Sun 3 Apr 2005
Transatlantic Trade Confrontation II
Posted by Joshua Harris under International Economics[8] Comments
The Financial Times reports that European and American trade officials are conducting a last ditch meeting in an attempt to resolve the Airbus-Boeing subsidy battle before it reaches the World Trade Organization court. I have previously discussed this issue, considering the suits ill-advised and broadly detrimental. I stand by my previous assessment.
If this lawsuit is decided through the exclusive jurisdiction of a WTO arbitration panel, it’ll have undeniably negative effects for both Washington and Brussels. Although the recent warming of the transatlantic relationship has been predicated mostly on the realities of national interest, a bitter fight between Europe and America (the sheer acrimony of the dispute is evidenced by the hostility of the final telephone call between US negotiator Zoellick and EU representative Mandelson) would strain the relationship and have a chilling effect on future trade cooperation.
More importantly, the fallout for the WTO would be enormous. As demonstrated by the, comparatively minor, dispute over the illegal Byrd amendment (in which the US Congress adopted and now refuses to repeal a protectionist measure deemed illegal under WTO rules), protectionist elements in the American legislature have grown increasingly powerful. Empowered by reactionary sentiment against foreign competition on the part of domestic constituents, these protectionists are willing and able to subvert WTO rulings they find to be objectionable. In this case, the constituents (industrial workers and powerful commercial interests) opposed to a ruling against Boeing are extremely important and very powerful. Without a doubt the protectionists would seize upon this ruling as political ammunition against the WTO and refuse to end the industrial subsidies. Europe, dependent upon EADS as a counterweight to American industry and benefitting greatly from its subsidization, would similarly evade any ruling against it. Precedent, the case of Canada (Bombardier) versus Brazil (Embraer), strongly suggests that the panel will come down against the subsidies of both Europe and the United States. Thus the doubling ruling would assuredly be made, and even more assuredly not be carried out, and the WTO would be severely impacted in terms of its prestige and legitimacy. As I noted before:
However, the greatest risk of this battle will be to the legitimacy of the WTO as a final arbiter of trade relations. Since the US and the EU will be blatantly ignoring the ruling for at least some time, the body risks losing credibility as a forum for resolving large-scale trade disagreements involving powerful vested interests. If nations lose faith in the WTO, upcoming trade disputes (such as those over intellectual property rights, agricultural subsidies, and governance) won’t be adequately resolved through the efficient WTO mechanisms, and will instead drag on for years. The current system of international commerce will be set back, and the process of forging standardized rule sets for global trade will be stunted for some time.
From a more basic perspective, these subsidies are actually beneficial for both Brussels and Washington to maintain. Although free trade is almost always a positive and productive policy for those who partake in it, in this case it is not. In this case, both market failure and the intersection of geopolitics render free trade unproductive. As Adam Smith once noted, the defense industry cannot be supported through normal market mechanisms. The government, through the law, has made the defense industry into a oligopsony (it has only a few customers, each with great buying power, who often coordinate). The government must therefore provide financial support for the defense industry to remain viable. Furthermore, geopolitics requires that a nation’s defense industry be kept as innovative and modern as possible. This is not possible without state assistance under the current organizational framework. Now, this is not to suggest that unbridled support of the military-industrial complex is necessary (in many ways defense contractors have become far too powerful and corrupt); merely that some level of state intervention is required. As far as launch aid for the Airbus airliners, it’s pretty reasonable. The European trade commissioner put it best in a recent Op-Ed:
Here is how it works: Since 1992 European governments have committed some $3.7 billion to Airbus for its new ventures; all this investment, including interest, must be repaid by the company, on the basis of a levy for each plane sold. Once that initial investment is repaid, the company pays royalties on additional sales. It’s a win-win arrangement — Airbus pays the nations back as it is able to sell its planes, and over time the governments concerned make a handsome profit.
The question now is how this unfortunate situation can be resolved. As before, I believe the best way out for both governments is to negotiate a settlement. Mr. Mandelson’s solution seems particularly reasonable and pragmatic. An intermediate agreement trimming both the European launch aid and US subsidies by a decent amount would be a good compromise. If future reductions are deemed necessary and proper, it would provide a platform for a more expansive agreement. If not, it would amicably conclude the contentious issue and allow it to fade quietly into the night.
However, I’m not very optimistic that such diplomacy will work. As it stands now, the issue will at least be heard at the WTO. Hopefully the suit can be withdrawn before a verdict is issued, but that’s very much up on air. This last-ditch effort seems to be almost entirely without chance of success.
Mr Zoellick, who has retained some influence over some trade issues despite being moved to the State Department following President Bush’s re-election, told reporters last week he did not think a deal was likely by the deadline