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    Greater China
     Sep 8, 2012


Page 2 of 2
Asia's free-trade bandwagons to nowhere
By Peter Lee

Easy victories outside Canada and, possibly, compliant legislatures in Brunei and Singapore, may be hard to come by and it may be harder to sustain the momentum when the make-or-break votes comes up.

Even in the United States, where the major beneficiaries of the TPP presumably reside, the TPP may get caught in the legislative bog.

Assuming that President Obama achieves re-election and the TPP comes up for a vote, the agreement will probably be opposed reflexively by his Republican political enemies anxious to deny him a victory for any reason, seconded by agitated anti-world

 

government Tea Partiers on the right and by liberals uncomfortable with the expansion of corporate rights and influence on the left.

Indeed, judging by the leak of only one of the 20 chapters of the draft TPP agreement - a wish list of the US Trade Representative concerning intellectual property rights - the TPP is a greasy corporate document largely composed at the behest, if not actually written by, pharmaceutical and media industry lobbyists. [5]

Judging from the IPR draft, a distracting rumpus over intellectual property and a replay of the politically calamitous SOPA ("Stop Online Piracy Act") debate is virtually guaranteed as the Western world's aggrieved and astute netizens fight efforts to impose censorship (in their view) or fight piracy (the perspective of corporations seeking to gain the maximum leverage from their intellectual property through aggressive enforcement of measures against copyright infringement) including demands that Internet Service Providers take responsibility for and police their content.

The United States is not the only country in which a divided government holds out the promise of a rancorous debate over TPP ratification.

Chile already gets most of what it wants in terms of access from its free trade agreements with the United States and the other TPP participants, and the opposition could make profitable political hay over the unpopular and perhaps unnecessary inconveniences that the TPP would impose upon Chilean law.

There is plenty of grist for the political mill.

A rebuttal to the only one element of the leaked section - on patent protection - uses 17 pages to highlight how Chilean law would have to be re-written in order to accommodate upgraded protections for foreign pharmaceutical patent holders under TPP. [6]

For Japan, TPP is a political conundrum.

TPP is a centerpiece of the United States pivot to Asia, and tighter integration of America's allies (and China's adversaries) is in principle a good idea both for Japan and the US.

Therefore, Japan has expressed an interest in joining "discussions about" - but not negotiations on - the TPP.

In practice, however, the key level playing field concession for Japan to make is a dismantling of agricultural, forestry, and fishery tariffs that, according to the Japanese government's own estimates, will cost 3.4 trillion yen (US$43.1 billion) per year in reduced domestic production. [7]

Joining the TPP is, therefore, not just a football for the Japanese opposition parties. It provokes significant unease within factions of the ruling DPJ concerned about political fallout from aggrieved farming interests.

The Wall Street Journal editorial page tried to push Japan off the fence (and Prime Minister Noda, apparently no favorite of the WSJ, out of his job) with a clarion call for some Japanese politician to seize the once-in-a-century TPP opportunity.
Not for nothing has the prospect of TPP been characterized as Japan's third great opening, after Commodore Perry's arrival and the American occupation after World War II … There's still time for enterprising leaders to sell TPP to voters as a tough but necessary step to shake off a two-decade malaise. Mr Noda couldn't make the sale. Someone needs to. [8]
Ironic kudos to the Wall Street Journal for pointing out that Japanese society can only advance through forcible intrusions by foreign forces. However, the deployment of the Journal's less than infallible political and economic judgment on behalf of the TPP in particular and tough choices in general is perhaps a harbinger of its eventual demise, even if Japan makes the politically unpalatable decision to participate in the negotiations.

The TPP is long on benefits for business but surprisingly short on exports and jobs - the twin suns around which national politics revolve these days.

The People's Republic of China has decided to counter-program against the TPP with the RCEP - the Regional Comprehensive Economic Partnership, a proposed free trade zone encompassing ASEAN, China, Japan, India, Australia, and South Korea.

Ostensibly, other than the absence of the Americas in RCEP and China in TPP, the two trade pacts share similar goals, according to an AFP report on an interview with ASEAN Secretary General Surin Pitsuwan:
The pact will aim to eliminate trade barriers, create a liberal investment environment and protect intellectual property rights, according to the negotiation guidelines.
In principle, however, RCEP has several advantages over TPP.

One is the participation of China, a major growth engine for the region.

The second is the presumption that RCEP will not fetishize corporate rights and access (or human rights, labor rights, or environmental quality, for that matter), and will achieve a modus vivendi with the cozy intermingling of government and business that has characterized the Asian economic miracle thus far.

The third advantage, one that does not gain much recognition in the West for obvious reasons, is that it displaces the United States - now a destabilizing economic force looking to increase exports into the region - with China, which is now better prepared to assume the traditional US role of demand-generating importer and aid-bestowing sugar daddy to the nations of East Asia.

Staunch US ally New Zealand stood boldly ready to hedge its bets:
"This is a bold move to deepen integration in the most dynamic region in the world," New Zealand Trade Minister Tim Groser said in a statement on his government's website.

"It shows that despite the economic difficulties in other parts of the world, Asia is actively pursuing trade liberalisation." [9]
Indeed, the whole ASEAN exercise was an exercise in political bet-hedging.

After the America-pleasing handwringing over the South China Sea at the foreign ministers' ASEAN meeting in Phnom Penh, the ASEAN economic ministers got together in Siem Reap to offer an olive branch to China with an endorsement of the RCEP.

Signing on to the RCEP - and eschewing a policy of trade hostility with China - maybe the price that the PRC insists upon in return for not making an issue out of participation in the exclusionary TPP by its trading partners.

Therefore, the net effect of the battling trade agreements, if they ever go into effect, may be zero.

The true test of the RPEC initiative will occur next year.

Surin Pitsuwan will be gone, his legacy-burnishing activities on behalf of RCEP forgotten, and his position as Secretary General taken by a representative from China's fervent antagonist, Vietnam, as part of ASEAN's mandated leadership rotation.

It is a reasonable assumption that, even as the TPP struggles in the political bog of Western legislatures, ASEAN relations with China - and discussions concerning the RCEP - will tiptoe uncertainly along the fine line between contention and cooperation.

Grand plans in Washington and Beijing for free trade zones may both fall victim to the politics of division.

Notes:
1. Asia Pacific talks not aimed at containing China: US official, Chicago Tribune, Aug 9, 2012. 2. USTR Kirk sees better chance for farm trade reform, Reuters, May 8, 2012. 3. What's behind Canada's entry to the Trans-Pacific partnership talks?, The Star, Jun 24, 2012. 4. Secret documents show Canada's aggressive campaign to be included in Trans-Pacific Partnership, National Post, Jun 20, 2012. 5. The complete Feb 10, 2011 text of the US proposal for the TPP IPR chapter, Knowledge Ecology International, Mar 10, 2011. 6. Dangers for Access to Medicines in the Trans-Pacific Partnership Agreement, Public Citizen, April, 2012. 7. Agriculture would take big TPP hit, Japan Times, Sep 1, 2012. 8. A TPP Stimulus for Japan, Wall Street Journal, Sep 6, 2012. 9. Asia edges towards giant free trade zone: ASEAN, France 24, Aug 31, 2012.

Peter Lee writes on East and South Asian affairs and their intersection with US foreign policy

(Copyright 2012 Asia Times Online (Holdings) Ltd. All rights reserved. Please contact us about sales, syndication and republishing.)

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