Read The Times Australia

Daily Bulletin

What's at stake for NZ in Australia’s case against China at the World Trade Organisation?

  • Written by: Alexander Gillespie, Professor of Law, University of Waikato

With the relationship between China and Australia souring in the past six months, New Zealand’s response will need to be nuanced and careful, but also principled.

First and foremost, we must ensure the dispute between two of our main trading partners stays partitioned from our role within the Five Eyes security alliance. If they become muddied, our economic relationship with China will suffer.

This is complicated by Australia’s recent forthright positions on a number of strategic issues, including an insistence that the World Health Organisation (WHO) conduct a robust inquiry into the origins of COVID-19, and criticism of China’s actions in Hong Kong.

By accident or design, Australia has appeared to be in the front line of Western criticism of Beijing — and has been subjected to a growing list of export restrictions in return.

Chinese authorities have asserted that Australia is unfairly dumping (selling below cost) or subsidising many of its exports, and have imposed tariffs on wines (up to 200%) and barley (up to 80%).

Other export products, such as lobster, have been blocked by more indirect means, such as additional hygiene requirements. Claims of pest threats have affected timber shipments, and meat supply lines have been disrupted by concerns over labelling and health certificates.

Beyond this, coal has been affected by preferential treatment for other producers. Iron ore is the only Australian export that has so far not been targeted — Australia dominates the international market and China has an insatiable demand.

World Trade Organisation headquarters building WTO headquarters in Geneva: resolution of trade disputes can be a long, drawn-out process. www.shutterstock.com

Why the WTO is vital

Australia has now taken its concerns to the World Trade Organisation (WTO), with barley seen as the best case (although other products may follow). If the consultation process over the next few months fails, a panel will be created to rule on the matter.

There is a lot at stake here, and New Zealand will want to pay close attention because of the wider ramifications. Australia, like New Zealand, has a free trade agreement with China which has seen strong growth since 2015. The value of Australian exports to China has doubled, from AU$75 billion to $150 billion in five years.

China makes up a whopping 30.6% of Australia’s top ten export markets — more than double Japan, the second most important market. At 56% of the total value of those exports, iron ore swamps all other trade streams.

New Zealand has experienced similar growth, with two-way trade increasing from $NZ10 billion in 2007 to over $30 billion today. Around 28% of all New Zealand exports go to China, including more than a quarter of dairy, about half of all meat, and almost two-thirds of wood exports.

But going to the WTO will not be a quick or easy process. It could drag on for years, especially if there are appeals, which is likely given both countries are veterans at this and both are quite litigious.

Australia has been a complainant in nine cases, a respondent in 16, and a third party in 112. China has been a complainant in 21, a respondent in 44, and a third party in 166. By comparison, New Zealand has been a complainant in nine, a third party in 61, but never a respondent.

Both Australia and China have recorded wins and losses. China lost to the European Union but did score a victory over Donald Trump’s trade restrictions. Australia recently lost to Indonesia, and lost earlier to New Zealand with its wrongful biosafety measures keeping our apples out of their market for nearly 100 years. But overall, Australia’s record at the WTO generally suggests more wins than losses.

Read more: China enters 2021 a stronger, more influential power — and Australia may feel the squeeze even more

Supporting a rules-based international order

The good news is that going to the WTO for resolution endorses the rules of international trade law (and a rules-based international order in general) — not an order based on the arbitrary power of the strongest. This is exactly what globalisation should look like.

China, like Australia, publicly professes to be a good member of the WTO. Both have adhered to a temporary appeals process as a way to bypass the Trump administration’s attempts to undermine the WTO’s ability to resolve trade disputes.

While some in the US have cast doubt on China’s compliance with WTO rules, other analyses suggest Chinese compliance with the dispute settlement mechanism is respectable and better than is commonly portrayed.

Indeed, while compliance may sometimes be less than perfect, there are no cases of China simply ignoring rulings against itself.

Read more: Vital Signs: Australian barley growers are the victims of weaponised trade rules

NZ should become a third party

Perhaps the best news is that this dispute has stayed within the trade arena and has not spilled into the area of strategic alliances. This is despite the Five Eyes partners having reportedly discussed widening their focus beyond security to include economic retaliation.

As well as doing what it can to ensure this remains the case, New Zealand (with other interested countries) should seriously consider becoming a third party to the WTO in this dispute.

To do so would mean we would need to demonstrate a “substantial interest” in the case. This need not be only economic, but could involve the impact of the measures in question on the overall trading system.

If we do this, New Zealand should make clear this is not a Gallipoli moment where we are blindly following our ANZAC sibling. Our engagement should be in defence of a higher principle, albeit where trade is the context. Only a rules-based order, premised on international law and independent, binding processes can make the future secure for all players, large and small.

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/whats-at-stake-for-nz-in-australias-case-against-china-at-the-world-trade-organisation-153098

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How fast can you charge an EV at home? Charger speeds explained

Ask new EV owners what worried them before buying and charging time comes up early. A petrol tank fi...

Crossing Several European Borders? How to Keep Your Phone Working the Whole Trip

A multi-country trip through Europe can cross three borders in a day. Take the coach from Split to...

Behind the Scenes: How Medicines Stay Safe Before They Reach Your Pharmacy

You pick up a prescription, glance at the label and pop the box in your bag without a second thought...

How Local Organisations Can Get Their Story Told in the Media

The local junior footy club raises enough money to send a team interstate. A community garden double...

Understanding the Compassionate Flexibility Built Into Religious Fasting Traditions

You've probably been aware of religious fasting as part of the cultural landscape, whether through...

The Rise of Australian-Made Spirits and What It Means for Local Drinkers

Not so long ago, ordering a local gin at the pub would earn you a blank look. Bottle shop shelves we...

How NDIS Providers Can Free Up Space and Run a Tighter Operation

Walk into the office of almost any growing NDIS provider and you will probably find a corner that ha...

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...