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from
PART III
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Accessions Acquis: Thematic Perspectives and Implementation Challenges
By
Josefita Pardo de León, Intellectual Property, Government Procurement and Competition Division of the WTO Secretariat,
Mariam Soumaré, Accessions Division of the WTO
Although the private sector is not, in most cases, directly involved in negotiations for accession to the World Trade Organization (WTO), its needs and positions are addressed through consultative mechanisms organized at the national level by WTO members. These mechanisms represent a two-way information channel: the relevant authorities can obtain the foundations to formulate and defend national negotiating positions, while the private sector has an avenue to present sectoral interests as well as any relevant trade concerns. In acknowledging the influence of the private sector, the objective of this chapter is to examine the existing public-private consultation mechanisms in selected WTO members, as well as the evidence of private sector interests in recent reports of accession working parties. The analysis suggests that the influence of the business sector is embedded in accession protocols. Accession agreements include results obtained through trade policy consultation mechanisms, which vary in the degree of formality and sophistication. Ideally, the consultation and outreach mechanisms established by acceding governments to promote support for WTO accession should be strengthened throughout the WTO membership. Such mechanisms should continue to function once accessions have been completed to support the implementation of commitments, set further negotiating priorities and participate in trade policy reviews and dispute settlement. The support and contributions of the private sector were instrumental to successfully achieve recent multilateral results, notably the Trade Facilitation Agreement and the expansion of the Information Technology Agreement.
Acceding governments have recognized the central role that joining the WTO plays in cementing domestic reforms and improving the business and investment environment. For instance, officials from Kazakhstan stated that the ‘main goal of WTO accession is improving the country's investment climate’ (Turebekova, 2015). At the same time, exporters, importers and investors are continuously scouting for new business opportunities. Recently acceded members (i.e. members that have joined the WTO as per the procedures contained in Article XII of the Marrakesh Agreement Establishing the World Trade Organization, or WTO Agreement) represent tangible market access opportunities for goods and services, based on the commitments reflected in their respective schedules and their working party reports.
This chapter explains how accession negotiations have helped to further the agricultural reform process by upgrading and deepening the existing multilateral rules on trade in agriculture. It provides a broad overview of the existing multilateral disciplines in the area of agriculture, as contained in the Agreement on Agriculture (AoA). Using the experience of the thirty-six concluded accessions, the chapter suggests that a number of commitments, such as extensive market access commitments, ambitious domestic support commitments and comprehensive bindings with regard to export duties, helped establish high benchmarks vis-à-vis the undertakings of the original members of the World Trade Organization (WTO). In market access, the commitments of acceded members are primarily in the form of reductions in tariff bindings, with a very limited use of tariff rate quotas. In domestic support, the commitments of the acceded members have been negotiated based on the respective recourse to such support during a recent three-year period, dependent on the timing of the individual accessions. These commitments are generally more ambitious than the corresponding commitments of the original members under the AoA, which were derived based on the domestic support policy framework existing in 1986–8. Similarly, in the field of export subsidies, the acceded governments’ ambitious efforts to eliminate these highly distorting subsidies helped to create a strong momentum in the broader agriculture negotiations, leading to the eventual agreement on the global elimination of agricultural export subsidies at the Nairobi Ministerial Conference in 2015.
Acceding governments negotiate their accession terms by way of engaging in negotiations with WTO members within the framework of Article XII of the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). The outcome of the negotiations is included in an instrument referred to as the accession protocol that in turn is integrated into the WTO Agreement. In order to understand the negotiating process, it may be useful to keep in mind the final objective, i.e. to determine the scope and contours of the WTO Agreement that the acceding government will accept to abide by upon successful conclusion of the negotiations and the consequent assumption of WTO membership.
The WTO Agreement may be divided broadly into two parts: the global, rules-based undertakings that all members have to comply with, and the member-specific commitments in the schedule, which are binding on the member concerned.
The book you are about to close picked up on the evolving discussion on accessions and trade multilateralism. The first book on the subject, WTO Accessions and Trade Multilateralism: Case Studies and Lessons from the WTO at Twenty, looked back. It took stock of two decades of accessions to the WTO, their welfare and development outcomes, the resulting improvements to market access, and their contribution to domestic reforms and to the rules-based multilateral trading system. It shone a powerful light on the GATT/WTO accession procedure – a process hitherto viewed as lacking transparency and complicated by its esoteric vocabulary and apparent detachment from the day-to-day conduct of trade.
This book looks forward. It focuses on the future of the multilateral trading system and the role of accessions in shaping it. It highlights the challenges of maintaining the system in a global economic and trade policy environment marked by radical transformation and uncertainty accentuated by fast-paced technological changes.
Clearly, the multilateral trading system needs to transform and adapt to this continually evolving environment. While it must remain a ballast for stability and global order, for policy relevance it must also adjust to the complex realities of a different age, an age in which one size cannot possibly fit all. The architecture of the rules-based system requires flexibility to adapt to the different needs of its members in different configurations, ranging from those focused on domestic policy reforms to those motivated by bilateral, plurilateral or regional trade integration priorities. A self-learning and adaptive multilateralism can accommodate these opposite pulls and pressures in a rules-based order. But multilateralism is only one piece of the puzzle and its abundant benefits are accompanied by a price. The price of multilateralism is constant adaptation, operation in different formats and in step with a complex reality. As argued elsewhere, there is a case for a ‘messy’ multilateralism, because ‘multilateralism is not one thing, but many’ (Haass, 2010).
The new realities of the twenty-first century require an upgrade of the multilateral trading system by erecting its upper floors on the foundation of the existing trade rules and the accumulated acquis.
Over the past twenty years, the rules-based global economy has been subject to a dynamic process of transformation. The trading environment has been characterized by shifts in the balance of economic power, emerging structures and rapid changes in global and regional alliances. Since its establishment in 1995, the WTO has sought to adapt to these global trends. The 2017 Trade Facilitation Agreement (TFA), the 2015 Nairobi Decisions on Agriculture, the 2015 expansion of the Information Technology Agreement (ITA) and twenty years of cumulative WTO accessions acquis are all part of this process of constant adaptation by the WTO to a rapidly changing environment.
However, after the Seattle Ministerial meeting in 1999, free trade agreements (FTAs) and regional trade agreements (RTAs) mushroomed. The ‘spaghetti-bowl’ consequences and the continuing proliferation of preferential trade agreements (PTAs) and counter-PTAs have created challenges and opportunities for the rules-based multilateral trading system. Several questions have been raised, revolving around the compatibility and the discriminatory and trade diversion effects of such agreements. Are these agreements building blocks or stumbling blocks for the multilateral trading system? Moreover, the emergence of mega-regional RTAs (MRTAs), in particular the Trans-Pacific Partnership (TPP), have called into question, in some quarters, the power and relevance of the WTO at large.
This chapter examines the core question of whether mega-regionalism (and FTAs by implication) poses an existential risk to the multilateral trading system and argues that the answer is ‘no’. The negotiating results from FTAs, including in their mega-regional forms, and trade multilateralism can coexist in a constructive, healthy and competitive relationship and both are essential for the governance of the multipolar twenty-first-century global economy.
To substantiate this conclusion, the chapter reviews the WTO accessions acquis and compares it to the provisions of the TPP, without pre-judging its future. The comparative analysis is conducted across several areas: market access; trade rules (bilateral/plurilateral/multilateral); trade negotiations as an instrument for domestic reforms; and discriminatory effects. The results of the analysis point to areas of significant complementarity and mutual supportiveness between WTO accession acquis and the TPP, and different degrees of trade liberalization in certain sectors. The accessions acquis demonstrates a process of mutually supportive coexistence between bilateral and plurilateral negotiations and the multilateral legal and policy framework of the WTO.
At the launch of the first volume of our collection on accessions in September 2015, I said that our work in this area was a major success story for the organization. That remains the case today. Since then we have welcomed another three new members to the WTO, taking the membership to 164. As of early 2017 there were twenty-one ongoing WTO accessions, including eight least-developed countries. In total, fifty-seven applicants have expressed their interest in joining the WTO through the Article XII process since its establishment in 1995.
Empirical evidence suggests that the WTO accession process, which normally entails a range of domestic reforms, has had an overall positive impact on the economic performance of the participants. Looking at the remaining accessions, which involve a large number of economies that are dominated by a relatively narrow range of export products, the agenda for structural reforms will be vital for economic diversification, increased competitiveness, private sector development and improvements in the business environment and governance. In this way, the accessions process can make a significant contribution to the overall goal of faster growth, development and job creation.
The 2015 book WTO Accessions and Trade Multilateralism: Case Studies and Lessons from the WTO at Twenty (WTO/Cambridge University Press) was focused on the contributions of accessions to the multilateral trading system and the impact of accession on recently acceded WTO members. This follow-up volume Trade Multilateralism in the Twenty-First Century: Building the Upper Floors of the Trading System Through WTO Accessions draws on recent accession experiences to distil the impact of accessions on the constantly evolving architecture of the multilateral trading system.
This book pulls together a wide range of topics related to the impact of accessions and it draws on a broad range of contributors – from politicians and chief negotiators to academics and trade practitioners. All of them have been directly involved in the accession process and are uniquely placed to provide new insights on how accessions can help to reshape trade multilateralism for the twenty-first century.
The contributions contained in these pages are directed towards a broad audience of international trade and economic policy-makers, practitioners and scholars in related fields, as well as business people.
Trade multilateralism, i.e. global trade based on negotiated and agreed rules by the World Trade Organization (WTO) membership, faces various challenges. Slow economic growth, changes in the balance of global economic power and inequitable distribution of growth benefits have called into question the benefits of globalization and the rules-based global order. Trade has been the target of a barrage of criticism from many quarters and has become a lightning rod for policy failures, weaknesses in international cooperation and the adverse effects of rapid technological advances on jobs and incomes. In this tortuous and uncertain environment, concerted policy actions along several strategic axes are needed to put trade back on track and make trade multilateralism work for all once again. First, trade multilateralism must be used as a tool to restart global economic growth and job creation, while managing uncertainty and risks. Second, a global trading system anchored in the WTO – with strong, well-enforced rules that continue to adjust to promote competition and a level playing field – remains critical. Third, the new realities of the twenty-first century compel an upgrade of the multilateral trading system by the building of its upper floors on the foundation of the existing trade rules and accumulated acquis and expertise. Such a system would preserve the fundamental set of rules at the core of the multilateral system, abolish or revise obsolete rules, which have not stood the test of time, and adopt new rules that would reflect new realities. Fourth, accessions to the WTO are arguably the most vibrant component of the multilateral trading system and have already made important contributions to each of these policy directions. The objective of this book is to draw on recent accession experiences to distil the impact of accessions on the constantly evolving architecture of the multilateral trading system.
Trade multilateralism at a crossroads
Trade multilateralism has been under stress following the transformation of the global environment in recent years. Political developments have revealed a fraying consensus on the benefits of international economic cooperation. While trade integration has helped to drive economic growth across the world for decades, recently an uptick in protectionism and inward looking policies have been a drag on trade and growth.
WTO membership has long been an integral part of the overall strategic objectives of Afghanistan. For a post-conflict, landlocked and least-developed economy, joining the WTO was perceived as an opportunity to achieve economic stability, improve regional security and cooperation, alleviate poverty and achieve peace. Afghanistan has been on an eleven-year journey to integrate into the multilateral trading system. Its WTO accession process, described in this chapter, was a learning experience in which Afghanistan's governmental and academic institutions, private sector and civil society all upgraded their capacity, using this accession as a catalyst to accelerate structural reforms and strengthen market instruments. The enormous reforms accomplished in this process have allowed Afghanistan to build a more favourable trade and investment regime, with effective laws and trade policies based on the WTO agreements. This chapter sheds light on the accession process and the accomplished domestic transformation and identifies ways forward to maximize the benefits of Afghanistan's WTO membership as a tool for cementing its long-standing commitment to an open economy, rule of law, good governance and international cooperation.
Afghanistan is a landlocked least-developed country (LDC). Its territory covers about 652,000 square kilometres and it has a population of approximately 32 million. It is bordered by Pakistan in the south and east, Iran in the west, Tajikistan, Turkmenistan and Uzbekistan in the north, and China in the far north-east. Several decades of war and disorder have had a devastating impact on the Afghan people. Millions have been killed and millions more have been forced to flee their homes.
Stability is still a major concern and the economy remains weak. Commercial connections to regional and global economies have been severely disrupted by the civil conflict. Hard infrastructure, including roads and reliable supplies of water and power, has largely been destroyed and is inadequate to support rapid, sustained economic growth. Soft infrastructure, including human and institutional capacity necessary for an economy to function, also remains limited.
After many years of instability, Afghanistan continues to face daunting challenges. The perilous security situation has hurt confidence and growth. Afghanistan is undergoing a challenging political, security and economic transition necessary for robust and inclusive economic growth.
By
Zhao Hong, Professor and Director of the Institute for Comparative Politics and Public Policy at the Shanghai Institutes for International Studies.,
Maxensius Tri Sambodo, Researcher at the Indonesian Institute of Sciences (LIPI) –Economic Research Center.
Energy relations between China and Southeast Asian countries have extendedfrom energy trade cooperation to equity investment and infrastructureconstruction cooperation in recent years. However, several factors arepushing some Southeast Asian countries toward resource nationalism andprotectionism. Local politicians and general public reportedly are concernedof China's ambitious plans for energy resources exploitation in SoutheastAsia. This chapter examines different concerns of and responses to China'senergy resource related investments in Indonesia, and demonstrates thatthe actual impact of Chinese energy investment depends not only on China,but also on the recipient country's domestic politics, regulatory system andstate capacity.
Introduction
Indonesia is rich in energy and mineral resources and it has allowed foreign companies to explore and exploit its oil and gas reserves sincethe early 1960s. Chinese national oil companies (NOCs) have long demonstrated interest in Indonesia's energy resources and they have developed many oil and gas exploration projects there. After the global financial crisis in 2008, China accelerated its foreign direct investment (FDI) to Indonesia and, for the first time, China was among the top five countries for levels of FDI to Indonesia in the last quarter of 2014. This may elevate energy cooperation to a new level.
However, although Chinese government has planned to stake a long-term strategic energy investment in Indonesia through a range of policy incentives and Chinese capital has poured into resource and energy-related infrastructure sectors, emerging factors have been pushing the two countries’ energy ties toward difficulties and competition. Concerns in Indonesia that an increasing trade deficit with China will affect national economic security have stirred debates over how to protect Indonesian resource and mineral industries while maintaining trade ties with Beijing. Fearful of falling into a relationship of “dependency development” with China or other foreign mineralinvesting country, Jakarta implemented a new law banning the export of unprocessed ore in January 2014. Although the law aims to increase added value for mineral resources prior to export, the new regulations will affect Sino–Indonesian energy resource cooperation. Within this context of fraught political and economic relations, this chapter addresses the following questions: In what direction is the China–Indonesia energy tie going — towards cooperation or conflict? And can it provide a basis for a broader bilateral relationship?
Overview of the Indonesian Energy Sector
Historically, Indonesia has been an attractive country for mineral investors because of its rich mineral wealth.
The literature on Chinese overseas foreign direct investment (FDI) in theGlobal South has generally pursued a global approach or state-to-stateanalysis. However, these overlook changes at the local level as Chinese FDI hasrekindled the emergence of historical tensions among groups, local strugglesfor control, and anxieties toward globalization in the twenty-first century. Thus,this gap presents an opportunity to analyse China's engagements at multiplelevels with a variety of regional actors across different scales, places, andcontexts. This chapter shows how the patterns and practices of Chineseinvestments in Philippine mining differ from conventional multinationalmining investments. First is the method of production. Multinational miningcompanies focus on large-scale mining (LSM), but Chinese investments tendto gravitate towards artisanal small-scale mining (ASM) to evade scrutinyfrom national authorities and hostile reactions associated with currentterritorial disputes between the two countries. Second is the method ofaccumulation. While multinationals use capital-intensive, ASM capitalizeson labour-intensive extraction, community-centred and house-driven support.And last are the host country linkages. While multinational mining companiesneed the support of national government agencies to pursue resourceextraction, Chinese mining relies more on connections with overseas Chinesecommunities in the Philippines to access subnational political elites, such asregional politicians, governors, and local officials.
Introduction
This chapter shows how the patterns and practices of Chinese investments in Philippine mining differ from conventional multinational mining investments. While Ching Kwan Lee has previously argued that there are different practices between Chinese and multinational mining companies in Zambia, the author suggests that Chinese investment in the Philippine mining sector presents an analogous case. First is the method of production. Multinational mining companies focus on large-scale mining (LSM), but Chinese investments tend to gravitate towards artisanal small-scale mining (ASM) to evade scrutiny from national authorities and hostile reactions associated with current territorial disputes between the two countries. Second is the method of accumulation. While multinationals use capital-intensive infrastructure and formalized ways of pursuing extraction, ASM capitalizes on multiple methods and ways: labour-intensive extraction, communitycentred and house-driven support, and flexible infrastructure. And last are the host country linkages. While multinational mining companies need the support of national government agencies to pursue resource extraction, Chinese mining relies more on connections with overseas Chinese communities in the Philippines to access subnational political elites, such as regional politicians, governors, and local officials.
By
Menandro S. Abanes, Associate Professor of Social Sciences at Ateneo de Naga University and a Lecturer at the Safety and Security Management Studies (SSMS), The Hague University of Applied Sciences.
Amid the controversies and historically conflictive and divisive character ofmining in the Philippines, China's entry and involvement in the industryhave made it even more controversial, conflictive and divisive because of theterritorial disputes in the West Philippine Sea (South China Sea). Over thepast five years, there have been a surge of Chinese mining investments anda growing opposition to them in areas where they operate. Opposition toChinese mining is highlighted by over a hundred arrests of Chinese nationalsinvolved in illegal mining operations and suspension orders of Chinese firmsor their dummies. So it raises the big question — why is it that Chinesemining seems to be unwelcome and yet it continues to pour in and expand?In this article, the complexities of Chinese involvement in Philippine miningare discussed and examined. The article starts with the current situationof mining in the Philippines and the relevant mining-related laws, which,apparently, are being exploited by Chinese mining investors to serve theirinterests. To contextualize the widespread opposition to mining in general,contributions of mining to local development and poverty incidence areevaluated. Recommendations on how to reduce the controversies, tensionsand conflict brought about by Chinese mining in local communities areoutlined
Introduction
When the Philippine Supreme Court issued a Temporary Environmental Protection Order (TEPO) against ninety-four “small-scale mines” in the Province of Zambales in 2013, the media touted the decision as anti- China, rather than pro-environment or anti-mining. Many of the big small-scale mines enjoined by the TEPO to “perform or desist from performing an act in order to protect, preserve, or rehabilitate the environment” are reported to be dummies of Chinese firms. The case was filed by concerned members of local communities of the province who complained that the mining operations were allegedly outside the designated allowable mining area, were polluting the environment, were unregulated and untaxed. Local and national government officials were also respondents to the case.
Mining in general in the Philippines has been controversial and divisive. On the one hand, mining operations have been described by civil society groups and the Catholic Church as destructive to traditional livelihoods. On the other hand, mining has also catalyzed vibrant economic activities through job creation, infrastructure works and business establishments in economically stagnating localities. Thus, government officials and businessmen tend to favour and endorse mining projects.
Across Southeast Asia, the “rise of China” has inspired both anticipation and anxiety. A common aspiration throughout the region is that a strong China means economic prosperity for all. The prevailing wisdom is that the sheer size of the world's second largest economy and its demands for trade will translate into jobs, business opportunities, and economic growth for neighbouring countries. These aspirations have been bolstered by China's leadership in establishing the US$100 billion Asian Infrastructure Investment Bank (AIIB), as well as its ambitions to retrofit ancient trade routes with twenty-first century infrastructure as part of its “One Belt, One Road” initiative. Now with hints of American influence in decline, many eyes are looking to China as the region's new benefactor.
If anticipation has been fuelled by visions of economic splendour, the anxieties have been more polysemic. Influxes of Chinese investment have been accompanied with waves of Chinese companies, workers and migrants, whose intermixing with local populations has generated both enthusiasm and distrust. The Chinese knack for keeping costs low has come with familiar concerns about social and environmental management practices, exploitation of local labour, and networks of chronyistic corruption. China's territorial claims and expanding military installations in the South China Sea have only helped to heighten geopolitical tensions both within and among individual Southeast Asian nations. Hence, while Chinese economic influence has been welcome, a stronger political, military and socio-demographic presence has been met with more equivocation, if not outright consternation.
Amid these tensions, Chinese resource sector investments have emerged as flashpoints of protest and controversy. From government orders to suspend the Chinese-backed Myitsone dam and Letpadaung copper mine in Myanmar to national protests over Chinese resource sector investments in Vietnam, the Philippines and elsewhere, resource projects have come to be a “focal point” for tensions and anxieties surrounding China's rise in Southeast Asia. Indeed, resource development is an interesting angle from which to examine China's future roles in Southeast Asia precisely because it reflects the contested nature of development.
Resource development is contested development. From “conflict minerals” to “resource curses”, political economies of resource development have been known to incite inter- and intra-state conflict, hinder socio-economic development, and bind already poor countries and communities into dependent relations with other more powerful nations.
Coal is the dominant source of energy in Asia, and China and Indonesia are itsleading producers and consumers. Understanding the interconnection betweentheir coal industries also illuminates their shifting geopolitical relationship, whichhas become stronger through resource-based economic ties despite the occasionalcontest over issues on sovereignty. China and Indonesia have maintained a hugeand mutually beneficial coal trade for many years, and this coal-based relationshiphas been nationally and globally influential. However, the China–Indonesia coaltrade dropped precipitously in 2015 when shifting political and economic contextsdrove both countries to decrease their levels of exchange. China's domestic airpollution and climate mitigation policies led to a large decrease in demand forcoal, while Indonesia introduced new policies, including new restrictions oncoal exports, to promote economic development and nationalization of its energyindustry. However, the changing incentive structure resulted in new directionsfor the China–Indonesia coal relationship, further strengthening the economicties that undergird their geopolitical relationship. The China–Indonesia coalrelationship is no longer a consumer–producer relationship defined by trade andexport, but is instead shifting toward Chinese investment in coal productionwithin Indonesia. China is becoming more involved in coal-related infrastructurein Indonesia, especially electric power generation. These new directions willbe critical for understanding the environmental and economic impacts of coal.
Introduction
Southeast Asia is one of the only regions in the world in which coal will constitute a greater share of the energy mix in the future. China is the world's top producer and consumer of coal, while Indonesia holds these same titles within Southeast Asia, producing 89 per cent of the coal in Southeast Asia. Indonesia is also the world's largest coal exporter. The coal industry has major political sway in both countries. China and Indonesia have become politically and economically entangled through coal trade and investment. For the past several years, their intimate import–export relationship has dominated global steam coal trade in both volume and market power. Although other regional partners, namely Australia, are major suppliers of coal to China, this chapter focuses on Indonesia due to the growing importance of the China–Southeast Asia relationship for global resource governance. Southeast Asia has a huge natural resource endowment, including biodiversity and carbon stocks in its forests, major fossil fuel reserves, minerals, and ores.
By
Jason Morris-Jung, Senior Lecturer in Social Research at the Singapore University of Social Sciences (SUSS).,
Pham Van Min, currently teaching at the University of South Australia.
Since the turn of the millennium, Chinese economic activity in Vietnamhas been growing in scale, diversity and geographical coverage. Anincreasingly important area of this growing activity has been in naturalresource and energy sector projects. More recently, they have also been asource of public discussion and controversy, generating some of the mostspectacular incidents of domestic protest in the post-war era. However,as this chapter argues, to view these incidents simply as historicalanimosity towards China misses a lot. Rather, they reflect complexconjunctures of multi-level governance problems and contextual factors,among them Vietnam's on-going geopolitical tensions with China in theSouth China Sea. This chapter examines recent trends and public concernsemerging around China's growing economic activity in Vietnam, andthen explores in more detail two case studies of popular resistance to largeresource sector projects with Chinese involvement, namely a controversyover bauxite mining in the late 2000s and attacks on Chinese workers at amassive steel factory in Central Vietnam in 2014.
Introduction
Since market reforms in the 1980s, foreign investment has been and continues to be a driving force for Vietnam's economic development. Since normalization of bilateral relations in 1991, Chinese economic investments in Vietnam have increased dramatically. More recently, they have also shown a growing interest in Vietnam's rich mineral and energy resources. Geographical proximity makes Vietnam particularly interesting to Chinese resource companies, especially for minerals that have high transportation costs. Furthermore, shared histories, cultures and socio-political organizations have facilitated trade and business relations between these two nations.
On the surface of it, Chinese demand for natural resources and Vietnam's need for foreign investment is a perfect match. Yet one does not have to dig very deep below the surface to find a much more problematic situation. Recently, the General Director of the Department of Geology and Minerals of Vietnam publicly complained that up to 60 per cent of mineral licenses in northern Vietnam showed “Chinese traces”. It was as if, he suggested, “the Chinese were standing behind our back and controlling our own mining industry”. While the widespread opposition towards Chinese involvement in bauxite mining in the late 2000s was perhaps a first signal of unrest, the riots that targeted mainland Chinese workers at a Taiwanese-owned steel factory in Central Vietnam in 2014 demonstrated just how grave the matter can become.
Morris-Jung's introduction to this volume began with a macro analytical framework of China's resource encounters in Southeast Asia. It pulled together a wide diversity of issues covered in the individual chapters to introduce the central framework of this volume, which is a careful and detailed analysis of diverse issues centred on local and national development, environment, justice, power relations, territoriality, sovereignty and many others. Morris-Jung's chapter painted the complexities that all authors in the volume grappled with. How do scholarly works capture the highly-nuanced, contextual and complicated domestic and external factors behind the “new wave” of Chinese investments into the Southeast Asian region, which represents an interplay of both opportunities, challenges and risks? Morris-Jung correctly identified the multi-layered implications of these investments and subsequently each chapter contributor highlighted and surveyed these complex layers through case studies, local-area examples, contextual analysis and empirical data.
What Morris-Jung and the other chapter contributors have highlighted is the complicated ecology of state-owned enterprises (SOEs), private sector firms, local communities, regional elites, nationalpoliticians, Chinese diaspora and bureaucracies interacting with each other. In analysing them, we should not, as Morris-Jung reminds us, fall into a territorial trap of resource extraction based on unquestioned assumptions of (1) territory as geometrically bounded and inwardly focused and (2) the sovereign autonomy of the nation-state. This would unnecessarily delimit the imaginative as well as analytical spaces available, which the rest of the chapter contributors have explored with vigour and incision. Therein lies the most important contribution of this edited volume — a multi-perspective and multi-spatial analysis of the ecology of Chinese mining, resource extraction and investments in the diverse region of Southeast Asia.
Macro-regional Analyses
Philip Andrews-Speed, Mingda Qiu and Christopher Len's chapter “Mixed Motivations, Mixed Blessings: Strategies and Motivations for Chinese Energy and Mineral Investments in Southeast Asia” identified the specific motivations of Chinese enterprises and government in their engagements with Southeast Asia's energy and mineral resources, and examine some of their implications from their mix of corporate and state drivers. In this chapter, the authors argue that the increasing participation and investment of Chinese hydrocarbons, petrochemicals and commodities/resource firms may be showing differential outcomes in Southeast Asian countries due to varying incentives used, state priorities, global business experience, and sometimes less than optimal management. Although these firms attract Chinese funding to the region, it may also bring about negative impacts if project promises are not delivered.
Many Chinese large-scale investments, particularly those in the energy andnatural resource sectors, have encountered nationwide protest in Myanmar.These protests have radically called for project terminations, which partlyresulted in President Thein Sein's decision to suspend construction on theChinese-backed mutli-billion dollar investment in the Myitsone dam in2011. This incident has been widely regarded as a turning point in what hadhitherto been seen as close relations between China and Myanmar. Bringingthe research gaze down to the local level, this chapter examines the contextand conditions of interactions between key Chinese actors and Myanmarcivil society. It argues that a restrictive legal and political context,organizational limitations, and dismissive attitudes towards civil societyhave engendered mutual suspicion and mistrust between local Myanmaractivists and Chinese companies. This, in turn, has hindered the developmentof more formal or regular communication channels between actors anddisadvantaged Chinese efforts to build reputation and trust within the widerMyanmar public.
Introduction
In recent years, under the democratizing environment in Myanmar, civil society has mounted forceful campaigns against irresponsible foreign investment practices, which have included Chinese, Thai, Indian and South Korean companies. However, Chinese investments account for about a third of Myanmar's total cumulative foreign investment of US$62.6 billion, as of 2017. Most of the protest has been in the energy and natural resource industries, whose propensities for extensive socioenvironmental impacts have encountered the most resistance. Much of it has been labelled and, indeed, presented itself as “anti-Chinese”. As this chapter demonstrates, however, the causes of protest in Myanmar are multiple and complex.
Protests have played a critical role in compelling Chinese interlocutors — including state-companies, the embassy in Yangon, the Chinese Ministry of Commerce, and Chinese scholars — to confront the demands of Myanmar civil society. This chapter will first provide a brief overview of Chinese investments in Myanmar, followed by an examination of anti-Chinese sentiments as they have emerged through complex historical relations, local politics and Chinese investment practices. It analyses how Chinese interlocutors, whose conventional diplomatic and business approach is to deal predominantly with host governments, perceive and interact with local civil society actors in Myanmar, especially as their protests make these interactions inevitable.
By
Yu Hongyuan, Professor and Director of the Institute for Comparative Politics and Public Policy at the Shanghai Institutes for International Studies.
This chapter analyses key challenges that China currently faces in securingsupplies of strategic mineral resources from its neighbouring or “periphery”regions. It provides some perspectives on Chinese state interests in ensuringlong-term mineral supply from its neighbouring mineral-rich countries,as well as offer policy recommendations on how China can improve onresource diplomacy in its “peripheries”. The chapter does not aim to becomprehensive in its review of these minerals, but instead surveys someimportant minerals to reflect on how Chinese strategies for sourcing mineralsfrom peripheral regions are relevant to China's mineral investments inSoutheast Asia.
Introduction
“Strategic minerals” can be defined as natural resources that are important to a state's economic development, national security or people's livelihoods. The US Geological Survey (USGS) includes additional criteria for defining “strategic minerals” as commodities that are not easily replaceable yet they are extracted mainly from foreign sources. Among industrialized nations, competition over theexploitation, production and accumulation of strategic minerals have come under international media attention.
As China's economy has been developing rapidly since economic reforms that started in 1979, its consumption and import of strategic mineral resources has also increased significantly. According to the Chinese Academy of Engineering's definition of forty-five strategic minerals, China is in short supply or cannot guarantee adequate supply of twenty-seven different kinds of strategic minerals. More than half of them are currently imported from Southeast Asia and Australia, mineral-rich regions proximate to China. Southeast Asia is also China's most important supplier for nickel, aluminum ore (i.e., bauxite) and coal. As China's demand for strategic minerals is likely to keep increasing, based on projected slowing but continuing growth, China will need to consider several important factors to ensure accurate and realistic assessments of availability and accessibility for long-term resource supplies, especially from its neighbouring regions such as Southeast Asia.
This chapter analyses the key challenges China currently faces in securing supplies of strategic mineral resources from its neighbouring or “periphery” regions (translated as “zhoubianguojia” in Chinese hanyu pinyin romanization), which refer to those countries and regions surrounding the Chinese overland borders and coastal areas. The “periphery” is a necessarily loose categorization, but it has particular significance because of the particular geopolitical and close economic relations that China shares with these countries and regions historically.