因素影响,中国纺织企业的生产经营出现较大困难。特别是进入2008年第三季
度,国际金融危机的蔓延已显现出对我实体经济的负面影响。中国纺织业遭遇内需减缓、外需下降的双重压力。一是固定资产投资减少,2008年前十个月,纺织
行业固定资产新开工项目同比下降7.7%。二是订单下降,如在第104届广交会上,纺织品成交额比上届下降了31.5%。三是企业效益明显下滑,行业内停
产倒闭企业增加,全国规模以上纺织企业就业出现了负增长的局面,中小企业减员情况严重。

  问:在当前情况下,您对今年我国纺织品出口形势有何判断?

  答:2008年以来,中国纺织品出口增速出现下滑。根据中国海关统计,2008年我纺织品服装累计出口1851.7亿美元,同比增长
8.2%,增幅较2007年下降10.7个百分点。从当前经济发展形势看,受劳动力成本上升、人民币升值、主要进口市场消费需求减弱等因素影响,预计
2009年中国纺织品整体出口增速将继续放缓。

  同时,经过2005年一体化后的过渡,有关产品出口潜能已得到充分释放,我们认为,中国与有关国家双边纺织品协议产品不会出现"激增",更不
会对其他出口方造成威胁。近几年国际纺织品贸易稳定发展,充分证明了这一点。我们有理由相信,中国纺织业与主要贸易伙伴的纺织业界在发展过程中可以优势互
补、相互依存,2008年后的双边纺织品贸易将会平稳、健康发展。

  问:刚才您提到了双边纺织品协议问题。您能谈谈协议到期后我国纺织品出口面临的宏观环境以及商务部有关纺织品出口管理政策吗?

  答:2005年全球纺织品一体化后,中国政府从大局出发,就纺织品问题分别与欧盟、美国等达成协议,为双方企业创造了稳定和可预见的
贸易环境,也为有关国家进行纺织产业调整创造了条件。2008年底,上述双边纺织品协议均如期终止。自2009年1月1日起,我国不再实行输美纺织品出口
数量及许可证管理和输欧纺织品出口许可证管理,亦不实行企业经营资质审核。

  当前,国际金融市场急剧动荡,世界经济增长明显放缓,国际经济环境中不稳定因素明显增多,我纺织品出口面临着一些新情况、新问题。个别国家业
界以担心中国纺织品在2008年后会出现"激增"为由,要求其政府与中方续签协议或对中国纺织品采取贸易救济措施。我们注意到,2008年20国集团金融
峰会发表宣言明确提出"在金融不稳定时期,更应力戒保护主义,力戒对投资或商品和服务贸易设置新壁垒"。2008年11月22日,APEC领导人也就全球
经济发表声明,反对各种形式的保护主义。我们认为,2008年后的纺织品贸易应遵循自由贸易原则,进口国不应再人为设置贸易障碍。

  问:在取消出口许可证管理后,您认为应该如何稳定纺织品贸易环境?

  答:正如我前面提到的,目前国际经济环境中不稳定因素增多,我纺织品出口面临着许多新情况、新问题。我们要认真贯彻落实中央经济工作
会议精神,努力保持出口的稳定增长,同时要警惕国际贸易保护主义抬头,未雨绸缪,加强行业协调自律,有序出口,避免因个别产品出口数量过快增长引发有关进
口国业界对我提起贸易救济诉讼,影响我贸易环境的稳定。

  在当前形势下,为贯彻落实科学发展观,保持纺织品等劳动密集型产品出口的稳定增长,商务部已搭建了纺织品出口预警平台,在官方网站定期公布敏
感纺织品出口数据,为企业出口做好预警监测。广大出口企业可以登录商务部网站,查询有关信息。对外,我们将进一步加强与有关国家的对话与沟通,确保平稳过
渡,为我纺织品出口创造良好的外部环境。希望各级商务主管部门要继续做好服务工作,引导企业转变增长方式,调整产品结构;有关行业商协会要充分发挥桥梁和
纽带作用,积极开展自律互律等行业协调工作,主动维持出口秩序,维护我纺织品出口的稳定、可持续发展;广大纺织品出口企业要积极转变观念,尽快适应新形
势,有序安排2009年的出口计划,避免盲目扩张产能,着力提高产品的质量和附加值,争创品牌出口产品,增强我纺织品的国际竞争力和抗风险能力。

  问:针对您刚才提到的纺织品领域的贸易摩擦,您认为,纺织业界能做哪些工作呢?

  答:中国政府鼓励中国纺织业界与相关国家产业进行合作,推动业界就促进双边纺织品贸易进行对话。在当前形势下,希望双方业界能进一步
拓展合作渠道,丰富合作内容,为双方产业实现长远合作共赢创造良好的条件。自2007年起,中国政府在中国最大的交易会--广交会上专门设立了进口展区,
并已经产生了积极的效果。我们欢迎有关国家纺织业界组团参加中国广交会进口展,寻找更多的贸易和合作机会。

  问:对于扩大中国与有关国家纺织业合作方面,您有什么看法?

  答:近年来,随着中国经济的不断发展,国民经济相关产业及国内纺织品服装消费市场的需求在拉动中国纺织业发展的同时,也为世界范围内
的棉花、家纺、服装产品以及先进的纺织机械提供巨大的市场和广阔发展空间。特别是在中国政府采取了一系列扩大进口措施以来,中国的纺织品市场日趋开放,并
蕴藏无限商机。

  首先,中国降低进口关税为各贸易伙伴扩大对华出口创造条件。2008年我国进口平均关税已降至9.8%,自2008年6月1日起,我国又进一
步调低了棉花的进口关税。显而易见,中国这个全球第一大纺织品生产国和拥有13亿人口的纺织品消费国为世界各国和各地区纺织企业扩大对华出口提供了更多机
遇。

  其次,中国国内纺织业发展带动棉花、羊毛、化纤原料、纺织纱线的进口。根据中国海关统计,2008年中国进口棉花34.9亿美元,进口羊毛17.0亿美元,进口纺织用合成纤维7.5亿美元,进口合成纤维纱线15.7亿美元。

  最后,中国内需增长为进口服装提供广阔市场。随着中国国民消费能力的提高和服装消费市场的扩大,中国民众对进口服装的需求不断增长。2007年和2008年1-11月,中国进口服装分别为19.7亿美元和20.9亿美元,同比分别增长14.7%和16.6%。

  问:最近,国外媒体对中国上调纺织品服装出口退税率十分关心,部分媒体甚至认为这是中国对纺织业进行的补贴。您是如何看待这一问题的?

  答:中华人民共和国财政部和国家税务总局于2008年7月31日联合发文,将部分纺织品和服装的出口退税率从11%上调至13%。10月21日,又将出口退税率进一步上调至14%,自11月1日起执行。

  出口退税是对出口货物在国内生产和流转环节征收的增值税和消费税予以抵扣或退还。出口退税符合WTO规则,也是国际惯例。2008年以来,为保持经济平稳较快增长,中国两次提高纺织品服装出口退税率,目前退税率为14%,征退税差为3个百分点。

“Buy China”, the Chinese Wal-Mart and Cut Throat Price Wars

Vice Minister Jiang Zengwei of China's MOFCOM made some interesting remarks at a press conference yesterday:

First, will China adopt a "Buy China" policy following the example of the "Buy America" provision in the US stimulus package? No.

Second, China should try to build some giant national retailers following the model of Wal-Mart.

Third, there should be no "inappropriate promotional tactics" that might push SMEs out of business.

In summary, the future might look like this: there will be some big home-grown retailers (a good name would be Wo-Mai, which means "I sell" in Chinese. If anyone decides to adopt this name in the future, please don't forget to pay me royalties), and they will buy products from all over the world. While they could engage in price wars that cut the throats of foreigners wide open in other countries, no such tactics could be employed in China (as this would obviously be against the national policy to "build a harmonious society").

Interested readers can get more details from the Chinese and English news stories below.

商务部副部长姜增伟就消费热点话题答记者问
2009-02-10 10:02  文章来源:《 人民日报 》( 2009年2月10日 08 版)
文章类型:原创  内容分类:新闻


  2月9日,国务院新闻办在京举办新闻发布会,邀请商务部副部长姜增伟等介绍我国搞活流通、扩大消费有关情况,并就热点话题回答了中外记者提问。

  姜增伟说,经济发展的动力在于最终消费需求。当前国际金融危机尚未见底,经济增长放缓使城乡居民收入增长受到影响,消费心理产生波动,一些消费热点也发生变化。但促进消费的有利因素很多,中央启动内需政策措施的良效正逐步显现,商务部对搞活流通、扩大消费仍充满信心。

  发放消费券是可行的选择

  关于发放消费券问题,姜增伟说,在特殊条件下采取特殊办法,是一个较可行的选择。成都、杭州发放了一些消费券,对拉动消费起到了推进作用。作为尝试或一种临时办法,增加低收入人群收入应作为扩大消费的主要举措,同时也要保证建立覆盖面宽的社保体系。在地方发放消费券的同时,今年初我国为 7400万低收入者发放了一次性补贴,每人100―150元。中国政府两大举措将对消费发挥积极作用,一是医改,一是教改,如果这两项重要措施出台,对中国的市场消费特别是农村消费将产生显效。

  对国内国外商品一视同仁

  对于美国的"购买美国货"一事,姜增伟表示,在经济全球化的前提下,一个国家满足自己的市场,仅仅限于本国的生产是做不到的。中国商品市场 80%以上还主要基于国内生产,但相当一部分商品是需要从国际市场补充或购买的。包括工业原料品、奢侈品、农产品,我们一年要从美国、加拿大、澳大利亚进口小麦、大豆,来弥补国内缺口。每个国家必须要大力发展国际贸易,实现商品大流通,才能发挥各自国家经济的特点,才能满足消费者需求。国家的商品竞争力表现在质量和价格。中国不会实行"购买中国货"政策,只要有需求,不管是国内的商品、国外的商品,我们都一视同仁。

  培育本土流通巨头不是抑制竞争

  商务部提出培育若干家大型流通企业集团,有人担心这会形成行业垄断、抑制市场竞争。对此,姜增伟回应,这是流通企业在市场经济条件下的再构。中国流通企业99%以上是中小企业,这些中小企业占全国中小企业70%。商贸流通企业现有职工8000万,规模小、经营集中度低、效率不高,竞争力无从谈起,不能较好满足社会化大生产或以需求为主导的消费增长方式需要。企业需要规模效应,需要在此基础上增强抗风险能力和竞争力。世界零售巨头沃尔玛2008 年销售额达到3787亿美元,折合人民币2.5万亿,占我国社会消费品零售总额的23.9%。中国目前最大的家电连锁企业是国美,2008年销售额是 1023亿元。我们跟全球大百货企业、大零售企业的差距不是一两年能赶上的,任重而道远。中国必须要有类似于沃尔玛这样的企业,一旦发生自然灾害和突发事件,可将企业自身的商品周转和储备结合起来,迅速做出市场反应。同时,大企业承担社会责任的意识更强。我国流通企业做强做大,主要靠企业通过市场竞争实现,必须坚持市场化取向,政府的支持,主要体现在解决企业发展中的一些政策障碍,比如消除地区封锁,推动流通企业跨区域兼并重组,为企业创造良好竞争环境等方面。

  家政服务将成扩消费新亮点

  姜增伟说,目前大部分家政服务企业规模小,内容单一,员工培训和技能达不到市场的要求和标准。由于管理问题,消费者和用工者之间的纠纷不断发生。现在的家政服务需求还难以满足,消费者不敢接受服务;企业不知道谁需要服务、需要什么样的服务。商务部将推动建立覆盖全社会的家政服务网络中心,提供相关服务信息,并对现有的家政服务企业制定标准和规范,使服务内容、方式、价格、质量都符合当前经济社会发展的水平。形成服务特色,满足不同群体多样化需求,使这类企业成为广大居民信得过、用得好的生活帮手。

  提供家政服务的群体大部分是农民工和"4050"下岗职工,他们的服务热情客观存在,但必须对其加大培训力度,要有统一标准,解决放心消费的问题。这个工作做好了,能有效扩大就业。比如月嫂,现在很多年轻姑娘结婚后都需要月嫂服务,有需求,有服务,又能解决就业,收入也很高,可见家政服务市场前景非常好。

  今明年"农家店"将提供77万多个岗位

  对于"万村千乡市场工程",姜增伟说,一个"农家店"目前安排就业是3.1至3.2人,今年商务部要在已建立26万家的基础上再建15万家" 农家店",在一定程度上有利于增加农民工就业岗位,这还不包括配送中心及其他服务网络,比如农资配套、邮政服务配套等。按计划,到2010年底将建成51 万家"农家店",就目前看,今、明年"农家店"将提供约77.5万个岗位。"万村千乡"受到了农民欢迎,方便了农民消费,尤其是确保了商品质量安全,成为我国农村商品流通体系不可替代的部分。

  重点查处各类促销违法行为

  春节以来,有些商家的促销在一定程度上出现增加消费成本、虚假促销的行为。姜增伟说,商家搞促销是常用手段,在各种促销活动包括打折销售中,我们一定首先要平衡厂家、消费者和商家三者的利益。任何一方伤害他人利益,只顾自身财富扩展和获利的行为,是不对的,且要受相关规定和条例处罚。另外,如果采取不适当的促销行为,挤垮中小企业,或给中小企业带来更多困难,也是不应该的。查处各类促销活动违法行为将是今年扩大消费工作一个重点。

  商品市场价格不会有大的波动

  关于今年国内商品市场价格走势,姜增伟认为,结合"两个市场"看,上半年不会出现大的波动,包括生产资料市场和消费品市场。从1月份生活必需品市场看,粮价基本保持稳定,食用油价格小幅下跌,肉价比去年12月份有所上涨,菜价因为受季节性和节日因素影响,比去年12月份上升了30%。生产资料价格总水平比去年12月份下降1.3%,跌幅比12月份缩小0.5个百分点。随着国际金融危机的影响不断扩展到实体经济,全球经济衰退迹象已非常明显,在这种情况下,原油、铁矿石等产品价格也大幅下降。在此前提下,国家出台的一系列扩大内需措施对于稳定市场价格起到积极作用,也为我们实现全年8%左右的经济增长提供了条件。

Strait Times
Beijing won't have 'Buy China' clause
By Sim Chi Yin, China Correspondent
Feb 10, 2009

BEIJING: - China will not impose a protectionist 'Buy China' clause in its economic stimulus package, a top Chinese official said yesterday, urging all countries to encourage international trade in the current crunch.

Without mentioning the 'Buy America' provision in the United States' stimulus package, Vice- Commerce Minister Jiang Zengwei said China would be even-handed towards foreign and domestic products - implying that Beijing's own four trillion yuan (S$873 billion) programme to pump-prime its economy will not discriminate against foreign businesses as some had feared.

Global demand for China's exports, which provide almost 40 per cent of its gross domestic product, has already collapsed in recent months and would take a further hit if international trade barriers go up.
Answering a question at a press conference, he said: 'We just need to boost consumption, whether it's through domestically made goods or foreign-made goods. Why should one be protectionist under the current circumstances?

'As long as there's demand, we'll treat domestic and foreign products the same way.'

In the US, some lawmakers want to include a 'Buy American' provision in the US$827 billion (S$1.24 trillion) stimulus package before Congress, to support homegrown companies and workers. The Senate last week voted to soften - but not junk - that clause, after President Barack Obama cautioned that the original wording could spark a trade war.

The US has reciprocal obligations under the North American Free Trade Agreement and the World Trade Organisation to provide trading partners such as Canada, Mexico, Japan and the European Union with access to its government procurement market.

But other countries, including China and India, are not party to those pacts and thus will not be spared.

China's Commerce Ministry yesterday said it was 'seriously concerned' at Indian barriers to its exports. India imposed a six-month ban on imports of Chinese toys last month.

Global demand for China's exports, which provide almost 40 per cent of its gross domestic product, has already collapsed in recent months and would take a further hit if international trade barriers go up.

As Mr Jiang made plain: 'Even in the age of globalisation, no one country can satisfy its own markets from its own production.'

China makes 80 per cent of the goods sold domestically, he noted, but it still needs to import products ranging from raw materials to agricultural goods and luxury items.

Beijing unveiled its massive stimulus plan in November last year to spur domestic demand and drive growth, homing in on investments in transport infrastructure, the power grid and post-earthquake reconstruction, as well as rural development.

Some foreign companies had been worried that Beijing might give local businesses preferential treatment. Mr Jiang's comments yesterday would go some way to assuaging those fears.

On its part, Beijing is keeping its eye on pumping up domestic consumption to help the Chinese economy recover from a sharper- than-expected dip as it feels the full weight of the global financial meltdown.

Despite concerns that mass unemployment among migrant workers and the current drought - the worst in decades - would dampen the spending power of the 750 million rural Chinese, things are looking up, said Mr Jiang.

He noted that retail sales went up 13.8 per cent during the 'golden week' Chinese New Year holiday, exceeding forecast.

He also put his stamp of approval on a scheme by municipal governments to hand out vouchers for residents to buy consumer goods - but did not commit to implementing it nationwide.

While Beijing reportedly stepped in to halt some local governments' measures to jump- start the slumped property market, Mr Jiang termed the voucher scheme 'practical', saying that 'special circumstances call for special measures'.

No data has been collated, but the governments of the eastern city of Hangzhou and south-western Chengdu saw retail sales go up after giving out coupons worth 100 yuan to 200 yuan for low-income families to use in local stores and supermarkets over the Chinese New Year break, the official Xinhua news agency reported.

simcy@sph.com.sg

Monday, 26 January 2009

Is China Manipulating its Currency, or is the US Manipulating its Culture?

Gietner's accusation that China is a currency manipulator and China's rebuttal that this is just another protectionist rhetoric from the US revived the debate as to whether China has violated international rules by undervaluing its currency. What are the real reasons to the swelling American national debt and who should bear the blame? We've heard of many theories and now Alireza Gharagozlou, a lawyer currently pursuing advanced studies at NYU, offers another interesting explanation - culture - in his new article linked below. Fellow blog readers are most welcome to comment on his paper by posting comments either on this blog or directly to him.

When Did Scrooge Become a Role Model? Why Criticism of America's National Debt is Misplaced

Alireza Gharagozlou

Abstract: As the world debates the economic crisis, it does so without considering two historically important ideas: the stigmatization of miserliness and the prohibition of usury. Although these ideas were once keystones of society, they are missing from the current discourse. This paper seeks to reintroduce those ideas. It starts by exploring the reason why cheapness was stigmatized, and why usury was illegal for hundreds of years. The paper then applies this historic lens to a frequently debated topic - the national debt and China-U.S. economic relations.


Wednesday, 21 January 2009

Who said Obama is not pro-trade?

From Barack Obama's inaugural address:

"To the people of poor nations, we pledge to work alongside you to
make your farms flourish and let clean waters flow; to nourish starved
bodies and feed hungry minds. And to those nations like ours that
enjoy relative plenty, we say we can no longer afford indifference to
suffering outside our borders; nor can we consume the world's
resources without regard to effect. For the world has changed, and we
must change with it."

Does this mean that the US is willing to get rid of its high
agricultural subsidies, which has been a main obstacle to the DDA?

China fastened its trade remedy machine

The MOFCOM recently launched an anti-dumping investigation against
steel and iron fasteners from the EU. This is the first
counter-investigation taken against a foreign investigation. It would
be interesting to see how the case plays out.

保卫紧固件产业还应善用WTO规则
2009-01-20 15:56:04.0 中国工业报


"欧盟已经获得我国立案的信息,欧洲工业紧固件协会也将开会讨论该案的应对情况。"1月12日,曾多次组织企业到欧盟进行抗辩游说的浙江省嘉兴市紧固件进出口企业协会副秘书长张峰对中国工业报记者透露。此时距离中国商务部对原产于欧盟的进口碳钢紧固件发起反倾销立案调查已近半月。而利害关系方向商务部进出口公平贸易局和损害调查局申请或登记应诉的20天时限,也所剩不多。
  "截至日期过后,我们会将登记信息进行汇总整理然后公告。现在还不能透露任何情况。"商务部损害调查局相关人员15日对本报记者表示。
  "这是我国首次利用WTO规则对国外的贸易救济措施进行反制裁的一个案件。我们协会及会员企业坚决支持对欧紧固件产品发起反倾销调查。"张峰表示,我国加入WTO这么多年了,希望政府能积极灵活地运用其规则来保护自己的利益。
  这场博弈,是否将成为我国紧固件行业的"斯大林格勒保卫战"?
  反倾销我企业打响保卫战
  据不完全统计,目前我国紧固件生产和贸易企业达近10000家,从业人员约250万人,2007年各类紧固件总产量约为525万吨,销售收入约为440亿元人民币,出口数量为257万吨,出口金额为32.5亿美元。
  由于产量世界第一,且半数出口,我国的紧固件产业历来就是国外贸易救济措施的重灾区。但长期以来,中方出口到欧盟的大多是中低端紧固件产品,而欧盟企业则主打高端。近年来,我国的紧固件产业主动谋求转型,从出口导向转向积极扩大内需和产业结构升级,而企业也在致力于提高产品的科技含量。据紧固件专业协会会长冯金尧表示,已有部分企业跻身于国内高端市场。
  但欧盟此时却高高挥起了两个大棒。一方面,在我国进口量激增的情况下,一些企业大幅降低产品价格,倾销高端产品,导致我国的紧固件企业迟迟不能实现从低端到高端的产业升级,只能在低端进行残酷的竞争。另一方面,欧盟再次发起了贸易救济调查,且滥用反倾销规则,对我征收高额反倾销税。
  2007年11月9日,应欧盟工业紧固件协会的申请,欧盟反倾销委员会立案对我国出口至欧盟的碳钢紧固件产品发起了反倾销调查。据了解,此次调查期为2006年10月1日至2007年9月30日,全国涉案企业1400余家,涉案金额达7.6亿美元,涉案数量60多万吨,占同期全国出口的25%左右。2008年12月3日,欧委会裁定,今后五年内对中国产碳钢紧固件征收加收63%~87%的反倾销税。
  2008年11月30日,中国机械通用零部件工业协会紧固件专业协会和47家紧固件企业代表中国紧固件产业,向商务部正式递交了反倾销申请书。"对欧进口紧固件发起反倾销调查,有助于我国紧固件企业获得更多的高端市场份额,实现产业升级。"张峰表示。
  保产业应诉欧委会滥用规则
  "欧委会给欧方在华投资企业优惠待遇,而对中国企业严重歧视,致使在终裁披露中,意大利和西班牙2家起诉方在中国的投资企业获得零税率,而其他中资企业则获得了高达87%的反倾销税。"张峰对本报记者表示,如果2009年2月9日欧盟开始征税,中国企业将完全退出欧盟市场。
  他告诉本报记者,"近段时间以来,中国紧固件工业协会与我会正积极与德国紧固件制造协会、欧盟紧固件工业协会协商。他们不认可欧委会的结论,认为反倾销税率太高,也不能接意大利和西班牙在中国的合资企业获得零税率的结果,他们现在正在考虑撤诉。但其可能性微乎其微。"
  一旦开始征税,欧盟紧固件市场将面临由中国企业退出而造成的每年60多万吨的缺口,"而获得零税率的两家企业,将可以利用这个机会扩大采购和生产规模,彻底控制中国对欧出口渠道和市场,危害我民族紧固件产业。"在提交给商务部产业损害调查局和中国机械工业联合会的文件中,嘉兴市紧固件进出口企业协会表示,鉴于此次欧委会在对我国碳钢紧固件产品的立案调查中,有许多做法明显违反WTO规则,"建议国家有关部门采取相应措施,以维持我国紧固件行业健康、安全发展,保护我国对欧正常出口。"
  首先,由于在2009年2月9日终裁前,欧盟成员国常驻欧盟代表和欧盟成员国贸易部长会议还将就该案进行讨论,希望商务部及我国的驻外机构能够游说欧盟各成员国,使他们反对对我国紧固件产品征税。
  其次,将欧委会滥用反倾销规则的做法上诉到WTO,进行多边磋商,在WTO框架内规范欧委会的调查行为。协会表示,除了在调查过程中采用双重标准为欧方在华企业牟利外,欧盟紧固件行业并没有受到中国进口产品的损害,不符合欧委会发起反倾销调查的要求。
  "本案起诉书中所列举的调查期内欧盟紧固件产业的12个经济指标中,仅有市场份额和赢利水平2个指标同比出现小幅下降,产能利用率这1个指标持平,其余如销售价格、雇工、投资等9个指标全部同比大幅增长。欧委会仅基于2个负面指标而忽略另外9个正面指标就对我国紧固件发起反倾销调查是不符合WTO规则的。"
  此外,协会认为,还"应制裁两家欧盟起诉方在华投资企业"。"他们既是原告又是被告,原因就是希望通过反倾销来打击在中国的竞争对手,以达到控制和占有中国对欧盟紧固件出口渠道的目的。"

Friday, 9 January 2009

Lecture in Seattle: Japan-China Trade Disputes: 'Aggressive Legalism' with a Confucian Touch

At the kind invitation of Prof. Saadia Pekkanen at the University of Washington, I will be speaking in Seattle next week on two occasions. Interested blog readers in the area are most welcome to join both events. Details are available below.

JANUARY 15, 2009

Thursday, 3:00-4:00 pm

Thomson Hall, Room 317

Henry Gao, Associate Professor, School of Law, Singapore Management University

Japan-China Trade Disputes:
'Aggressive Legalism' with a Confucian Touch

The first Chinese lawyer to ever work at the WTO Secretariat, Professsor Gao has published widely on all issues relating to China and WTO. He has spoken at conferences across the world and trained hundreds of government officials on WTO issues. A consultant to many national governments and international organizations, including the WTO, the World Bank and APEC, he is also a frequent commentator in major international media such as the Wall Street Journal, CNN, and Bloomberg.

Co-sponsored by the Japan Studies Program, China Studies Program, and East Asia Center.