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South American Trade Policies Reconsidered: The “Convergence While Diversity” Mantra

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World Trade and Local Public Interest

Part of the book series: Studies in European Economic Law and Regulation ((SEELR,volume 19))

Abstract

South America is changing its trade policies in the quest of getting a more consistent and synergetic region and integrating more efficiently on global value chains. Thereby, trade issues are being addressed under the idea that is possible to converge throughout trade agreements or participation on common “institutional spaces” while keeping the regulatory margin of maneuver to implement different national policies. Also, that it is time for Mercosur to get flexible. This piece discusses those ideas by presenting the South American trade scenario, addressing the current situation of regional integration initiatives and negotiations underway; and, concluding with a reflection on such initiatives’ prospects, highlighting its implications in terms of trade governance institutions. The article finds that convergence between Mercosur and the Pacific Alliance may advance using their common ground and piling up initiatives with no great impact on trade and/or regulatory standards over its Member countries. In contrast, Mercosur flexibility, Mercosur negotiations with the European Union and the Pacific Alliance trade external policy, in particular the implementation of the Progressive TPP, might change Latin American trade landscape.

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Notes

  1. 1.

    For 2018, economic growth has been estimated at 1.2% in Latin America and the Caribbean, slightly down on the 1.3% achieved in 2017. Growth weakened both in South America (from 0.8% in 2017 to 0.6% in 2018) and in Central America, Cuba and Haiti (from 3.4% to 3.2%). Preliminary Overview of the Economies of Latin America and the Caribbean, Executive Summary, ECLAC, page 11, 2018, https://repositorio.cepal.org/bitstream/handle/11362/44327/122/S1801133_en.pdf.

    In particular, Argentina’s GDP has been positive from 2003 to 2011 (except 2009 due to the global financial crisis). After 2011, Argentina has been displaying interleaving positive and negative GDP: −1% in 2012, 2.4% in 2013, −2.5% in 2014, 2.7% in 2015, −1.8% in 2016, 2.9% 2007. Source: https://countryeconomy.com/gdp/argentin, visited on January 28 2019. Brazil, for its part, has had positive GDP rates while exceptionally negatives ones in 2015 and 2016. However, some years have exceptionally goods such as 2010 (7.5%) while others have been modest such as 2017 (1%). Source: https://countryeconomy.com/gdp/brazil visited on January 28, 2019.

  2. 2.

    http://www19.iadb.org/intal/alianzalb/reporte.php. Accessed 5 March 2019.

  3. 3.

    Except for a minor agreement with Israel.

  4. 4.

    See for instance Brazilian and Argentinean positions at the WTO.

  5. 5.

    See, among many others, Bouzas and Fanelli (2001), Peña and Rozemberg (2005), pp. 45–62. Czar de Zalduendo (2003), p. 109. Dreyzin de Klor and Fernández Arroyo (undated), and FESUR (2004).

  6. 6.

    By 2003, the FTAA, a former US President Bush initiative, was almost dead. Negotiations with the EU were set aside while China started a very active trade and investment policy in SA. In this context, the US pressed for FTA negotiations both to Central American and Andean countries.

  7. 7.

    The US Colombia Trade Promotion Agreement was signed in 2006 and it went into effect in 2012. It is worth mentioning that Colombia, as Ecuador, exports flowers and textiles to the US. Thus, as ATPDEA expired for Ecuador in 2013, Ecuador needed a FTA with the US to recover the preference and be on equal foot with Colombia. The Peruvian-US FTA was signed in 2006 and went into force in 2009.

  8. 8.

    The ACN has a common Foreign Policy as set up in the Trujillo Protocol (1996). In the trade realm, Decision 322 restricted FTA negotiations by requiring full consensus. However, according to the new norm, Decision 598, countries may proceed with negotiations while preserving the ACN legal base and taking due account of other Members sensibilities. This flexibility of the ACN norm is what allow to have individual FTAs.

  9. 9.

    Institutional Issues, Trade and Integration, Experts Committee (deals with the private sector proposals), Public Procurement, Cooperation, Culture, Education, Communication Strategy, Gender, Innovation, Mining, Business Persons’ mobility, Intellectual Property, SMEs, Services and Investments, International Fiscal Transparency, Tourism.

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Correspondence to Valentina Delich .

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Delich, V. (2020). South American Trade Policies Reconsidered: The “Convergence While Diversity” Mantra. In: Nagy, C. (eds) World Trade and Local Public Interest. Studies in European Economic Law and Regulation, vol 19. Springer, Cham. https://doi.org/10.1007/978-3-030-41920-2_7

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  • DOI: https://doi.org/10.1007/978-3-030-41920-2_7

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  • Print ISBN: 978-3-030-41919-6

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