Manual Index | return to Instructional Modules | return to Instructional Modules #8 |


       

Analyzing and Managing Trade Related Policy Issues in Commercial Diplomacy

 

by
Geza Feketekuty




(Please note outline complete, body of manual under construction) 

Preface

Chapter 1. Introduction

  • What is Commercial Diplomacy?
  • What are trade-related policy issues?
  • What is the purpose of this manual?
  • Who can use this manual?
      

Chapter 2. Defining the Issue

  • How trade problems come to the attention of commercial diplomats, either directly or through superiors
  • Private sector petitioners
  • Foreign Government Representatives
  • What is the trade problem?
  • Private sector petitioners
  • policy measures are at issue?
  • How do these policy measures affect trade?
  • How important is the trade problem?
  
Chapter 3. Establishing the grounds for policy action
  • Is this a legitimate problem for government intervention?
    • What is the rationale for government action?
    • Is the problem due to a government action?
    • Is the problem created by a failure of the government to implement a domestic law or regulation?
    • Is the problem created by a failure of the government to carry out a normal governmental function?
    • Is this a request for a change in domestic laws or regulations?
    • Is this a request for official consultations and negotiations with another government concerning its actions or inactions?
  • Is this a legitimate problem for trade policy action?
    • What is the rationale for action by trade officials?
    • Does the problem relate to trade or investment?
    • Is the desired action a trade measure?
    • Is this a request to invoke an action under domestic trade laws and/or international trade rules?
    • Is this a request for official consultations or negotiations with another government on measures that affect trade or distort international competition?
  • Is there sufficient ground for considering a trade policy action?
    • Do the facts presented to invoke an action meet a minimum threshold of credibility to warrant further analysis?
    • Has the petitioner made a sufficient effort to solve the problem to warrant involvement by the government?
    • Does the problem appear to be of sufficient magnitude to warrant action by trade officials?
    • Are there feasible solutions to the problem?

  
Chapter 4. Analyzing the Issues

  • Analyzing the actions or measures that give rise to the trade problem
  • Analyzing the policy objectives served by the actions or measures that give rise to the trade problems
  • Analyzing the policies that might be affected by any corrective actions
  • Analyzing the commercial and policy interests of stakeholders affected by the trade problem or by any of the corrective actions
  • Analyzing the issue from a broad national interest perspective
Chapter 5. Analyzing the Commercial Interests How does the problem affect the commercial interests of the petitioning industry or firm?
  •  Financial performance, including

  • Employment,

  • Growth prospects,

  • Market Shares

  • Wages,

  • Employment,

  • Growth prospects,

  • Market Shares

  • Corporate Strategy, including

    • Distribution and Marketing

    • Technology

  • How does the problem affect the commercial interests of other affected firms and industries?

 

Chapter 6. Analyzing the National Economic Impact
  • How does the problem affect the economy as a whole, including
  • Prices,
  • Trade,
  • Production,
  • Productivity,
  • Wage Income,
  • Consumer Welfare

Chapter 7. Analyzing the Policy Issues

  • What policy areas would be affected by any actions to solve the trade problem?
  • What specific policy objectives would be impacted?
    • Identification of the policy objectives served by the measure at issue
      • Why is it important to identify the policy objective of a measure?
      • How do policy objectives relate to trade rules
      • How can we identify the policy objectives served by a policy measure?
  • Identification of objective performance measures
    • What are objective performance measures?
    • Why are objective performance measures important?
  • Assessing the relationship between the policy measure and policy goals
  • What alternative policy measures are available to achieve the desired policy objectives? 
  • What combination of measures would 
    • solve the trade problem and
    • preserve other legitimate policy objectives?

 

Chapter 8. Analyzing the Politics
  • What stakeholders are affected by the trade problem or any effort to solve the trade problem?
  • What are their
    • interests,
    • position on the problem or possible solutions
    • options
    • political influence
  • In what way are the stakeholders likely to bring their political influence to bear?

Chapter 9. Analyzing the Legal Dimension

  • How does the trade problem relate to applicable domestic laws?
  • Is the trade problem created by a failure to implement domestic laws?
    • Is the problem created by an interpretation/implementation of a domestic law subject to alternative interpretations/implementation?
    • Is the problem created by an arbitrary decision by an official, or by a decision that could be altered in a manner consistent with domestic law?
  • How does the trade problem relate to applicable international trade agreements?
    • Is the problem created by a domestic law, regulation, or policy action that is inconsistent with international trade rules?
  • Is the problem created by a lack of clarity in an international trade provision, or by a failure of an international trade agreement to deal with a government practice that distorts trade?
  • What domestic laws and international trade agreements can be invoked to solve the trade problem?
  • How do domestic laws and international trade rules constrain possible actions to solve the trade problem?
Analyzing Institutional Considerations
  • What domestic and international institutions and processes are available for addressing the trade problem?
  • What institutional issues arise in trying to solve the problem?
  • Are there any institutional bottlenecks that need to be addressed?

 

Chapter 11. Analyzing Public Opinion
  • Does public opinion play a role in the problem or any attempts to solve the problem?  
  • Has either the popular media or the specialized media covered the problem?
  •  Is the press likely to cover efforts to address the problem?
  •  What public information initiatives are available to shape public opinion?

 

Chapter 12. Developing a Research Strategy
  • What information will I need to analyze all the issues I have mapped out both at home and abroad?
  • What sources of information are available?
  • What professional skills/expertise will I need to analyze all the issues?
  • What professional experts can I consult to fill gaps in my own knowledge and skills?

 

Chapter 13. Preparing a Solution
  • What alternative combinations of measures are available to solve the trade problem, while preserving legitimate objectives in other policy areas?
  • What policies, laws, rules, or institutional arrangements do we accept as given, and which should we consider challenging?
  • Assessing Policy Trade-Offs
Chapter 14. Developing a Domestic and International Strategy
  • Balancing Commercial Interests at home & abroad
  • Addressing the Policy Issues at home & abroad
  • Building Political Coalitions at home & abroad
  • Preparing the Domestic, Foreign and International Legal Arguments
  • Solving Institutional Problems at home & abroad
  • Developing the Domestic Economic Case
  • Seeking Public Support at home & abroad
Chapter 15. Preparing the Decision Memo
  • What factual background does the decision maker need to make an informed decision?
  • What analysis can I add to support the recommended course of action?
  • What are the elements of my recommended course of action? How will that solve the trade problem and satisfy other policy requirements?
  • What is my strategy for developing the necessary consensus among domestic and foreign stakeholders? For making the legal case? For managing institutional issues? For building broader public support?
Chapter 16. Preparing Negotiations
  • Consulting foreign stakeholders & foreign negotiators.
  • Defining the issues that need to be addressed in the negotiations.
  • Establishing the negotiating agenda.
  • Developing the negotiating mandate.
  • Setting the date and venue for the negotiations.
top
return to Instructional Modules