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     Apr 17, 2007
Page 3 of 3
Clock running out on free trade
By Laura Carlsen

legislature to determine tariffs. Costa Rica still has not ratified. There, massive public opposition centers on protecting the structure of government services and regulation that gave that country a giant leg-up over its Central American neighbors and led to a more uniformly high standard of living.

False dichotomy of free trade vs no trade
Proponents argue that rejection of FTAs is tantamount to a return



to protectionism and isolationism. But US international trade would not come grinding to a halt if Congress stopped passing unfair free trade agreements. In many cases, tariffs are relatively low before the FTAs and disputes hinge more on non-tariff barriers that are not necessarily resolved in the context of the agreement. Indeed, many of the most controversial provisions of the FTAs, including the imposition of supra-national investment guarantees and intellectual property exclusivity, have little to do with trade.

Moreover, existing trade agreements, including the General System of Preferences (GSP), the Andean Pact Trade and Drug Enforcement Agreement (APTDEA), and the Caribbean Basin Initiative, carry less baggage than the FTAs and have already built strong trading relations between nations. Ninety-five percent of Panamanian products are exported duty-free to the United States, and South Korea and the United States reached over $70 billion a year in bilateral trade last year. In Peru, the government promoted the FTA as a way of ensuring that the privileges under APTDEA would be made permanent.

However, there is broad support for continuing Andean preferences in the United States, and in any case only 10% of Peru's exports are sold under APTDEA - less than a third of its exports to United States. Thirty percent of Peruvian exports to the United States are raw materials that do not face tariff barriers under the GSP or "most favored nation" clause.

The United States does not have bilateral trade agreements with most of its major trading partners.

Although the Democrats' proposal falls short of calling for a moratorium on free trade agreements, it recognizes that other types of trade agreements are more closely linked to US diplomacy and security goals. The proposal calls for "immediate extension of the Andean program; and update and upgrade other trade-expanding programs and initiatives with developing countries including for Haiti and the African Growth and Opportunity Act".

In developing countries, the argument that a US FTA is indispensable to insertion in the international market is equally false. First, economic integration will continue to occur - the question is how to define the terms.

Accepting World Trade Organization-plus measures in a FTA merely reduces the policy space of a given government to define the terms of economic integration. Second, FTAs are no guarantee of permanent market access. They permit US protectionist measures in strategic and powerful sectors, and outlaw the same type of measures in partner countries. Moreover, non-trade barriers are often a bigger problem than tariff barriers.

Interestingly, in the March poll cited above. the same respondents who were overwhelmingly against free trade agreements also rejected protectionism and isolationism. When given a choice between two paths - restricting foreign imports and the number of legal immigrants, or expanding opportunities in the global marketplace by reducing trade barriers and attracting skilled immigrants - the majority of the same anti-FTA sample responded favorably to the latter.

New principles for a responsible trade policy
It is not easy to craft fair trade policies that can take the nation into the 21st century on an equitable and competitive basis. However, consensus is growing around some basic principles.

One is to develop enforceable labor rights and environmental standards. The way to do this is not to create more supra-national and quasi-legal courts as part of individual trade agreements. Rather, nations should adhere to clear and binding multilateral standards that define basic rights and corporate responsibilities. FTAs do the opposite of this, by locking in privileges and specifically prohibiting responsibilities defined in performance requirements.

Mechanisms should be developed that place the onus for enforcement on the entity directly responsible - the employer. Agreements like the NAFTA side agreement to punish the host government for lack of enforcement while turning a blind eye to US companies that are in violation of national laws. No one would deny the responsibility of developing country governments to enforce their laws within their territory, but they often find themselves trapped in the contradictions of US trade policy.

For one thing, they have been pushed to adopt an economic model based on export production and forced to compete for foreign capital. A cheap and docile labor force is a prime area of competition, thus creating a disincentive to raise labor standards. For another, they have had to accept austerity programs that reduce government funds and consequently financing for enforcement activities. Finally, in many countries - Mexico being a prime example - transnational corporations and the US government have pushed to "flexibilize" labor regulations with measures such as open shops, lower severance pay and benefits, temporary work, and low wages, further contributing to the downward spiral in workers' rights globally.

Another is that trade rules should be oriented toward equitable and sustainable trade relations. This means avoiding double standards that erode US credibility in the trade sphere and working on predictable and transparent trade rules. It also means recognizing asymmetries and allowing for compensating mechanisms so that developing countries can develop. Trade policy can no longer be divorced from the long-term interest of a stable and prosperous international community.

Finally, non-renewal of fast-track authority is a first step to assuring a fuller role for Congress in trade negotiation, as demanded in the Democrats' proposal. It also calls a halt to moving blindly forward on a course that is proving disastrous and has still unknown and unstudied effects on our children's lives.

The US Congress, executive branch, and civil society must now work to map a careful and long-term trade policy as part of a cohesive economic and foreign policy. This is not a radical proposal. It's a prudent one. Economist Thomas Palley writes: "In macroeconomics, there is a famous theorem that states, 'if you don't know, go slow'. This insight has relevance to trade liberalization, where there is much uncertainty and dispute about impacts. Globalization poses the additional problem of lock-in; there is a danger of implanting policies that are hard to reverse."

It's time to let the clock run out on the failed free trade model. The hour has come for Congress and the US public to assume responsibility for recrafting a trade policy that works in the interests of the majority and of fair and peaceful international relations.

FPIF columnist Laura Carlsen is director of the IRC Americas Program. The Americas Program is online at http://americas.irc-online.org/.

(Posted with permission from Foreign Policy in Focus)

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