There is considerable cynicism whether the current Doha round of WTO negotiations will deliver any significant world-wide liberalisation to the international trade in goods. Similarly, there are doubts as to whether the current round of offers under the General Agreement on Trade in Services will be adequate to improve market access for services around the world.
Accordingly, nations have been looking to other means to liberalise trade in their goods and services by selected negotiations with other nations.
The reaction has been an explosion in bilateral or regional free trade agreements ("FTAs"). Australia has recently completed FTA's with Singapore, Thailand and the US and is negotiating for FTA's with China, the United Arab Emirates and the ASEAN nations. New Zealand has recently completed a "Trans Pacific Strategic Economic Partnership with Chile, Singapore and Brunei. Singapore and South Korea have recently entered into a free trade agreement.
Most notably, the Central American FTA between the US, Central America and the Dominican Republic has now fought its way through the US Congress.
Clearly, these various FTA provide opportunities to lawyers at all stages of their progress including lobbying for inclusion of particular benefits in the FTA, advising on the terms of the final FTA and assistance with implementation of the benefits.
However, these FTA provide a unique opportunity for Interlawyers working together in all countries affected by any FTA. One of the practical issues which limits the willingness of clients to realise the full benefits of an FTA is the uncertainty as to entry requirements into the other contracting country, the nature of their market or economic conditions and those local regulations which still remain in place and which will have an impact on their operations. The nature of the relationship of Interlawyers is such that a client of an Interlaw member in one country to an FTA is treated as a valued client of the other Interlaw member in the other country (or countries) to that FTA. For example, a number of my clients have been interested to secure benefits under the Australia FTA with Thailand. I have been able to assure them that their interests will be well represented in Thailand through Andy Richter and Michael Shain. Similarly, many of the US Interlaw firms have provided details of how our Australian clients may provide goods and services to US Governments under our FTA with the US. From the perspective of the client, it helps manage some of the risks associated with entering into or developing new markets in countries with which they are contracting.
To this end, one of the aims of the Interlaw Customs, Trade and Transport Special Business Group is to use our relationships to proactively build business. The promotional material for this Interlaw Special Business Group identifies one of its benefits as the ability to provide advice in all countries subject to an FTA.
I would encourage Interlawyers to remain aware of free trade developments in their own countries and in their regions and work together with their corresponding Interlaw contacts in the other affected countries to market themselves as being uniquely able to provide seamless professional services.