Asian Free Trade Agreements And Wto Compatibility

It is an appropriate time to rethink the relationship between trade regionalism and multilateralism in the Asian context as we witness the proliferation of free trade agreements (FTAs) in Asia. In the 1980s and 1990s, many scholars and policymakers believed that Asian integration was market-based, rather than legal-based, and that Asian integration would never be codified through agreements. Yet today, there are a large number of FTAs signed and under negotiation in Asia. This book investigates the appropriate relationship between regionalism and multilateralism, with a special reference to recent FTAs in Asia. It is undeniable that past trade multilateralism–regionalism debates centered on the trade-in-goods aspect. However, the majority of recent FTAs in Asia cover issues beyond trade-in-goods and tariff liberalization, such as trade facilitation, services, and economic cooperation. While the General Agreement on Tariffs and Trade (GATT) Article XXIV governs regional integration initiatives in trade in goods, there is no (or at most a thin) World Trade Organization (WTO) Agreement that stipulates the relationship between regionalism and multilateralism in issue areas other than goods. Thus, this study carefully considers the meaning of “WTO-compatible FTAs” by distinguishing “WTO consistency” and “WTO friendliness”, going beyond GATT Article XXIV debates and proposes a general framework for examining the openness of regionalism in various issue areas by identifying tree-type questions to distinguish several types of exclusiveness. It then specifically asks the following questions: Can Asian FTAs that cover several issues be considered multilateralism friendly? How does the relationship between regionalism and multilateralism differ between trade-in-goods and non-goods issue areas? What are policies that might reduce the exclusiveness of regional initiatives? The study concludes by listing counterintuitive policy suggestions to make FTAs truly WTO compatible. The book also includes a comprehensive list of FTAs in Asia and several WTO Agreements relating to trade regionalism. Contents:Introduction: Conceptualizing the WTO Compatibility of FTAsAnalytical Framework for WTO Friendliness of FTAs: How to Check If They are Real “Friends” of WTO?Free Trade Agreements in Goods: Is Trade Bilateralism in Asia Consistent with WTO Rules and Norms?Regional Approaches to Trade Facilitation: Are Regional Trade Facilitation Measures Discriminatory Against Non-Members?Regional Services Agreements: What is the Value of GATS-Plus Regional Services Commitments?Economic Cooperation Under FTAs: Do FTAs Impose WTO-Plus Technical Assistance Obligations on Members?Conclusion: Counter-Intuitive Policy Implications for WTO-Compatible FTAs Readership: Researchers, professionals, undergraduate and graduate students interested in Free Trade Agreements, World Trade Organization, Regionalism, Trade in Services and Trade Facilitation. Keywords:Free Trade Agreement (FTA);World Trade Organization (WTO);Regionalism;Trade in Services;Trade FacilitationKey Features:Chapters first present the methodology relevant to analyze FTA's WTO compatibility in a particular area and then present case studies of Asian FTAs to examine their WTO compatibility, which is followed by the policy discussions on how to make FTAs more WTO-friendlyThe book is interdisciplinary covering economics, political science and international economic lawAuthored by ADB Economist specializing in FTA issues, the book provides readers with theoretically sound and empirically rich discussion on FTAs. The author knows both theory and practice of FTAs and WTO (served as negotiator at the Japanese Mission to the WTO; involved in the regional economic integration issues at the Office of Regional Economic Integration at ADB)Reviews: “Shintaro Hamanaka has written an interesting and important book on Asian Free Trade Agreements and WTO Compatibility. The first major contribution is to distinguish between the narrowly legal concept of WTO-consistency and the broader concept of WTO-friendliness. That distinction underpins the book's analysis, in which Hamanaka identifies examples of agreements that are WTO-consistent but not in the spirit of the WTO or likely to promote future multilateralism; as he points out, non-violation of rules is not the same as harmony. The book's second major contribution is in-depth analysis of 21st. Century trade agreements in Asia, covered in four substantive chapters on trade in goods, trade facilitation, services agreements, and economic cooperation. The author's detailed knowledge of more than a hundred agreements is used to support analysis in which the big picture is kept impressively in focus.” Prof. Richard Pomfret University of Adelaide

The rise of Asia and the dynamics of Asian economic development have impacted global trade relationships and regional cooperation tremendously. While the WTO integrating national economies into global trade regulations has further liberalized trade relationships between developed and developing nations and amongst the emerging economies in particular in Asia, proliferation of free trade agreements in Asia has raised growing concerns regarding the fragmentation of the world economic order. World-renowned experts have here answered a variety of trade related issues ranging from China’s free trade agreements in its neighbourhood, the Tripartite Relationship between China, Japan and Korea, the Trans-Pacific Economic Partnership, the South Asian Association for Regional Cooperation as well human rights and environmental implications of free trade agreements. Contributors are: Jean-Marc F. Blanchard, Jianfu Chen, Won-Mog Choi, Ming Du, Henry Gao, Liyu Han, Jiaxiang Hu, Robert Irish, Tomoko Ishikawa, Md. Rizwanul Islam, Kwangkug Kim, Qingjiang Kong, Yong-Shik Lee, Wei Liang, Kuei-Jung Ni, Delei Peng, Yasuhei Taniguchi, Kim Van der Borght, Matthias Vanhullebusch, and Richard N. Watanabe, Shengxing Yu

The Asia-Pacific region has witnessed a rapid rise in bilateral preferential trade agreements at the beginning of the twenty-first century. This trend could have potentially dramatic effects on the trading patterns of countries in the transpacific region and beyond. Some argue that these accords will spur multilateral negotiations, while others believe that they will irreparably damage the trading system. Bilateral Trade Agreements in the Asia-Pacific examines the underlying political and economic factors driving these accords, based on a novel theoretical framework. Experts then provide overviews of political and economic trends in the region as well as detailed analysis of the trade strategies of Japan, China, Singapore, South Korea, Malaysia, Taiwan, Thailand, the United States and Mexico. By systematically evaluating and assessing the driving forces underlying the turn to bilateral trade agreements in the Asia-Pacific, this book provides the first comprehensive analysis of this crucial phenomenon. Growing numbers of countries both in the region and elsewhere in the world are now considering further negotiation of bilateral trade accords. Understanding how these arrangements will fit or conflict with existing institutions in the Asia-Pacific and the WTO makes this book imperative reading for policy-makers and scholars.

Tran Van Hoa and Charles Harvie present this timely and original study of the likely effects of new regional developments in Asia.

This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President’s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world’s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and ‘second tier industrializing economies’ such as Thailand, Malaysia and Indonesia.

Free Trade Agreements (FTAs) are often considered as one of the building blocks for regional economic integration. This book details the concluded as well as ongoing FTA initiatives of Singapore, highlighting the benefits to the Singapore economy.

An unacknowledged key feature of East Asian FTA diplomacy is the region's active cross-regional preferential trading relations. In sharp contrast to the Americas and Europe, where cross-regional initiatives gained strength after the consolidation of regional trade integration, East Asian governments negotiate trade deals with partners outside of their region at an early stage in their FTA policies. The book asks three main questions: Are there regional factors in East Asia encouraging countries to explore cross-regionalism early on? What are the most important criteria behind the cross-regional partner selection? How do cross-regional FTSs (CRTAs) influence their intra-regional trade initiatives? Through detailed country case studies from China, Japan, South Korea, Singapore, Thailand and Malaysia, we show the ways in which these governments seek to leverage their CRTAs in the pursuit of intra-regional trade integration objectives, a process that yields a much more permeated regionalism.