This week, @davidallengreen's question of whether an FTA was worthwhile got me thinking of how FTAs have changed over time.
A🧵with a lot of questions and very few answers.
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Back in the day (15/20/25 y ago) such questions were rarely asked.
The interpretation of “substantially all trade” was the name of the game and Singapore issues (gov procrm, TF, investment and competition) were still optional and not something that was included in all FTAs.
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The debate focused on Bhagwati’s stepping stones, @BaldwinRE's tit-for-tat or home magnification effect.
Questions on “fairness”, if at all asked, were mostly limited to tariffs. But there was also less of an expectation that FTAs would be fair/worthwhile for both sides.
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Over time FTAs started to cover other issues: standards, SMEs, gender, sustainable development etc.
Then ISDS blew up and for the first time, non-market access FTA provisions were in the spotlight to such an extent.
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I think ISDS plus some of the proposed FTAs (TTIP but also TPP in the Asia-Pacific region) were the turning point.
Ppl started paying attention to what they said; what they meant for workers and standards, what they meant for IP and patents.
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And as the scrutiny of FTAs increased, our expectations of what should be included and what these treaties should do, grew as well.
This weeks’ questions over climate change provisions in the UK-Australia deal are a good example.
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There is a tendency to try to include other issues in trade deals and this leads to a number of broader questions:
✅Is it possible and should/can it be done in a binding way rather than the non-committal, best endeavours language?
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✅ Are FTAs the best way to do this vs various multilateral groupings?
✅ Is there really enough appetite to expand the scope from market-access focused deals to something more in a meaningful way?
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✅ And what does that mean for the FTAs already in place and the possibility of a wider shift?
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Basically, to what extent can we expect FTAs to deliver results they were not designed to deliver?
Constant disappointment (issue of language, enforcement, dispute resolution etc) or is there a potential for a meaningful shift and would that make a difference?
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So there is an issue of the allegedly dropped climate targets under the UK-Australia deal which to me is still about trade-off and the dynamics of negotiating a trade deal (e.g. quick vs well). And there are these broader questions that I think are incredibly interesting.
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The ongoing question of how FTAs are evolving at a time where the traditional multilateral fora are preoccupied with their own identity crisis.
Personally, I see more resistance than interest.
/end
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On the other, as I told Sky News and @ChrisHorseman2 earlier today, constant delays and changing deadlines are creating a situation where it's getting harder and harder for businesses to keep track of what's changing and when.
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Meaning it's becoming really easy to miss something.
And we do have serious deadlines approaching. For example, Jan 2022 when customs controls will be introduced and full customs declarations will be due at the time of import.
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Important message - full customs declarations and checks still planned for 1 Jan 2022.
This means companies still need to get ready as postponed declarations will no longer be possible. And given the current level of compliance, there is a lot of work to be done in the next few months.
Speaking of customs compliance and border controls.
Received a reply this morning from one of these companies advertising their products on social media. Their website doesn't mention customs duties so wanted to check who covers them and where they ship from.
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They responded to say they ship from China and I shouldn't worry about customs duties or import VAT as less than 1% of their customers report that customs opened the package and charged taxes.
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That basically means that they declare their products as something else (0% duty and perhaps even lower VAT rate) and hope for the best. And clearly manage to get away with it.
And are also confident enough to talk about it openly...
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When costs increase there are various ways for companies (e.g. supermarkets) to respond to it without necessarily increasing prices - mostly temporary.
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The pressure on profit margins increases and even if it can be spread across the entire supply chain if that situation continues and if costs continue to rise, at some point something's got to give.
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Here the problem is that the extra costs are not going away (new formalities and requirements) AND there are new costs coming up (introduction of full formalities and checks on the UK side).