SPEECH/02/299 Pascal Lamy EU Trade Commissioner Trade, Global Governance, Sustainable Development European Commission Policy Seminar Brussels, 24-25 June 2002 I want to begin by expressing my gratitude to all those who have travelled to Brussels from around the world to take part in this discussion. In the spirit of outreach to all these with a stake in trade policy, the world beyond Europe’s borders is represented not only by government ministers and officials but also by academics, business people and NGOs. We have the same balance on the European side. This form of dialogue between government and civil society has become a common feature of trade policy making here in Brussels: I hope it can also be a useful tool to illuminate the topics on the agenda today and tomorrow. The agenda is a valiant attempt to extract your wisdom on a wide range of issues in a short span of time. It is inevitable, if we want to create coherence across traditionally separate areas of policy, that we pool our ignorance of some things and learn to listen to the unfamiliar languages of those who are expert in fields beyond our own experience. Given the quality of the response to our invitation, I am confident that we will end tomorrow with new ideas and some concrete proposals as to what Europe, and perhaps partners should be doing in the months ahead. TRADE, GOVERNANCE, SUSTAINABLE DEVELOPMENT Here in Europe, I have been involved in the last 12 months, together with other colleagues from across the Commission, in some new thinking on all three of the issues that form the background to this debate: trade, governance and sustainable development. On trade, the run-up to Doha and the subsequent push to get the negotiations under way speak for themselves. Despite dangers, distractions and pitfalls in steel and other sectors, we remain committed to the multilateral route as the keystone of world trade progress. I am encouraged by the papers being tabled in Geneva but I am concerned that we seem to be still at a stage of staking out positions, rather than engaging in negotiations paper. I do regret the tactical delays already being pursued by some partners, particularly on market access talks: but this cannot endure. The bigger challenge will be to advance before next year’s ministerial in Mexico on outstanding business from Doha, which to my mind still means above all on access to medicines. On governance, the Commission launched last summer a new set of proposals to improve governance both within the EU and globally. We are asking your help in particular on the global side of that puzzle. Finally, on sustainable development, as our South Africans friends know all too well, the deadline of Johannesburg is approaching. We have been thinking here in Brussels, as elsewhere, how to ensure that, after Doha and Monterrey, Johannesburg too can mark a step forward. Without this, the benefits of Doha and Monterrey will not disappear, but let us be frank: trade alone cannot drive towards poverty alleviation in countries that have not also at home taken grip of their own responsibilities for steering society towards greater equality, whether among the sexes or among the richer and the poorer. If those are the three background issues, we have tried to focus the three working groups more narrowly: on ways to develop more open policy-making; on soft law tools to complement hard law, and on the scope for improving the intergovernmental structures for global cooperation. 2 Let me say a word about our own experience in the search for what the governance White Paper calls an ‘open and participative’ approach to policy making. In principle, I guess we all would agree on the need for the Commission and other European policy-makers to work beyond their normal spheres of influence, to extend the dialogue to other stakeholders, not only here in Europe, but to those from around the world with a stake in the process. In practice, at least in my own current field, this is quite a challenge, perhaps not for all of us, but certainly for some European trade policy officials. It is also a challenge, let us be frank, for non-governmental organisations and for business. These groups may be accustomed both to lobbying governments privately and to conducting rather snappy publicity campaigns for what they want. But they are not always comfortable to speak out publicly for what they desire in fora where others can then bring to bear other views and occasionally inconvenient facts. Despite these challenges on all sides, we have now entrenched a pretty open and very inter-active trade policy dialogue here in Brussels. But the question I want to pose for participants in this seminar is whether we can do better in extending such dialogue worldwide, at least when one player, such as European Union, is developing policies which will have an impact on government and non-government players in third countries. There are two complications to consider here. The first is fear. Fear that third country partners will be more powerful than we are, and will somehow also obtain a seat at the decision-making table if we offer them a voice in the deliberations that precede decisions. The second challenge is capacity. Even if a voice in the deliberative process is allowed, not every partner with an interest will be able to take up that opportunity. How can we not only create a theoretical right to dialogue but in practice ensure that all important voices are heard? I believe that this issue is essential not only to good policy-making within our countries but to better policy-making between us. The second set of issues which we have chosen to focus on is the scope for using new tools such as benchmarking or voluntary undertakings in the field of corporate social responsibility, as a means of complementing hard international law. This issue has been given a boost with the recent suggestion of incoming WTO Director General Supachai for some sort of code of conduct in trade matters for transnational corperations. We clearly have a meeting of minds here, and I hope that today’s and tomorrow’s discussions will equip me with some food for further thought on how to take this forward. Let me state a personal prejudice here: I am distrustful of recipes that may lend apparent dignity to surreptitious attempts to avoid law-making. I have a strong preference for clear laws and public compliance procedures. But I recognise, particularly in the international sphere, that the hard law approach does not always work: that is, takes too long, costs too much, creates no real or timely improvement in the world. I recognise, too, that softer approaches can sometimes build bridges between evolving positions in one or other country and can certainly be effective in drawing in non-governmental stakeholders whose contribution may be a crucial part of the solution to any problem. 3 So here, I guess the challenges of the group are two-fold. First, how to expand the toolbox beyond hard law solutions, without creating a presumption that the more difficult hard law solutions should always be set on one side? Second, how to develop verification mechanisms so that soft law solutions can be truly effective. I am pleased that the example on which this group is invited to focus concerns corporate social responsibility. The Commission is currently sifting responses to its CSR green paper, and will be taking that work forward in the near future. My hope is that we can use this European Corporate Social Responsibility exercise to build on the good work done in the development in OECD of guidelines for behaviour by multinational investors in host countries. I also hope that, not least in the World Summit on Sustainable Development, we can create developing country willingness to use the same sort of tools. Why this view from Europe as a major outward investor? Is this a slip into inadvertent anti-capitalism? On the contrary. I am very conscious that the behaviour of investors is both generally scrupulous: but their behaviour is also generally mistrusted, not least by negotiators engaged in the investment rule-making debate in WTO or elsewhere. I believe that Corporate Social Responsibility tools can contribute to the additional confidence-building we need in order to provide a basis for effective rule-making in WTO by the end of the Doha process. I do not believe that hard law can effectively create world-wide obligations on private sector actors. Nor should we even dream of trying that recipe. But I do believe that more widespread recourse by host governments, as well as by rich country home-states, to the sort of benchmarks set on a voluntary basis in the OECD guidelines could do much to clarify this debate. I look forward to the result of those discussions. Finally, this seminar is asked to focus on international institutional reform. Here in Europe, a Convention is currently considering how to reform our own institutions to make them work effectively in a Europe 4 times bigger than the original planned by the Founding Fathers. There is less enthusiasm for this debate at global level. My hope is that after Johannesburg, and after our Convention has put the European house in order, we will be able to make some progress nonetheless. But while waiting for a comprehensive reform of multilateral institutions, co-operation between them and openness in their workings are already objectives worth pushing for. My prejudice here is that we are all far too timid. I regret the mutual suspicions that have hampered any real increase in transparency in the WTO, I hope that discussion in this group can bring some fresh thinking to bear on that problem, for the WTO and for all the other institutions worldwide. This is a focussed and business-like seminar, and I do not want to give a lengthy key note speech. You all are present because you know that these apparently narrow and complex questions have implications for bigger and broader challenges. There are no easy answers: even a perfect outcome to the Doha Round will not in itself alleviate poverty, improve governance world-wide, or magically ensure sustainable development. But I guess we are here together because we all believe that we can take individual parts of the puzzle and begin to make a practical difference piece by piece. I look forward to hearing tomorrow afternoon which pieces you want us to start with, and how we can all act together. 4