Some thoughts on a trade tweet that - as many have pointed out - is wrong. Now I try to no longer critcise tweets of others, but there’s a point here and I would ask you to refrain from any ad hominem attacks (thread)
First the obvious: the tweet makes two points. Both of them are factually wrong. Let’s take them one by one. /2
First on tariff free quota free access: No. The partners had an FTA, but it did not provide for zero tariffs zero quotas. The FTA is here if you are interested. /3 austlii.edu.au/au/other/dfat/…
Many experts have pointed this out. I’ve seen @MichaelAodhan for example. So no point in dwelling on this plus the point of this thread is a different one anyways. We’ll get there. /4
Second point: the EU severed that relationship. That is wrong. The UK severed that relationship. To join the EU (yes, yes, predecessor...), that’s true. But consciously and fully aware of what it was doing. /5
Many trade experts and lawyers have spent quite a bit of time correcting wrong statements on twitter. I cannot speak for all of them. I am a bit tired of this and would not write this thread for these errors alone. My point is a different one. /6
And while I share worries about news stations that have the purpose of having a political slant - (I am damaged by Fox News), that also is not my point here. /7
My question and issue is a different one: does it matter? What is the consequence that these narratives are built up and maintained. After all, this is all a rather exotic trade issue. What is the consequence of this? /8
A story is constructed that infantilises this country, the UK. It presents the UK as a victim of the decisions of others. The EU severed the relationship with Australia. Not a UK decision. Pre EU the relationship was one of milk and honey. /9
The complexity of history, the pros and cons of decisions, the fact that incredibly capable UK officials weight arguments. That politicians took decisions based on these arguments. That the pros were considered to outweigh the cons at the time - gone. /10
The risk of the fiction that is built up is that future decisions will no longer be based on complex assessments of pros and cons, but on the basis of deeply engrained - but wrong - narratives. /11
There are contradictions in the storyline that is told - what is presented as a patriotic tale actually is based on a view of the UK that is ridiculously negative: an infantile country unable to think for itself. That is, of course, entirely wrong. /12
The UK might not be a superpower, but it has been, is, and remains a significant power. With impressive competences. Strangely, those contradictions seem to be accepted. /13
What is - a further question (and I am sorry I have more of them than I have answers) - the effect of this narrative that is so popular drifting further and further away from people actually looking at these facts, studying these treaties? /14
Or are these just the rambling thoughts of someone overthinking this because these issues are his day job, whereas people with different jobs spend 5 minutes on this (just like I do on other issues) and so it simply does not matter?
Btw some reading on uk-oz trade apo.org.au/sites/default/…

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More from @hhesterm

18 May
Allow me to add a public international law take on this. Because it is international law that will count here. (Thread)
International law knows a number of ways to justify breaches of provisions. The first place to look for such justification is in the text of the treaty itself. Are there exceptions? /2
Of course here it’s even more complex - if the breach at issue is a possible breach of the UCC, well, then you’ll also have to look there. /3
Read 10 tweets
11 May
Bit patents and access to medicines at the WTO news: Bolivia's request for a compulsory license for export under existing TRIPS rules is going forward. A quick thread on where we stand /1
Great. That should be BIG news. Wow. OK. So, where were we? Right: Some background. Patents are territorial. A US patent is for the US, a UK patent is for the UK and so on. That's an important principle to know. /2
Countries can, under their laws, force a patent holder to grant a license. That is legal under WTO law - the TRIPS agreement. There are tons of requirements. Like paying money, imposing each compulsory license on its own merits etc. /3
Read 16 tweets
10 May
A quick defense of the continuity trade agreement program (though coming from someone who thinks the tariff aspect of free ports is negligible anyways) (short thread)
The decision that the government took (I have no inside knowledge on this, but it is glaringly obvious even from the outside) was: copy the deals. Make them as identical as humanly possible. /2
This was necessary to protect UK trade. As soon as you say "let's discuss duty drawback" you open the door to the other side saying "great, let's also dicuss XYZ". If both sides say "maximum continuity" you can get places fast. /3
Read 5 tweets
9 May
I was not aware of this Kurt Schumacher quote from his speech in the Reichstag in 1932: if we have to appreciate anything in national socialism, we have to appreciate that for the first time in German politics they achieved a full mobilization of human stupidity. /1
Kurt Schumacher was jailed in July 1933, put into a KZ - and after the war led the SPD.
And yes, I should add that this Europe day I both applaud his judgment and courage vis-a-vis the Nazis - and celebrate his political, democratic defeat by Adenauer on Germany‘s position in the world. As a democrat he would respect that.
Read 4 tweets
6 May
Some of the news can be really depressing. So allow me to do a short thread of aid for India. I'll start with the Netherlands, simply because this tweet in my timeline inspired me to do this.
The US is delivering a lot of medical aid to India
Read 4 tweets
5 May
A short thread for those who want to understand just why twitter (well, the trade part of it) is going crazy surrounding an "IP waiver" for covid vaccines (thread)
In an age long past intellectual property - let's limit ourselves to patents - were were not part of world trade law. The rules of international IP were negotiated in the World Intellectual Property Organization alone.
Now the IP treaties did not really harmonize IP law. They made it a bit simpler to get protection in several countries. And the world was - oversimplifying a LOT here - largely split: the Global North protected IP, the Global South did not to such an extent. Why?
Read 12 tweets

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