Too Many Cooks in the Kitchen

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Rawlston Pompey

Monday, 04 February 2013 02:30

By Rawlston Pompey

In most democracies, structures are in place for institutional settlement of disputes among members of society.

Such institution is called the Judiciary, where behaviors inconsistent with “...civility, decency, rationality and justification are adjudicated through legal processes by professionally trained men and women. Empowered with “...punitive or compensatory considerations,” Orders from such institution have a legal force of “...compellability and compliability.” The social system also allows for mutually agreed settlements of disputes. These were usually achieved through recognized quasi proceedings. Most formal or informal organizations, including the World Trade Organization (WTO), have varying mechanisms for settlement of legitimate grievances over “...trade or market access.” The representative unit within the WTO is the “...Dispute Settlement Understanding (DSU) body, through which nations may seek redress with “...reasonability” and with expectations of amicable resolutions.

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PEACEFUL INTENTIONS
Despite peaceful intentions, the nation of Antigua and Barbuda was confronted by  an economic giant, seen by WTO members as a tyrant.” The US dominant position, influence, bargaining power, economic, trade and foreign policies, were well known. Singularly, the nation lacked the capacity in exerting meaningful pressures on the US without support from the more influential members “...China, Japan, Canada, Mexico and the European Communities.” These members who also had “...substantial trade interests, had “...Reserved Third Party Rights” for participation, in helping to secure amicable resolutions among the disputing parties. It was the view of those who had been following developments within the ‘WTO’ on the Trade fiasco, that these members with which the nation has close diplomatic ties, may have been encouraged into joining the trade battle.”

DESIRE FOR PEACE
There was no doubt that difficulties now confronts the nation, were attributed to the advent of “...Globalization, Sectorization and Liberalization of Trade.” The commitments by WTO members were invariably compounded by the “...Selectivity” applied by some nations relating to “...free market access to certain “...Sectorized Services.” Research showed that “...Peace is not possible where there are gross inequalities of money and power, whether between men and women; workers and management or nations and nations” [Wikipedia]. . The nation has been cooperative and tolerant. Even when driven to its “...Fiscal Cliff,” it has shown a “...desire for peace” and willingness in discharging its international obligations. It had done so even when its “...Commitments and Agreements” were at variance with national interests, policies and Laws. The nation had to contend with issues of “...dispute settlements; ...disagreeable rulings and members non-compliant behavior.” Undoubtedly, the nation’s current difficulties were due in part to its powerlessness in effectively challenging the United States without serious repercussions.  Yet it was guided by the Rule of Law-domestically and internationally.

BELLIGERENT ATTITUDE
Though the US behavior was inimical to its democracy, falling short of saying that it was against public good and repugnant to all responsible and law-abiding people, Finance Minister Harold Lovell, even under ominously grey skies, appeared to have been harboring “...feelings of cautious optimism.” Conscientiously, he remains steadfast under illusions that in spite of challenges, the nation was likely to succeed in its efforts. However, failing which, he had intimated the option of engaging the services of other Consultants in charting the next course of action including a “...Resolution.” Such may be placed under “...parliamentary considerations,” if only for history and posterity to judge the United States belligerent attitude towards the nation.

THIRD PARTY INVOLVEMENT
The WTO Rules allow for its members, “...one or three Third Parties” in reserving rights for participation in dispute settlements. Such reservation was said to be allowable, if a “...Third Party” has vested interest, namely “...substantial trade interests” or “...significant economic stake in the dispute” [DSU: Article 4.11]. Article ‘10’ of the Rules also allows for “...Third Parties” to deliver “...written or oral testimony” to the Dispute Settlement Understanding (DSU) body; while Article ‘17’ allows for “...Reservation of Third Party Rights at the Arbitration Panel stage” [Mark L. Busch & Eric Reinhardt]. It would be unthinkable that small vulnerable States were unaware of these allowances and dominant posture, resolve and capabilities of the United States within the international community.

TRADE TROUBLES
Many “...Trade Troubles” were said to have resulted from “...Commitments and Agreements” made by Trade representatives-“...Ministers or Ambassadors” within the WTO. Invariably, without considerations of “....implications and/or repercussions,” many had undertaken to discharge obligations that were often fraught with administrative and/or bureaucratic difficulties or disadvantageous to national interest. The dispute involving Antigua and Barbuda speaks and the United States speaks to these issues. Notwithstanding, the WTO rules, allows for such officials to make “...representations, commitments and/or agreements” on their nation’s behalf. Conforming to stipulated “...Timelines,” these were to be “...morally binding” upon their nations. Frequently, however, some “...Commitments and Agreements” were seen not to be in harmony with “...existing national laws, policies or practices.”



MOVEMENT OF CAPITAL
Since its transformation from the “...General Agreements on Tariff and Trade (GATT) [1947], making way for its consolidated annexation to the World Trade Organization (WTO) [1995], the organization serves as a “...buffer between nations and mediator among those with “...overly aggressive trade policies,” specific to access for goods and services. Research showed that even with added “...Administrative and Arbitration powers,” the WTO’s effectiveness in dealing with the more industrialized and influential members,” has caused the less influential members” to feel dissatisfied and discontented [Wikipedia]. Interestingly, most nations had sought to protect certain services, particularly those affecting the “...Movement of Capital” from their jurisdictions.” This had clearly manifested itself in the current “...unresolved Trade Dispute.” Troubled by the United States “...dominance; ...its protectionist policy and defiant attitude,” Antigua and Barbuda was placed at the center of a “...protracted trade dispute.” This was due to the United States refusal in “...honoring its commitments and/or obligations to the international community, and more specifically, failure in complying with a ruling that it had made “...grievously contentious.”

OFFENDING MEASURES
In three procedural instances “...the Consultative/Negotiations” [March 24, 2004 & 2007] and Arbitration Panels and Appellate body, their rulings had favoured Antigua and Barbuda.” It was determined by these panels that the “...offending measures” by the United States, had violated “...Article XIV” of the General Agreements of Trade Services (GATTS) for access to its financial services [1995]. That “...Article” stipulates that such “...Measures shall not be applied in a manner that constitutes “...Arbitrary and unjustified discrimination against countries.” Thus, the Appellate Body had given the US a timeline in “...bringing itself into full compliance with the rulings by April 3, 2006 [Wikipedia]. To date, the United States has shown not even a thin veneer of civility in complying with its previously made “...Commitments and Agreements” under the GATT/WTO rules.

INVOCATION OF ARTICLE XXI
Antigua and Barbuda with “...creativity and foresightedness,” had embarked upon a path of “...economic diversity.” It had established a Financial Services sector that had earned some “...measure of economic prosperity” to the extent of becoming the envy of the Superpowers. Respecting access to its “...Financial Market,” the United States, acting under “...Article XXI” had reneged on “...Commitments and/or Agreements,” made under the “...General Agreements on Trade Services (GATS). Without exception, it withdrew market access from “...ALL WTO MEMBERS,” including Antigua and Barbuda. US financial institutions and Credit Card Companies were restricted by a Congressional Act from servicing Offshore Gaming Operations [2008]. Forced into seeking redress through the “...Dispute Settlement Understanding” (DSU) body [Article 22.3], the nation cited crippling restrictions unduly imposed by the US upon its Financial Services Sector. Favored with “...Consultative results; and ...Rulings by the Arbitration and Appellate panels, referrals of its concerns were reportedly made to the “...Compliance Panel” of “...US non-compliance.” This was the beginning of a long running costly trade battle, seemingly with no imminent end.

ECONOMIC HORROR
Today, the nation was deeply embroiled in a“...Trade Dispute Settlement Debacle that many experts believed may have been diplomatically resolved.” This had prompted former Ambassador Lionel ‘Max’ Hurst in ascribing the nation’s woes, rightly or wrongly, to several factors, including “...Diplomatic Ineffectiveness.” Adding to the discussions, Senator Lennox Weston saw the situation as the result of “...nepotism, cronyism, compounded by poor diplomacy.” That which was irrefutable was an argument advanced by the Finance Minister. Describing the nation’s geographic and economic size as “...tiny,” it virtually has no natural resources matching that of the 7th least densely populated “...Potato State” of Idaho of the United States, boasting of significant “...Gem stones,” second only to India [Wikipedia]. The only commonalities shared with the United States were those of “...Sovereignty; ...Interdependence and ...Membership within the WTO.” Yet enjoyment of organizational privileges was subject to the whim and fancy of the Superpowers. This had precipitated strained relations, thereby causing it grave concerns and “...endless economic horror.”

NON-COMPLIANCE
The nation through its WTO Trade representative, had justifiably complained of the United States “...flagrant non-compliance,” following rulings, urging harmonization of its laws for accommodating WTO members to its Financial Market as mutually agreed. It would seem, however, that for such dispute to be resolved with any degree of amicability and satisfaction, certain factors must be at work. These factors may include, inter alia, the creation of an enabling environment, conducive to open and candid discussions with impressionable qualities of “...reasonability or rationality, the kind that may engender “...trust and confidence” in arbitrators, including the Dispute Settlement Understanding body as a whole.” Human nature being what it is, even when evidence showed unreasonableness, disputed parties were most likely to assume a negative posture, “...displaying disgust and defiance” as shown by the United States.



SPOILING BROTH
Many saw the exercise as being consistent with the historical “...open stadium built by ancient Romans in staging chariot races or fights between gladiators.” Except in the trade dispute with the US,” the nation was not a gladiator to be engaged in a fight, other than with “...words” uttered as to border that which Martin Luther King Jr. had concluded was “...dangerous.” That being said, critics believed that the nation’s woes, may not necessarily have been only as the result of “...US belligerence or Third Party” non-participation, but may also have been attributed to the level of “...diplomatic representation” by those in a seemingly “...over-crowded Corp, and questionable negotiating competencies. Thus, there were those who felt that when there were too many “...Cooks in the kitchen, the broth was likely to be spoilt.”

FUNDAMENTAL PROBLEMS
Other experts argued that there was much more than “...incompetence; ...rhetorical diplomatic expressions.”More fundamentally was the “...belligerent attitude, defiant, contemptuous and provocative stance” of the United States. It has been causing grave economic hardship to an impoverished nation and indigent people. Though it has obligations towards WTO member nations, the US has shown the international community that “...US interests supersede all others.” Thus, whether or not it had calculatedly made in good faith or deceptively in bad faith, the “...commitments and/or agreements,” it was at liberty to renege on those obligations. The contentious”...Trade Dispute between Antigua and Barbuda and the United States” appeared to have taken on many dimensions, suggestive of “...rhetorical circling or international circusing.”

TRADE WOES
Cognizant of the nation’s “...Trade Woes,” Senator Lennox Weston had identified certain factors, outside of “...diplomatic ineffectiveness,” as aiding protraction of the dispute and militating against successful resolutions. He touted the view that the “...Corp of diplomats was plagued with other weaknesses, affected by “...lack of negotiation and persuasive skills and favoritism.” These he posited may have been militating factors against their diplomatic efforts in arriving at amicable resolutions. While there had been many “...private critics,” Economist and former Financial Secretary, Senator Lennox Weston, may have been vocally strong to the point of advocating “...Streamlining of the Diplomatic Corp.”

DIPLOMATIC USEFULNESS
Most citizens agreed that “...Diplomacy” was both “...Costly and Challenging, yet many expected the nation’s “...crème de la crème staff,” might exert more persuasive influence in forums such as the WTO in resolving issues militating against the nation’s economic interest. There may have been justifiable reasons for Senator Weston’s feelings. He was perturbed with the level of representation and the non-achievement of amicable settlement. His dissatisfaction appeared to have been stemmed from the apparent inability of personnel in exerting efforts, not only in resolving the dispute, but also in attracting “...Foreign Direct Investments.” Speaking further to the role of the “...Diplomatic Corp,” he passionately argued that there were those whose effectiveness were neither felt nor seen through tangible benefits for the nation, thereby outliving their “...diplomatic usefulness.”

FORMIDABLE WTO MEMBER
Philosophically, it would be pointless embarking upon a mission or in pursuit of aspirations without exerting as much effort as there may be energy and enthusiasm. Even in a hyped-up mode, many representatives had fallen along the way, simply because they had “...lost focus or ran out of diplomatic ideas. Their energies had sapped; they had lost drive and lacked perseverance and enthusiasm. Thus, they were hopelessly lost and had been driven to the depth of despair. This may not necessarily be the case for those fighting a “...formidable WTO member,” such as the “...domineering tactic employed by the United States.” It would be more mindboggling if regional leaders were unaware that the Cuban leadership has a keen desire for the United States to end its occupation of Cuba. Such occupation appeared to have been imprudently granted through a “...Perpetual Treaty” [Feb. 17, 1903].  The leadership was yearning for reclamation of the “...Guantanamo Naval Base,” that may be used far more productively by the Cuban people. Strategically, there was much more value in the “...Naval Base” than there was in “...Intellectual Property Rights; ...Trade Mark and Copyrights Services.”

PREVIOUS INVOLVEMENT
Previously, the team that had dealt with the “...Issue No. 99 of 2005” was former Finance Minister Honourable Dr. Errol Cort with Ambassador John Ashe; ...Minister’s Counselor Elliot Paige; and ...Legal Adviser Mark E. Mendel. Recently speaking on behalf of the nation Mendel was quoted as saying “...The American never negotiated with us; ...That is the thing about what they say that makes us so upset; ...Antigua is interested in what else Washington can do to help it create jobs” [Reuters: Doug Palmer: Jan. 28, 2013]. More recently, and more forthright, was Trade Ambassador Colin Murdoch saying “...No substantial progress had been made, causing frustration over the lack of progress” [Caribarena: Carol Williams: Jan.28, 2013].

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HUMAN FRAILTIES
Martin Luther King Jr. advocate for human rights, equality and social justice, was also known for rational and inspirational expressions was attributed to saying “...There was nothing more dangerous than ...sincere ignorance and ...conscientious stupidity” [Jan. 15, 1929- April 4, 1968]. The Civil Rights leader in his philosophical expressions had seen “...ignorance and stupidity” as among the primary causes of human “...frailties, difficulties, suffering and misery.” He was mindful of that which was likely to ferment discord; ...trigger hostility as to “...become counter-productive, thereby militated against the achievement of set goals and/or objectives.”  If there was any evidence of these at work, then it might be discerned from a recent statement attributed to High Commissioner to London, His Excellency Dr. Carl Roberts, respecting the long running Trade Dispute between Antigua and Barbuda and the United States.

UNCERTAINTIES AND MINEFIELDS
Those involved and speaking to the issue in recent times appeared to have been uttering words, void of diplomacy and filled with pessimism and hopelessness. Earlier High Commissioner Roberts was quoted as saying “...We want to assure our fellow-delegates that we are mindful of the Uncertainties and Minefields that lie before us in going down a path not yet travelled” [Caribarena: Carol Williams: Jan.29, 2013]. The precautionary human principle advises “...When in doubt, stay out,” while the war principle advises that getting to the frontline without casualties, the path for travel shall be “...Cleared of all Minefields.” His Excellency might wish to remind himself of Martin Luther King Jr. caution, “...Where there was “...Conscientious Stupidity,” not only people have perished, but nations also suffered. Thus, as the cliché suggests, “...Where ignorance is bliss, it is folly to be wise.” Then there was the consultancy firm “...Levick Strategic Communications” and lobbyist, quoting Finance Minister Honourable Harold Lovell as saying “...It is time for the United States to drop its dismissive and frequently condescending attitude to another equally sovereign nation, regardless of our tiny size and economy” [Caribarena: Jan. 30, 2013].

MEDIA WARNING
The international community as well as social media has been closely observing the developments. From all indications, the Jamaican media, a renowned regional news portal may have been thinking outside the “...Rhetorical Box.” In its Editorial, the Jamaica Observer, quoted late Jamaican and international reggae superstar Robert Nesta Marley’s “...Stand up for your rights.” It argued that “...International Trade is vital to the survival and economic growth of Small Vulnerable Developing Economies (SVDE’s).” Yet mindful of possible consequences for “...calculated recklessness” in aimlessly travelling down paths fraught with “...Uncertainties” along with dangerous “...Minefields,” [Dr. Carl Roberts], it cautions, “...Contemplating suspending Intellectual Property Rights of the United States, Antigua and Barbuda could make itself vulnerable to US displeasure” [Dec. 23, 2012].

CONCLUSION
Invariably, those faced with difficult situations shall appreciate their “...strengths and weaknesses,” grasping opportunities and eliminating imminent threats. Under prevailing circumstances “...Success or Failure” was dependent upon prudence; ...a good sense of purpose; ...approachability and decisiveness. It was to be seen that in International Trade as it was the experience in other business transactions, “...Inequity” was known to have provoked contentious responses. This had clearly been the reason for the “...protracted trade dispute.”  This may also be reasonably inferred from reactionary statements attributed to the US Trade Representative (USTR) Timothy Reif, describing the nation’s purely “...psychological declaration of sanctions” as an act of “...Radicalism” [Daily Observer: Feb. 1, 2013]. Conversely, “...Equity and fairness” have always been determining factors in the avoidance and/or settlement of disputes. In the instant dispute, “...Equity” dictates that there shall be opportunity for “...Free market access” by trading partners. Examining the situation, two factors featured prominently (1) ...that which appears Advantageous to “...socio-economic interest and (2)... that which appears Disadvantageous-that which affects economic growth, vibrancy and sustainability.

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