Towards a more Functional Federalism under Market Economy Paper for the 21st Thinkers and Writers Forum, to be held under the auspices of Skoch Development Foundation on 21st September 2014, New Delhi Dr. Prakash Chandra Jha Assistant Professor (Political Science), Amity Law School Amity University Rajasthan, Jaipur Mobile No: +919783747305 E-mail: prakashjnu@gmail.com pcjha@jpr.amity.edu 1 Towards a more Functional Federalism under Market Economy No one can appreciate the advantages of a federal system more than I. I hold it to be one of the most powerful combinations favoring human prosperity and freedom. I envy the lot of the nations that have been allowed to adopt it (Tocqueville). Abstract The paper examines India’s march from so called quasi-federal or centralised non-functional federal system to more vibrant and functional federalism today. Needless to say centre-state relations in India during command economy worked, by and large, as principal-agent model where states were often treated as subordinates by centre. Adoption of market economy heralded a new era in which states came to occupy a strategic position in India’s market-led economy. Centre has even gone to the extent of encouraging states to negotiate loans/FDIs with overseas banks/institutions directly. With central grants-in-aid no longer being seen as the only source for financing their expenditure, states began competing with each other for FDIs. And with centre not being seen as an obstacle but as facilitator, competition among states to attract FDIs became symmetrical. States’ capacity to attract more investment depend on forward looking and market friendly approach of their leaders who make several trip abroad often along with their state-based business delegations to negotiate FDIs. Sub-national governments across the border have begun establishing trade offices in India’s developed states. Visit of states/provinces delegation led by their governors/premiers to states’ capital in India are becoming a regular affair. State leaders, cutting across party lines, have increasingly realised that divisive politics cannot ensure them re-election; hence they focussed on developmental politics and governance. Informal interstate interactions have increased and successful schemes/programmes started by one state began to be emulated by others states thus making Indian federal system sort of laboratory to some extent. Even India’s so called Bimaru states and marginalized north-eastern 2 region are undertaking reforms in order to catch up with other states. Thus, India appears to be moving towards a truly functional federal system. Centre-State Relations under Command Economy It is goes without saying that India’s command economy i.e. in fact, mixed economy with outward-looking approach, centrally-planned interventionist policy and import substitution economic model led to widespread corruption and inefficiency in the government. It has also affected centre-state relations with the principles of federalism often being often held hostage by centre. According to Nayar : In the light of the nationalist perception of the colonial legacy having been one of capitalist exploitation and neglect of industrialization, India’s post-independence leadership had turned to an ambitious program of rapid import substitution industrialization (ISI) through the mechanism of the public sector within a socialist framework. Apart from the straightforward quantitative restrictions on imports in order to promote import substitution and protect local industry, the ISI program entailed high customs tariffs as a matter of course. The program, however, additionally required huge financial resources for investment in the rapidly expanding public sector. These were obtained through deficit financing—which imposed an arduous burden on the poor through its impact on prices—but also through almost confiscatory direct taxation and heavy doses of indirect taxation. The quest for increased resources and the socialist aspirations, or the claim to such aspirations, for equity and progressiveness often trumped considerations of rationality in taxation (Nayar: 2014, 203). During pre-liberalisation era, industrial development in the states was determined by central government often in partisan manner. Sarkaria Commission, that was constituted to examine the centre-state relations in 1980s, observed that this was major complaint of states. Karnataka, a state not governed by Congress Party when Commission was making its inquiries, cited instances of industries not being located in Karnataka for political considerations. The location of publicsector unit was not only influenced by political considerations, but Karnataka government also noted that private sector corporations, such as Glaxo, the Tata Electric Locomotive Company, and Tractors India wanted to set up industries in Karnataka and were asked by the centre (led by the Congress Party) to locate plans elsewhere. Kerala government argued that no objective criteria had been 3 followed in deciding where investment by centre in public sector would occur (Chhibber and Kollman: 2004, 139-140). Sinha has noted that in the primary mode of regional competition in pre-liberalisation era was vertical through the centre. In order to get things done through centre, until recent past, states followed mainly two routes: some states followed through bureaucratic channels, while others deploy partisan and political routes, shaped by coalition patterns. Gujarat, for example has followed a more bureaucratic route that relies on intrabureaucracy lobbying and monitoring, while Tamil Nadu, West Bengal, and Andhra Pradesh pursue a partisan route that attempts to deploy their political and party influence at the centre for greater economic rewards (Sinha, 2010). The command economy coupled with political centralisation embodied in so called ‘one party dominant system’ during congress era under a constitution weighted in favour of centre contributed massively towards centralisation and states were virtually treated as sub-ordinate units.1 Federal principles were often put aside. Central government also created some institutions and schemes, and took some policy measures to influence states’ policy. Institution like Planning Commission (PC) became extra-constitutional body for getting states to adopt the strategy of planning to ensure rapid development. PC had weakened constitutional body like the Finance Commission (FC) responsible for allocating and determining revenue transfers to states. In 1970, the central government implemented the License-Permit Raj, a policy whereby license would be required from government to set up industry. The central government also nationalised most private banks in March 1970 and general insurance industry in 1972. Central government regulated the development of private industries through licenses and control. Besides, through central planning, control over industrial policy and financial institutions and all India civil services, states’ position was further weakened. Centre-state relations in India during command economy worked, by and large, as principal-agent model in which states were often treated as subordinates by centre. Command Economy also witnessed the phenomenal Maurice Duverger, in his classic typology of party system, has classified India as being ‘one party dominant system’. See Duverger, (1951: 308). 1 4 growth of Centrally-sponsored schemes (CSSs) for the states designed to serve national priorities (Singh and Verney, 2003: 1-4; Rao and Sen 1996: 35-37). Khemani (2007) in her study shows how the central government allocated financial transfers to the state governments purely based on political considerations, leading to equity and efficiency distortions. By taking recourse to concurrent list in the constitution, which includes economic and social policies, central government made inroad in states’ subjects such as rural development, health, agriculture and family welfare. What was worse perhaps was in important decision affecting states in above mentioned areas, they were hardly consulted. Appointment of governors by the central government without consultation with states, allocation of resources from centre to states in partisan manner and imposition of president rule in state remained the main irritants of centre-state relations in India till recent past. One of the foremost scholars on federalism, K C Wheare called India as quasi-federal. khan (1997) has characterised India as ‘centralised, dysfunctional, anachronistic union-system’. However, it can be argued that “Indira Gandhi was the only leader who sought to challenge the overall principles of federal functioning” given her conviction in “conceptually flawed binary that a strong centre requires weak states and vice versa” (Varshney, 2013, p. 45). Centre-State Relations under Market Economy Dissatisfaction of states, change in party system, regionalisation of politics, liberalisation of Indian economy, role of judiciary among others are the important factors responsible for the shift in centre-state relations in India. Judiciary in India has also played some important role in curtailing power of the central government. According to Arora judicial acceptance of federalism as basic structure of the constitution in 1994 has had significant implication on centrestate relations n India. Arora has argued: The doctrine of ‘Basic Structure’, enunciated in Keshavananda Bharti (1973), was further developed in subsequent judgements to even cover federalism, albeit to a limited extent. Thus, the judiciary moved from conditional acceptance of the federal nature of the Constitution to 5 considering it an ‘essential feature’ (Bommai, 1994), and simultaneously increased the scope of judicial review”). “The 1990s could well be characterized as a defining decade for India’s federal polity. Economic reform through liberalisation and redefinition of the relationship between the state and markets, in turn, impacted the roles and responsibilities of different levels of government” (Arora, 2014: 52-53). Introduction of New Economic Policy (NEP) in 1991 has, indeed, led to a paradigm shift in centre-state relations. Increasing reliance on markets has proved to be an enabling factor for the emergence of a market economy driven by the states and not by the centre. With the abolition of License-Permit Raj, centre could no longer take decision over business location. Now both Indian and foreign capitals got the freedom to seek locations which offer the best returns. Moreover, the curtailment of centre’s discretionary power over industrial licensing has led state governments to directly negotiate with entrepreneurs. This has led to an intense competition among state governments to attract investment. Thus Post 1991, the dominance of the centre in economic policy decision making has witnessed significant deterioration paving way for the state governments to design their own policies (Ahluwalia 2000). As states intensified their quest to attract more and more private and foreign investments to finance their investment requirements, there was decline in public investment and a rapid increase in private investment. And consequently, the centre’s financial control over the states declined steadily. In Market economy, economics prevailed over partisan politics. Economic factors largely determined the number and magnitude of investment inflows into the states. In the process, states which possessed locational advantages such as larger markets, better infrastructure, a more skilled labour force, and the presence of a large investor base in comparison to less well-endowed states, began to benefit (Ahluwalia 2000). States’ pursuit of FDI led to inter-jurisdictional tax war and competition for the purpose of attracting investment both foreign as well as domestic. Further, liberalisation of economy has reduced the role of Planning Commission (PC). Finance Commission (FC), which had lost some of its power of revenue allocation at the hands of PC, has regained its strength. Today it is responsible 6 for about 70 per cent of total inter-governmental transfers made to states. PC given its role as centralising force and not considered as useful for market economy is being replaced by new institution with states having important say in it. In Political sphere, major development in the 1990s is that states governed by constituents of the ruling coalition at the centre, have come to wield considerable power in the central government. As states came to occupy strategic position in national politics, state-based leaders of governing coalition would often prefer to be the Chief Minister rather than Union Minister. Saez argues that India’s gradual economic liberalisation policies led consensus building cutting across party line around some key policy proposals. He writes: “Instead of harnessing the credibility of reforms, gradualism appears to have cemented a broad multpartisan political consensus in favour of measured economic liberalisation” (Saez, 2002: 139). Environmental and Resource Federalism Kelkar (2010) has discussed a host of new emerging issues and challenges in the realm of fiscal federalism. Given the spurt in discovery of offshore reserves of hydrocarbons and given the huge rents from such vast resources, which so far remain the preserve of centre, now need to be shared. How to share these rents have become major issue of fiscal federalism today. Constitutional amendment is required to achieve this. Apart from the resource federalism, green federalism is another big challenge for our fiscal federalism. Our existing intergovernmental transfer system does not adequately recognize the environmental externalities. For example, states with large forests are seeking compensation for environmental services they provide to the entire federation. Kelkar further argues that states with large hydal power potential are claiming compensation from providing clean power for federation. Similar issues have also come up regarding water transfers between two different states sharing same river basin. 7 Subnational Borrowing Centre has facilitated states’ direct lending negotiations with the overseas bank. The World Bank is directly dealing with Indian states, which is a major departure from the established norm (Sridharan, 2003; Kirk, 2011). One important requirement to preserve market incentives requires that borrowing by all levels of governments be limited and that a hard budget constraint be imposed on subnational governments. India has enacted Fiscal Responsibility and Management Budget (FRMB) act in 2003 at the central level and states were given incentives to enact similar legislations voluntarily. Since, market economy requires tighter hard-budget constraints at centre; they in turn affected central level plan expenditures to the states. Now states would either borrow from the market or seek FDIs. Influx of FDIs in 1990s arguably has gradually diminished the importance of the central government as a principal source of revenue for rich states. The absence of large scale capital projects in successive central budget suggest that either the private sector or states should build the infrastructure. This has in effect led to competitive federalism where states compete with each other in providing the potential investors with numerous incentives such as Special Economic Zone (SEZ), some guaranteed return on investment, and reimbursement of Value Added Tax (VAT) etc. Given the withdrawal of central government in starting large scale capital projects in turn put more pressure on less developed states, and all states for that matter, to increase their competitiveness in order to gain investment. FDIs and States’ Paradiplomacy With the states’ engagement in paradiplomacy, Foreign Economic Policy no longer remained central preserve. The economic globalisation and regionalisation have made it possible for states of India to interact with their respective investors in foreign countries in de facto sense if not in de jure sense (Jha, 2004, 159). States’ high profile investment-promotion activities abroad are testimony to the fact. Such activities have indeed helped some states in their economic development and reduced their economic dependency on centre. 8 Regionalisation of political parties and coalition rule at centre do not adequately explain the subnational paradiplomacy. Earlier in pre-liberalisation period existed two routes, i.e., partisan route and bureaucratic routes to engage in paradiplomatic activities. With centre donning the role of facilitator of states’ transnational economic activities, these channels are becoming ineffective now. This has led to symmetrical horizontal competition among states to pursue paradiplomatic initiatives to attract FDI. In this states’ capacity to engage in economic paradiplomacy depends more on subnational-business linkage, promotional strategies, public relations exercises, creating pro-business environment etc. States so far have adopted a host of instruments which fall under paradiplomacy. They include putting pressure on central government to sign or not to sign or to have a say in an international treaty affecting their region/interest, trade negotiation with external bodies, negotiating loan directly with World Bank, showcasing states’ achievement abroad, providing incentives to attract foreign investments, participating in international forum such as World Economic Forum, visiting abroad for trade prospects, hosting foreign diplomats, foreign ministers and even heads of states and organising annual meet, conference and seminar and wooing NRIs using their diasporas, setting up sister cities and twin cities, border haats, among others. States’ paradiplomacy in this regard can play a significant role in tourism which is one of the biggest industries in the world with the capacity to employ 200 million people worldwide. Projection of tourist inflow around the world will be in the range of 1.6 billion spending US$ 5 billion a day by 2020. It goes without saying that India has immense tourism potential that has not been exploited so far. FDI laggard state such as Bihar and north-eastern region are engaged paradiplomatic pursuit to attract FDI and to realise their tourism potential (Jha, 2014). Public relation exercises have become important driving force for attracting foreign FDIs.2 Media has become an important tool to 2 An NRI, Mahendra Khari, the president of the International Punjabi Chamber for Service Industry (IPCSI), pointed that unlike other states like Gujarat, the Punjab government was not efficient in propagating polices or taking initiatives to attract foreign investment. “In Punjab, they (Punjab government) 9 showcase the achievements of states. Chief Ministers, consciously seek out the media to advertise their industrial policies and achievements, and explicitly compare themselves with their competitor states. There is much greater emphasis on conferences, meetings, exhibitions, road shows, and press conferences. States make presentations at conferences, utilizing the latest technology, video-conferencing, and computers. The promotional literature handed out by states is usually crafted by private advertisement agencies tasked with selling the state. The struggle over perception and image building has become intense. After the Enron controversy, Maharashtra spent a considerable amount of money on a public relations exercise in partnership with the Indian Engineering Trade Fair in New Delhi in a bid to promote itself as a good investment destination (Sinha, 2005). Recently Haryana appears to be doing the same after Maruti-Suzuki controversy. Subnational paradiplomacy can also be used by the centre as soft diplomacy that can complement the national foreign policy. Increasingly, there is realization among the foreign investors that the states in India have become independent players in making foreign economic policies suited to their own needs, and that the old method of approaching the central government to pursue trade relations at the state level cannot be useful. Not surprisingly therefore, various state capitals have/are witnessed/witnessing opening of number of foreign trade offices. There is an interesting anecdote about it in a newspaper. Taiwan has a trade office in New Delhi rather than a fullfledged embassy. Some year ago it has sought permission from Ministry of External Affairs (MEA) to open a subsidiary office or consulate in Chennai since Taiwanese companies have substantial investments in Tamil Nadu. Worried about the reaction of Beijing, MEA dithered. Finally Taiwanese asked the then DMK government in Chennai to use its political clout with UPA (The Asian Age, 30 July 2012). do not have much public relations exercise like Gujarat... I have not seen much support from state functionaries like NRI help centres, professional support, etc. It (support) is at a personal level (rather) than any other level,” rued Khari, who is based in the UK , see Business Standard, 8 November 2012. 10 Sub-national paradiplomacy can take place both vertically and horizontally. Indian states are new to this (horizontal) inter-subnational cross-border trade. Visit of states/provinces delegation led by their governors/premiers to states’ capitals in India are becoming a regular affair in recent time. States in India are, however, not allowed to open trade office abroad. A number of countries in the world including USA, Brazil, Australia, China and Japan have taken full advantage of states’ paradiplomacy in their efforts to strengthen ties with other countries. The decision of Gujarat government recently to set up international desks independently in foreign countries like the US, China and Japan for facilitating investment in the state by overseas investors, is perhaps first attempt by any state to start such permanent facilities overseas to directly attract Foreign Direct Investment (FDI). Gujarat government officials used to travel to various foreign countries ahead of Vibrant Gujarat Global Investors Summits, but with the setting up of international desks in those countries, the process of attracting FDIs in the state will now continue throughout the year, an official said (Business Standard, 6 July 2014). Nevertheless, Paradiplomacy presents challenges too. It is often argued that states lack the skills to exercise responsible foreign policy especially in political sphere given the fact that states do not have trained diplomats. Then there are other concerns in form of most of India’s neighbours being hostile neighbour. Thus states’ transnational paradiplomacy is likely to pose threat to the country’s sovereignty and integrity from forces of terrorism, insurgency and separatism often supported by some of India’s hostile neighbours. Thus how to reconcile the demands of a globalising economy that relies on greater opening with security concerns remains a major challenge?(Jha, 2014). Developmental Politics Developmental politics is based on conviction of political leaders that developmental works provide much more prospect for their re-election. Following regionalization of politics, State level politics came to be dominated by state specific issues rather than national issues. This, in effect, has made the 11 economic development of the respective states the focal point of a potential electorate (Ahluwalia 2000). The post 1991 period also coincides with a dramatic surge in political participation of lower caste communities who remain economically backward with the highest rate of unemployment, putting pressure on state governments to provide employment opportunities. Thus, state governments are forced to compete against each other in attracting investment which would not only generate jobs and boost their economies, but also increase their chances of re-election (Vadlamannati, 2011). Thus political leaders’ shift in their approach from divisive politics to developmental politics and governance is quite palpable. As Bhagwati (1999) has argued that as large sections of the middle class stand to gain, the median voter too will prefer those governments or incumbents which support capital importation. Laboratory Federalism It has long been argued that federalism creates a marketplace for public policy, in which the best policies are replicated across units (Oates, 1999, pp. 1132). Planning Commission, License Permit Raj, Centrally-Sponsored Schemes (CSEs) also known as discretionary transfers, among others have been great obstacles in laboratory federalism in India. Despite the recognition of the failure of existing programmes on part of centre, half-hearted attempt was made to curtail them. Unless state should not be given more flexibility in designing their programmes they cannot serve as "laboratories". There are, in fact, a number of important and intriguing examples of policies whose advent was at the state level and that later became fixtures of central policy. Successful policies such as midday meals in Tamil Nadu, rural employment guarantees in Maharashtra, the right-to-information acts in Delhi and elsewhere were all successful state experiments which later received nationwide acceptance. We have Chhattisgarh linking smart cards to the Public Distribution System, Andhra Pradesh evaluating the impact of contract teachers on primary education, Gujarat reforming electricity by linking higher user fees to guaranteed service provision, water conservation programme semi-arid Saurashtra, Gujarat SWAGAT programme for 12 effective redressal of people's grievances, Indrama Housing schemes in Andhrapradesh, Arogyashree: helath Ensurance Scheme, anti-poverty programme, Kudumbashree in Kerala, Gujarat’s decision to set up international desk in foreign countries to seek FDIs etc. During their interaction at world Economic Forum India Conference in Mumbai in November 2011, Chief Ministers of Maharashtra, Kerala and Madhya Pradesh also backed the idea of institutionalizing an innovation centre to help states share best practices. Common Market One of the major advantages of federalism is that ‘it offers to the constituents to operate in a large market’. The economic benefits from the competition and a free flow of goods and factors of production over a large area are so tempting that many countries, in spite of their reluctant to surrender their sovereignty, have come forward to create a common market for them, the European Union (EU) being the classic case in point (Bagchi, 2004). Panchhi Commission on centrestates relations has recommended for the creation of Common market (government of India 2010, 98). Our founding fathers of the Constitution have recognised the great potential of a large common market and hence devoted one full part of the Constitution (Part XIII) to trade and commerce within the country with a clear mandate in its opening Article (Article 301): “....trade, commerce and intercourse throughout the territory of India shall be free”. Bagchi (2004) has argued: “Distrustful of the market, policy makers who guided the destiny of India after independence proceeded to impose restrictions on trade and commerce in the ‘country through regulations in various form, invoking ‘public Interest’.” Centre and states have reached a great deal of understanding over the introduction of proposed Good and Service Tax (GST) aimed at removing restrictions on trade and commerce across India. Kapur (2014) has stated that impact of GST can be social and political also. He argues: “Importantly over the long time its most beneficial impact will be to leverage the large common market that is India. The fragmented market leads to fragmented identities. Therefore the impact of GST 13 can be as much social and political as economic” (Kapur, 2014). He further argued: …though the Indian Constitution guarantees free mobility across state borders, numerous Indian states have put in residential and language requirements in matters of employment and admission to educational institutions. The man who will be chief minister of India's youngest state, Telangana, openly declares that residents of Seemandhra will not be eligible for jobs in his state…. Inter-state migration should be seen as a tool of national integration and not something to be bemoaned, and migrants' safety and rights need much stronger safeguards. Value- added Tax (VAT) that finally came into effect in the states on April 1, 2005 can be considered as a major milestone in centre-state relations and towards a gradual move to forge a common market. Some states had initially held back but soon all joined in once the advantages of the new system became evident. Strong-Centre v. Strong-States Framework Most of the works on federalism focussed on impact of regionalism on federalism, implication of centralised party system on federalism; centre gaining at the cost of states; other studies focuses on empowerment of states due to regionalism and weakening of centre. Scholars have examined federalism from constitutional, political, social, economic, and multi-cultural perspectives in which strong centre v. Weak state or weak centre v. strong states framework remained their central concerns. Under market economy, however, focus has shifted to rather functional federalism where centre has facilitator of states’ economic engagement in overseas markets. There are concerns that in market economy centre will be become weak with strengthening states. Experience however shows that for a federation to deliver on its promise of providing a large internal market depends critically on the authority and effectiveness of national government to police the common market and ensure an unhindered mobility of goods and factors across subnational jurisdictions (Bagchi, 2004). The notion that Strong states and strong centre both can coexist has become popular. Constitutionally speaking, centre remains strong and state weak. Assumption that strong states mean weak India has been proved wrong as Indian federalism has become more functional under market economy. Parekh has stated: 14 Since we are long been accustomed to thinking of national unity in terms of centralisation, the weakening of the centre and emergence of polycentric India fills many with unease. Some fear that it reduces the country to a sum of its fractious parts, each pursuing its narrow interests in disregards of those of others and the whole. Others even think that such a weak India lacking a sense of collective purpose could once again become a prey to foreign powers be they states or more likely multinationals and lose its independence for all practical purpose” (Parekh, 2014, p.xi). There has been a great deal of understanding among Central leadership that more powerful the states became, the lesser would be the governance problems for the nation as a whole. As Varshney argued: “This binary—that a strong centre requires weak states and vice versa—is conceptually flawed” (Varshney 2013: 45). At the same time, while India’s states are becoming more influential and active, Delhi has held on to its power. What has emerged through this process is a shared sovereignty between the Centre and the states. Market economy, thus, requires both strong centre as well as strong state. Given the emerging challenges associated with resource federalism environmental federalism and fiscal federalism discussed elsewhere in the paper, new independent body more responsive to the need of states is required. Existing intergovernmental institutions, introduced to serve the so called mixed economy, have outlived. Market economy needs different institution wellequipped to face new developmental challenges in the realm of centre-states relations in India. Thus, Saez (2002,129) has rightly argued that Planning Commission, National Development Council, Interstate Council etc. proved to be inadequate intergovernmental institutions and they should either replaced or revamped. Conclusions Federalism has come a long way in the last six decades from being dismissed as full-fledged federal system to widely acclaimed federal system in the world. Simply put, Indian federalism has become more meaningful and functional post liberalisation. The paper has examined this turnaround. From a subordinate 15 position till early nineties, states rose to occupy strategic position in India’s move from command economy to market economy. No wonder therefore, centre became more interested in involving states in even forbidden area such as foreign policy matters. Centre is today encouraging states to directly negotiate with investors abroad. States today are more concerned about the fiscal prudency because of the realization that market would penalize them if they remained defaulter. States’ capacity to become developed or undertake developmental works do not depends upon their relations with central government but on development of infrastructure, pro-business environment, forward-looking approach of their leadership as they can directly approach the market for FDI or borrowing. Thus horizontal competitive federalism in India has become symmetrical so to speak. There is increasing realisation at central leadership that trade and investment promotion activities of states and transnational economic engagement of state-owned/state-based companies notwithstanding their own economic interest would deepen India’s relations with foreign nations. Divisive politics in states are being replaced by developmental politics. States are learning from each other’s often cutting across party line. A successful programme initiated by a state attracts the attention of other states. Market economy has also opened several avenues for states and reduced their fiscal dependency on centre. States are being seen driver of India’s growth. New challenges emanating from fiscal, environmental federalism and resource federalism call for new intergovernmental institutions. A great deal of understanding appears to have developed between centre and states over the introduction of GST and creation of a common market. 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