“Censorship as a Non-Tariff Barrier to Trade.”
Those of us who remember the debate over whether
Fukuyama himself had praised China's evolution toward liberalism as far back as 1989. At the time, he found little room for backsliding:the pull of the liberal idea continues to be very strong as economic power devolves and the economy becomes more open to the outside world . . . .
Precisely because we assumed the march toward economic and political liberalism to be inexorable, we failed to contemplate that any other outcome was possible - or to construct rules that would prevent any other outcome from occurring. Because of it, we are now witnessing the outcome opposite to the one the PNTR proponents believed would occur.
As discussed further below, it is global economic integration that has given the Chinese government the economic leverage over the rest of us to advance an illiberal agenda. Thus, rather than having global economic integration incubate democracy and suppress autocracy, global economic integration has become a vector for autocratic suppression of democracy. Economic liberalism did not lead to political liberalism: it has led to political repression.
There are various ways to address the threat the behavior the
More broadly, we must also reform the rules of globalization. The current reform proposals are woefully inadequate to address the scope of the problem. It is not clear that our allies yet share our concerns about the seriousness of threat. As a result, cooperation with allies alone is unlikely to suffice to address the problem, at least in the short-term.
Extraterritorial Suppression of Freedom of Speech
With increasing boldness, the CCP - the Chinese government - has used its considerable leverage over global markets to attack the right to freedom of expression. For Americans, the most notorious examples have involved the NBA and South Park.
We express our strong dissatisfaction and opposition to {NBA Commissioner}
Silver's stated support of Morey's right to free speech. We believe any remarks that challenge national sovereignty and social stability do not belong to the category of free speech. n5
Not surprisingly, the CCP's interpretation of the meaning of free speech is at odds with the very concept of it.
When the CCP was "offended" by a South Park episode, the creators had a different response. They used the government's attitude to mock it - and the Morley critics. "We, too, love money more than freedom." n6
Though the apology was satirical, it drove home the issue: by doing business with China, Americans are too often forced to choose between money and freedom. This choice is fundamentally inconsistent with the premise under which
Chinese efforts to control speech about
I think it happened very slowly and insidiously . . . . You would not see a major film company or studio make a movie that has story lines which are critical of countries with major markets or investors. The question becomes: what's the result of all of this? The result is, there are a million or more Muslims in reeducation camps in
The Chinese government is obsessed with controlling information, and deploying it in furtherance of an agenda that uses increasingly Orwellian tactics. 2020 is the year the Chinese government is set to execute its social credit system. The system is described as a "creepy" take on a credit score, where the government's judgment of a citizen's social conduct is baked into a social credit score. The consequences of a bad score range from slowing the person's internet speed to banning him or her from flying to being named a bad citizen. n8 Coupling the social credit system with the Chinese government's push into facial recognition, and the concept of being a private citizen will lose all meaning. n9
For the time being, the social credit system seems to be a domestic enterprise. But if there was any doubt that the CCP is on the march to extend its control over domestic speech overseas, we need look no further than the revocation of the press credentials of three
The Chinese government's extraterritorial control of speech is not limited to Americans, either. The Swedes gave a freedom of speech award to a Chinese-born Swedish publisher under detention in
Chinese diplomats have also escalated their decidedly undiplomatic barbs. n13 The double standard is jarring. Anyone commenting critically on the CCP's conduct is subject to accusations of "hurt feelings" and retaliation. In the meantime, Chinese diplomats insult other countries with increasing abandon.
The Chinese government's behavior takes on ever greater characteristics of the authoritarian heyday that Fukuyama believed was over.
Ironically, by concluding that the fall of the
How did this happen?
A Brief, Relevant History of the Negotiations to Create the GATT
Our appreciation of the true roots of the multilateral global trading system is a bit rusty. We have a vague notion that there were tariff wars in the 1930s, and that the architects of peace felt that a rules-based global trading system would promote harmony.
What we remember less is that the
The architects, which included
These rules did not survive. The received wisdom is that they failed because
{t}rade may . . . be restricted by business interests in order to obtain the unfair advantage of monopoly . . . . These practices destroy fair competition and fair trade, damage new businesses and small businesses, and levy an unjust toll upon consumers. Upon occasion, they may be even more destructive of world trade than are restrictions imposed by governments. n19
The Charter's negotiators - successful businessmen themselves - were exasperated by the short-sightedness of the business community's opposition. What the business community considered limitations on free enterprise, the negotiators considered essential elements of free enterprise. In advocating for the Havana Charter, which reflected the original
There are two roads we can take here. One leads in the direction of free enterprise and the preservation of democratic principles. The other road leads in the direction of Socialism and state trading. n20
Compare this more nuanced view to the one handed down over generations: it is not trade by itself that produces a social good, but trade as part of a system of free enterprise. And, critically, free enterprise was not synonymous with "laissez-faire," but rather with a suite of rules designed to impose restraint on the excesses of capital that, for example, led to the 1929 crash. That the system designed by the post-war architects was based on laissez-faire is unthinkable in light of the fact that Keynes himself repudiated such a system in 1926 with his essay The End of Laissez Faire. n21 Keynes celebrated the American proposal, deeming it "the blue prints for long term commercial . . . policy" and "the first elaborate and comprehensive attempt to combine the advantages of freedom of commerce with safeguards against the disastrous consequences of a laissez-faire system." n22
In describing the two paths that lay ahead, Clayton was referring to the
{T}he Chinese party-state has enormous power to tell companies what to do.
The legal academics
When this approach is married with the corporate emphasis on short-term returns, it becomes easier to see how the Chinese government has achieved such leverage in the global marketplace that it can control the speech of private citizens thousands of miles away.
When China joined the
But it was not just the size of the market, or the cheapness of the labor that led to the rapid rise of China as an economic powerhouse after PNTR, shown in the graph below. n24
The interventionist nature of the Chinese government also played a critical, and underappreciated, role. It is typical to ascribe the Chinese economy's rise to the simple operation of Ricardo's comparative advantage. However, in exploring how China has risen to the top of the lithium ion battery industry, the
Why do companies participate in these forced joint ventures? The size of the market and the size of the low-wage workforce.
If we examine the approach of the Chinese government to the global marketplace from a broader lens, we start to see the common thread across its behavior.
But
Many trade experts remain relatively unconcerned by the behavior of the Chinese government. According to this view, similar arguments were made about
The increasing aggression of the Chinese government illustrates the radical differences between the
By contrast, as its behavior in the
Finally, a state capitalist economy with an authoritarian government is able to deploy subsidies of a size that would be more difficult to justify in a system with checks and balances. Authors Pettis and Klein, in describing CCP control over business, take the position that "the Chinese economy may be fundamentally incompatible with the spirit of any rules-based trading system." n28
It is critical to factor in that
It is not only PPE, however. One review of the transcripts at the USTR Section 301 hearings reveals an extraordinary list of products that witnesses claimed could not be made outside of China. n29 It is not simply that these goods cannot be made in
This situation is serious enough that it has gotten the attention of the Pentagon. In a report on the industrial base, the
China is . . . the sole source or a primary supplier for a number of critical energetic materials used in munitions and missiles. In many cases, there is no other source of drop-in replacement material and even in cases where that option exists, the time and cost to test and quality the new material can be prohibitive - especially for larger systems (hundreds of millions of dollars each). n32
Part of the reason we have not, historically, concerned ourselves with supply chains is because our approach to trade for decades has emphasized "efficiency" - low cost -- as virtually the only relevant value. But, as we are now finding out, efficiency is in fact not the only value in a global trading regime. Redundancy has value too. This is why information technology systems have backups. It is not necessarily "efficient" in a dollars-and-cents calculation - until the day the system crashes.
Trade policymakers are now in the process of finding out what IT workers have known for decades: redundancy is critical.
Because of the size of the Chinese economy, its geopolitical ambitions, our extreme supply chain dependency, and the Chinese government's willingness to exert that power in ways inimical to the interests of democratic societies, the CCP poses a threat that is simply not analogous to Japanese economic ambitions in the 1980s.
Solutions
The CCP's leverage over the speech of American citizens comes in large part from its economic leverage over
Some of these approaches will involve coordinating with our allies, be it at the
In addition, as many experienced American trade negotiators are aware, our allies are not necessarily as concerned - yet - about addressing the problematic behaviors of the CCP. Prior efforts to cooperate, including the
We cannot afford to rely exclusively on collaboration with allies to address to threat the CCP now presents. It will take a mix of strategies.
The following priorities stand out, though these are by no means exhaustive:
* Promote redundancy in supply chains. Although there are mixed feelings about the Section 301 tariffs, one benefit is that they have been moving supply chains out of China, and to other countries. n34 Among the countries benefiting are those with values more akin to our own, including
We must be more deliberate, however. For example, building on the Pentagon's efforts, we should examine supply chains and identify alternatives for those that are important to the
Senators Cornyn and Warner have introduced legislation to restore semiconductor manufacturing in
Although the concept of industrial policy was out of vogue for the past 40 years, there was a strong bipartisan consensus in favor of it in the 1970s. Supporters included Pete
Peterson, after whom the
However, to ensure that we address the true scope of the problem, we must understand all the ways in which the trading system facilitates supply chain concentration in
* Negotiate comprehensive reforms to the rules of globalization to preserve competition. Even if we succeed in diversifying supply chains, it will be difficult to sustain that diversification unless the rules of globalization themselves are reformed. Otherwise, the same incentives that led to offshoring and concentration in the first place will lead to offshoring and concentration again. Therefore, reforms must address the fundamentally anticompetitive behaviors at the heart of the problem: monopolistic conduct, currency manipulation, and labor and environmental arbitrage.
To address monopolistic behavior, this paragraph from the Havana Charter is a useful starting point:
Each Member shall take appropriate measures and shall co-operate with the Organization to prevent, on the part of private or public commercial enterprises, business practices affecting international trade which restrain competition, limit access to markets, or foster monopolistic control, whenever such practices have harmful effects on the expansion of production or trade . . . . n40
These rules cover both private and public commercial enterprises and allow us to avoid the pointless debate over whether a particular company is state-owned or not.
The Havana Charter also had rules to guard against labor arbitrage. With respect to currency manipulation, the Charter set out a mechanism for dispute settlement that included fact-finding by the
* Rethink our asks of the CCP during the ongoing negotiations. Some of the priority asks of the CCP are at odds with the goal of reducing Chinese economic dominance and indeed would increase CCP leverage over us. For example, the Chinese government's lack of respect for intellectual property rights is one of the reasons companies choose not to produce there. By improving the investment climate in
We should instead use the talks to discuss labor and environmental arbitrage. n41 It is not because labor and environmental issues are "social" issues, as has been the traditional perception. Rather, the Chinese government suppresses these rights in order to create a false comparative advantage, and that is bad for American workers and American businesses. Indeed, it is bad for every country in the world that has to compete with Chinese production of industrial goods. Part of the reason
And it is also bad for Chinese workers.
This is reason enough to revive the Charter's rules on labor rights, and to expand them to include environmental rights, as part of the
Conclusion
The optimism that prevailed after the demise of the
The state that emerges at the end of history is liberal insofar as it recognizes and protects through a system of law man's universal right to freedom, and democratic insofar as it exists only with the consent of the governed. n43
Although the founders of the GATT had the foresight to devise rules to frustrate the ability of state trading systems to thrive, precisely because of the threat they pose to free enterprise and democracy, the American business community persuaded
Ironically, then, we are now living through the very outcome the founders of the system sought to prevent. If the Chinese government continues on its present path, which is to bend others to its will, we may well end up with a global trading system that more closely resembles state capitalism than free enterprise. The loss of free speech we are witnessing seems merely to be a harbinger of the loss of other freedoms, too.
We are not powerless to act, but it does require us to part company with the theories of trade that have predominated over the past 25 years. Trade does not produce peace by itself. Rather, trade fosters peace when the rules are designed to promote peace.
Fukuyama has more recently revisited his views. Commenting that the "unregulated markets" associated with Thatcherism had in many ways a "disastrous effect," he went on to comment that the only "plausible systemic rival to liberal democracy" is Chinese state capitalism.
The Chinese are arguing openly that {state capitalism} is a superior {model} because they can guarantee stability and economic growth over the long run that democracy can't. n44
The system we thought would breed democracy has instead facilitated a rival ideology that threatens democracy itself. Fukuyama has the integrity - and the courage -- to revisit his assumptions, and to recognize his mistake.
We must do the same.
n1
n2 Id. at 10.
n3 CNN Business, "The NBA Faces a No-Win Situation in
n4 CNN Business, "China Won't Show NBA Pre-Season Games as Backlash Over Hong Kong Tweet Grows,"
n5 Id.
n6
n7
n8
n9
n10
n11 Id.
n12 The Guardian, China Threatens Sweden after
n13 The Straits Times, "Diplomatic Outbursts
n14
n15
n16
n17
n18 Id., at 419.
n19
n20 "Why and How We Came to Find Ourselves at the
n21
n22 Quoted in Wealth of a Nation, at 332-33.
n23
n24 Visual Capitalist, 70 Years of Economic Development and Policy in
n25
n26
n27 Id.
n28 Klein and Pettis, Trade Wars are Class Wars, at 121-22.
n29
n30
n31 Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of
n32 Id., at 36.
n33 "China:
n34
n35 Creating Helpful Incentives to Produce Semiconductors for America Act (https://www.cornyn.senate.gov/node/5599)
n36
n37
n38 Id., at 103, 250.
n39 Market Economy Sourcing Act (https://www.casey.senate.gov/download/market-economy-sourcing-act)
n40
n41
n42
n43 Fukuyama, "The End of History?" at 3.
n44
Read this original document at: https://www.finance.senate.gov/download/063020202020-baltzan-statement&download=1


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