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Asia-Pacific RCEPonds to Trump’s Snub

By Fred Rocafort on November 18, 2020
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Thanks to the Economist for the title inspiration.

On November 15, the Regional Comprehensive Economic Partnership (RCEP) was formed by 15 Asia-Pacific nations. RCEP constitutes “the world’s largest free trade bloc.” Its formation is being touted as a “geopolitical victory for China,” which is a member, but the country’s role is being overstated in some media reports. As Brookings clarified, “RCEP, often labelled inaccurately as ‘China-led,’ is a triumph of ASEAN’s middle-power diplomacy.” Underscoring this, the agreement was signed on the margins of an ASEAN summit, in a meeting chaired by the Vietnamese prime minister.

RCEP is not as far-reaching as other trade deals, with former Australian PM Malcolm Turnbull describing it as a “really low ambition trade deal.” At the same time, “getting an agreement that could successfully navigate the domestic constraints and starting points in all 15 countries is an important accomplishment.” In addition, RCEP could provide a catalyst for closer economic integration between subsets of members.

The United States is not a member of the RCEP, which is not surprising, given it “likely believes the RCEP trade standards are too low with the inclusion of China and developing countries.” In any case, it is not clear if an invitation was ever extended.

What the United States did do, however, was pull out of the more ambitious Trans-Pacific Partnership (TPP) in the early days of the Trump administration. Prior to the U.S. withdrawal, RCEP was seen as a poor sister to TPP: a second-rate response by China to its exclusion from the party. It was seen as proof that, when it came down to it, the United States was the preferred partner for countries in the region. However, after Trump’s spurn, TPP lost much of its oomph (although it did not die completely, surviving as the repackaged Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)). Meanwhile, RCEP became the biggest show in town.

There are important takeaways from the RCEP’s establishment for the United States. First, it underscores the folly of having left TPP in the first place—and should serve as a warning against future protectionist temptations: a real risk for a Biden administration that will be pressured from its own party’s left flank and an opposition that developed a taste for economic nationalism. For U.S. allies in the region, the logical result of a combination of American apathy and growing economic interdependence with other Asia-Pacific countries will be less concern for U.S. priorities.

Second, the participation in RCEP of strong U.S. partners like Australia, Japan and South Korea highlights China’s importance to them as a trading partner, despite disagreements on security and other issues. As the American Enterprise Institute’s Michael Mazza mordantly pointed out, “Not a single one of the 14 other countries involved said, ‘You know what, I’m not going to sign an FTA with China while it’s undertaking a genocide. Thanks, but no thanks.'” Clearly, there there are limits to what America can expect from its allies in terms of confronting China, even under the best of circumstances.

Going forward, the United States should prioritize joining—well, rejoining—the CPTPP. The Biden administration will likely face opposition to this, including from within the Democratic ranks; heck, even Biden himself has expressed misgivings about TPP. However, what is at stake is nothing less than America’s ongoing relevance in Asia-Pacific.

Whatever the United States does though, RCEP will give rise to new opportunities for companies in Asia-Pacific. We will be looking at the specifics of the deal in a coming post.

Photo of Fred Rocafort Fred Rocafort

Fred is a former diplomat who joined Harris Bricken after more than a decade of international legal experience, primarily in China, Vietnam, and Thailand. His wide range of experience includes starting and operating his own business in Asia, working as an in-house counsel…

Fred is a former diplomat who joined Harris Bricken after more than a decade of international legal experience, primarily in China, Vietnam, and Thailand. His wide range of experience includes starting and operating his own business in Asia, working as an in-house counsel for a Hong Kong-based multinational, as well as many years as a State Department official, providing a client-centric perspective to his legal work. Fred co-hosts Harris Bricken’s weekly Global Law and Business podcast, which covers legal and economic developments in locales around the world to decipher global trends in law and business with the help from international guests.

Fred began his career overseas as a U.S. vice-consul in Guangzhou, China, adjudicating thousands of visa applications and advocating for fairer treatment of American companies and citizens in China and for stronger anti-counterfeiting enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters from Binh Duong to Buenos Aires.

Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. An avid explorer of Hong Kong’s countryside, he now spends much of his free time discovering the Pacific Northwest’s natural charms.

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  • Blog:
    China Law Blog
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    Harris Sliwoski
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