The Financial Post
01/13/1992 (Weekly)
Free trade helps us defend our interests
Peter Morici
As we mark the third anniversary of the Canada-U.S. free trade agreement,
claims abound about the disposition of disputes and jobs won and lost. Although
the agreement stands up well against these standards, it has given Canada
something much more significant - a new special relationship with the U.S.
During the early
post-war decades, two fundamental sets of realities defined Canada's
relationship with the U.S. First, as a consequence of its industrial
pre-eminence, the U.S. both set the agenda and determined the outcome of
General Agreement on Tariffs and Trade multilateral negotiations. The benefits
of access to the U.S. market were too large for other nations to ignore as the
U.S. pressed to open international commerce.
Second, although many
of Canada's resource industries were supplanting U.S. producers, the structure
of the U.S. trade policy-making process and the special relationship - forged
by wartime co-operation - shielded Canadian interests.
By the 1970s, waning
industrial dominance and an increasing sense that U.S. competitiveness problems
resulted from unfair trade practices abroad caused Congress to revise U.S.
trade law, permitting private businesses to force the president to grant heavy
doses of protection through quasi-judicial processes in the International Trade
Commission and the Commerce Department.
The resulting effects
on Canada's commercial fortunes are well-known, and these motivated its
interest in a trade agreement that could provide more secure access to the U.S.
market. The free trade agreement delivered on this fundamental goal at two
levels.
First, it provides
Canada with special status within the U.S. system of contingent protection,
ensuring that U.S. trade laws are applied fairly and accurately. Chapter 19
permits firms to appeal findings regarding subsidies and dumping before
binational panels in which Canadians share equal representation with Americans.
No other nation or its citizens can so pre-empt the U.S. judiciary. This is a
fundamental compromise of Americans sovereignty.
Canada's victory in the
pork sbusidies case illustrates - and the controversial ''extraordinary
challenge'' confirms - that the free trade agreement can provide safe haven for
Canadian industries threatened by American sectional politics. The softwood
lumber problem has been festering, welling up in unseemly disputes, since the
mid-1950s. The current instalment of this dispute could prove difficult, but
Canadian federal and provincial governments, as well as the forest industry,
apparently agree that the agreement's dispute-settlement processes will confirm
their position.
Second, the free trade
agreement establishes for Canada insulation from many congressional actions
that could change the rules of the game and has created an acknowledgment among
U.S. government officials and business leaders of Canada's special stake in the
U.S. market.
U.S. policy will
increasingly emphasize bilateral initiatives with Japan, Mexico and the rest of
Latin America and pressures for an activist industrial policy to support
corporate alliances, research consortiums and generic pre-competitive R&D
will mount.
Essentially, the free
trade agreement guaranteed Canada a place at the negotiating table with Mexico
and a special status in those talks that just would not have been possible
without the precedent-setting character of the Canada-U.S. agreement.
Turning to industrial
policy, indecision among economists and the apparent paralysis of the
Washington policy-making establishment in the face of the worst recession in the
post-war era stem from the structural, as opposed to cyclical, nature of the
American malaise - short sighted business planning, poorly trained workers,
ill-equipped managers and professional staff and the crushing overhead imposed
by America's free-market legal and medical care systems. When the dust settles
and the roots of American industrial decline are recognized, we can expect to
see enormous pressure for a proactive American policy - the next presidential
election could prove decisive.
Two kinds of pressures
are mounting in the U.S. - reactive and proactive. On the one hand,
protectionist interests are acting on the administration to use all the levers
at their disposal under U.S. trade law and to pursue all options provided by
the free trade agreement - witness the extraordinary challenge in the pork
case. On the other hand, observers more sensitive to long-term structural
problems in the U.S. economy are advocating a more positive competitiveness
building policy.
The free trade agreement, by instituting special dispute-settlement procedures, by affording Canada special status within the American trade policy-making apparatus and by manadating negotiations concerning the application of subsidies, government procurement and other instruments of industrial strategy, affords Canada the means and forum to defend its national interests.