Who Gave America the Power of World Enforcer?

Published in Legal Daily
(China) on 1 March 2012
by (link to originallink to original)
Translated from by Brian Delsandro. Edited by Laurie Henneman.
On Feb. 28, President Barack Obama signed an order to establish a trade law enforcement center within the Office of the U.S. Trade Representative. Western critics say this action by the United States is directed at the "unfair trade" policies of important trade partners, and is mainly aimed at China.

The same day, The Information Technology and Innovation Foundation, a Washington think tank, released a report entitled "Enough is Enough: Confronting Chinese Innovation Mercantilism." It accused Beijing of maneuvering to obtain "absolute advantage" for Chinese companies, and petitioned the U.S. government along with its allies to create a "Global Free-Trade Coalition" to crowd out China.

Perhaps the administrative reform that America needs is the formation of an inter-departmental trade enforcement center. However, it is probable that this would create an opportunity, helping the U.S. to prepare for intensifying trade frictions with China. The U.S. has not developed a special trade enforcement center to deal with the precedent set by new developments. The trade friction situation facing China today is obviously very serious.

Americans keep thinking that the U.S. manufacturing sector is the world's most efficient, and can't compete with China's only because of "unfair trade." American politicians repeatedly indoctrinate the electorate: China is using state capitalism to challenge the global trading system, and the U.S. must "fight back."

In fact, the U.S. is a challenger and saboteur of global trade rules. Washington presumably senses that the help the World Trade Organization can provide to American interests is lessening, and that they should make a fresh start. This time the U.S. government will join all of the resources of various departments together, much like clenching five fingers into a fist, ready to punch those they regard as "unfair traders."

However, no matter how powerful America is, it won't be able to spread its own will to become the will of the world. The world will not accept a disregard of the WTO's trade powers. Because if everyone sets up their own trade law enforcement center, and all declare that they are doing what is right and necessary, or pursue self-interests under the banner of the WTO, effectively usurping its powers while using its name, wouldn't world trade be in a state of chaos?

America can't believe that it is the primary importer of the world, just that it has unlimited special powers. In three years at the earliest, or five years at the latest, China will surpass it and become the world's number one primary importer. When the time comes, couldn't China also establish its own trade law enforcement center and "enforce the law" on America as it sees fit?

This is an election year in the U.S., so American politicians waving their fists at foreign nations are especially numerous. The Democratic and Republican parties of the U.S. can not reach a consensus on any issue, however their attitudes on slandering China are consistent. Nationalism is becoming America's spiritual opium in 2012.

America is drunk, and China cannot follow the drunk; we have to stay sober. The volume of bilateral trade between China and the United States is staggering. China exported $320 billion worth of goods to America in 2011, while America imposed sanctions on China that did not surpass $10 billion, a proportion of at most 2-3 percent. Because China is the fastest growing export market for the United States, it doesn't dare have a total showdown with China.

But at the same time it should be noted that because of China and America’s lack of mutual strategic trust; both sides increasingly bolstering their vigilance; and an increase in the politicized risk of future trade issues, if the situation is not handled appropriately bilateral trade issues may derail at any time.

American politicians like to seize on incidents to exaggerate matters, so China's best course is to continue without politics, but instead resolutely accord with WTO rules, engage to completion every trade lawsuit brought on by America, and safeguard the tangible benefits of Chinese companies. Concurrently, China should do a good job of uniting its industries to keep a check on the price pressures of foreign enterprises. This is favorable to the income of Chinese enterprises, and can also reduce the number of anti-dumping investigations brought on them by foreign enterprises.

In any case, we do not have to be intimidated by the so-called enforcement centers established in the United States. America doesn't have all-powerful force; whether China's trade structure is good or bad, Washington does not have the final say. Only the WTO can have judgmental powers. WTO Director-General Pascal Lamy gave China a score of A+ for its performance since entering the organization, which is the highest score.


摘要:今年是美国大选年,对外挥舞拳头的美国政客格外多。美国民主、共和两党不能在任何议题上取得共识,却唯独能在攻击中国上态度一致。民族主义正在成为2012年美国的精神鸦片。

  美国总统奥巴马28日签署命令,在美国贸易代表办公室内部设立跨部门贸易执法中心。西方评论称,美国这是冲着重要贸易伙伴的“不公平贸易”来的,主要针对中国。

  同一天,华盛顿智库“信息科技与创新基金会”公布了一份报告,题目是《够了:对抗中国的创新重商主义》。它指责北京耍手腕为中国公司获取“绝对优势”,要求美国政府与盟友打造“全球自由贸易联盟”,排挤中国。

  成立跨部门贸易执法中心或许是美国行政改革的需要。但它很可能创造契机,帮助美国做与中国加剧贸易摩擦的准备。美国此前从没有专门成立贸易执法中心对付新事态的先例。中国今天面临的贸易摩擦态势显然已十分严重。

  美国人一直认为,美国制造业是全世界效率最高的,竞争不过中国,只能是因为“不公平贸易”。美国政客们反复向选民灌输这样的看法:中国正用“国家资本主义”挑战全球贸易体系,美国必须“反击”。

  其实美国才是全球贸易规则的挑战者和破坏者。华盛顿大概觉着,世贸组织能给美国利益帮的忙越来越少了,他们应当“另起炉灶”。美国政府此番将各部门资源整合在一起,很像收拢五指,攥成拳头,时刻准备向他们眼里“不公平贸易”出拳。

  然而美国再强大,它也无法将自己的意志扩张成世界的意志。世界不会接受一个凌驾在世贸组织之上的贸易强权。因为如果谁都成立自己的“贸易执法中心”,都宣称自己 “替天行道”,或者打着世贸组织旗号追求一己私利,“挟天子以令诸侯”,世界贸易岂不大乱?

  美国不要以为自己是全球第一进口大国,就有了无限特殊的权力。快则三年,慢则五年,中国就将超过它,成为世界头号进口大国。是不是中国届时也可成立自己的贸易执法中心,对美国随意“执法”?

  今年是美国大选年,对外挥舞拳头的美国政客格外多。美国民主、共和两党不能在任何议题上取得共识,却唯独能在攻击中国上态度一致。民族主义正在成为2012年美国的精神鸦片。

  美国醉了,中国不能跟着醉,我们得清醒。中美双边贸易额大得惊人。中国对美国2011年出口3200亿美元,而美国对华制裁不超过100亿美元,比例顶多2%—3%。由于中国是美国出口增长最快的市场,美国不敢与中国彻底摊牌。

  但同时要看到,由于中美缺少战略互信,彼此防范不断加深,未来贸易摩擦政治化的危险越来越大,如果处理不当,两国贸易问题随时可能“出轨”。

  美国政客喜欢借题发挥,中国最好的做法是不在政治上接茬,而坚决依照世贸规则,同美国把每一笔贸易官司打到底,维护中国公司实实在在的利益。同时,中国应搞好行业团结,遏制外贸企业的彼此压价。这样既有利于中国企业增收,又可减少外国对中国企业的反倾销调查。

  无论如何,我们不必被美国成立所谓执法中心吓住。美国已经没有一手遮天的力量,中国的贸易体制好不好,也不是华盛顿说了算。只有世贸组织才有评价权。世贸组织总干事拉米给中国入世以来的表现打了A+,这是最高分。
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