The Clinton administration and China appear set
to proceed with negotiations aimed at finally bringing Beijing into the World Trade
Organization, 13 years after it applied.
Assuming they succeed, the administration will trumpet this as a diplomatic victory.
This victory may prove quite fleeting, however, as problems are likely to quickly emerge.
Fortunately, there may be ways to ameliorate some of these difficulties.
The first problem is likely to be a Chinese decision to devalue their currency shortly
after gaining membership in the WTO. China has a long history of devaluing its currency to
encourage exports and discourage imports. Under pressure from the United States, it has
kept its currency steady through the Asian crisis, although it has boosted export
subsidies. With the crisis past and no obvious rewards for continued good behavior, China
is almost certain to devalue sharply its currency.
The administration has predicted large export gains as a result of China's WTO
accession. But if accession is coupled with a sharp devaluation, the result is instead
likely to be a drop in U.S. exports to China, a big increase in imports, and a
considerable widening of the U.S. trade deficit.
This is likely to pose a severe political problem for Vice President Al Gore next year
as well as a significant drag on U.S. growth. A Chinese devaluation would also
significantly weaken the prospects for economic recovery in the rest of Asia if China
siphons off needed export markets from its neighbors.
Unfortunately, there is no certain or easy solution to this problem. All that can be
done is to obtain a commitment from China not to devalue through diplomatic means.
Beyond the short-term shock of devaluation, there is a longer-term problem. China has a
poor record of keeping its promises on trade. At times, China has violated trade
agreements with the United States on protection of intellectual property, market access,
shipment of textiles, and export of goods made with forced labor. In fact, there is no
major trade agreement with China that has been faithfully implemented by the Chinese.
The fundamental problem is that China lacks a clearly defined rule of law. Even if some
reform-minded leaders in Beijing plan to keep the promises they make, there is no
guarantee that they can convince other central government ministries and provincial
governments to comply.
Unfortunately, the WTO is the ultimate rule of law-based institution. When disputes
emerge -- and they certainly will, the United States is unlikely to convince a WTO panel
to rule in its favor when no paper trail can be established.
Beyond that, China has demonstrated its considerable skill in playing international
politics to frustrate action by international organizations. Ultimately, the credibility
of the WTO could severely suffer, if China proves it can ignore the rules with impunity.
Here again, there is no easy solution. The best option is to retain what is known in
WTO parlance as a general safeguard, which would allow the United States to impose
sanctions if China did not live up to its commitments. But the Clinton administration has
been unwilling to press this issue with the Chinese.
Another option would be to devise an ongoing multilateral oversight committee through
the WTO to systematically hold China to its word. This may be helpful, but it is important
not to exaggerate the utility of such an international group, which is likely to be
hamstrung by an unwillingness of many to confront China and vulnerable to Chinese
politicking.
Perhaps the most attractive idea is for Congress to take an active role. For example,
Congress could require an annual report from the administration on China's compliance with
the WTO. To give this process teeth, the Congress could create a procedure that allowed it
to initiate Section 301 investigations of Chinese practices if it felt China was not
abiding by its commitments. This would not be a magic bullet; there would still be the
problem of gaining WTO support for U.S. action to sanction China.
It would, however, give Congress a lever to force both Beijing and the administration
to put enforcement at the top of the agenda.
China is a square peg to be fit into the round hole of the WTO. It is naive to think
any piece of paper will, by itself, make that possible. A successful U.S. trade policy
toward China requires an ongoing commitment to making WTO compliance a reality and
ensuring that expected benefits actually emerge. Hopefully, the administration will show
as much enthusiasm for this task as it does for making China a WTO member.
Copyright 1999, Journal of Commerce
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