Professional Documents
Culture Documents
115..130
Fanie Herman
National Chunghsin University
After the establishment of SinoSouth African trade relations in 1998, China gained access
to the South African clothing, footwear, and textile markets. By 2002, however, the
domestic constituency in South Africa had started to accuse China of ooding the markets
with inexpensive textile goods and engaging in unfair trade practices. As a result, a call
was made for the implementation of quotas on Chinese textile products. A two-level game
commenced, with the domestic constituencies on the one side and the governments of
both countries on the other side. The factors that contributed to double-edged diplomacy,
the process of both domestic and international negotiations, and the outcomes are discussed in this article. It is further important to comment on the strategic and policy
implications for both countries, as well as the inuence of the textile issue on the immediate region.
Key words: China, South Africa, textiles, trade negotiations, two-level game
116
South Africa established formal diplomatic relations with the Peoples Republic of China on January 1, 1998. The joint communiqu signed between Chinese
Vice Premier and Foreign Minister Qian Qichen and South African Minister of
Foreign Affairs Alfred Nzo on December 30, 1997, signaled the beginning of a
new era in the relations between the two countries (Song, 2007). Important
outcomes of the agreement were the strengthening and maintenance of economic
relations and the opening of two-way trade talks and investments. SinoSouth
African trade relations were quickly built on the foundations of opportunism and
in the spirit of free enterprise. Chinas admittance to the World Trade Organization (WTO) on December 11, 2001, allowed her to enter the African business
environment in a structured and regulated manner. The clothing, footwear, and
textile markets (hereafter referred to as the textile industry) were especially
promising business ventures, mainly due to their noncompetitive nature and
huge potential for capturing a market segment. China was aware that regulatory
mechanisms in the form of quotas were insufcient to control the inux of
textiles. Within a year or two, huge quantities of Chinese textiles had slowly
made their way to South African consumer markets. This, in turn, led the textile
industry and labor unions in South Africa to accuse China of dumping, causing
unemployment and the closure of factories. According to the statistics from the
General Administration of Customs of China, its trade surplus against South
Africa mounted to US$1.68 billion from 2001 to 2006. But South African statistics
showed its trade decit with China to be US$4.78 billion, making China South
Africas largest source of decit (Song, 2007). The textile industryas both a
major provider of jobs in the manufacturing sector and a signicant export
contributorwas hit hard by the unfair trade balance. Thus, the two issues of the
textile dispute and unfair trade balance were clearly linked.
In the beginning, the South African government was unwilling to get involved
in the dispute because it did not want to jeopardize its trade relationship with
China. However, under immense pressure from the domestic constituency, the
government nally agreed to negotiate a textile deal.
It is important to understand what motivated China to ood the South
African market with textile products. The most plausible reason is that the
Chinese traders did not feel threatened by a reaction from the domestic constituency. The South African government assigned the most-favored nation
status to China, for which reason the trade issues were placed above the
national security issues. The South African government also presented freemarket status to China, whereby the prices of goods and services are determined in a free-price system set by supply and demand (Fabricius, 2004).
Another reason for Chinas action was the fact that due to low-production
output of the local market as well as its noncompliance with market trends,
South Africa needed to import more textiles. China could also set up textile
factories at a 66% minimal cost and employ hundreds of workers to curb the
growing unemployment rate (Fabricius, 2004).
Advocates for the textile industry stated that dumping increased after President Thabo Mbeki was elected for his second term in 2004. Mbekis liberal
economic policy presented the Chinese traders with the opportunity to ood the
market without any real fear of reprisal by the South African textile industry. This
quickly culminated into a tricky matter for the local textile industry. One factor
Textile Disputes and Two-Level Games: The Case of China and South Africa
117
that weighed heavily against them was the job losses caused by unregulated
dumping. The failure of the South African government to protect the local industry through quotas and tariff control further contributed to growing dissent
among the domestic constituency.
The two-level game was particularly strong between the trade unions representing the South African textile industries and the Department of Trade and
Industry (DTI) representing the government. The trade unions, in reality, were
labor groups that constituted one part of the broader domestic constituency. The
Democratic Party (DA)the ofcial opposition party in the parliamentthe
media, industrial lobbyists, and individual traders constituted its other part.
While it is true that in the theoretical application of two-level games, the chief of
government (COG) acts as the main negotiator, the COG in his or her leadership
capacity, however, has the ability to appoint a subordinate to act as chief negotiator. This was seen in President Hu Jintaos decision to transfer the negotiation
role to Premier Wen Jiabao. For practical purposes, ofcials from the DTI acted as
the main negotiators with the opposing Chinese side during the negotiation
process, but President Thabo Mbeki as COG signed the agreement with premier
Wen Jiabao on June 22, 2006.
This research is divided into ve sections. The rst section explains the methodology of the research and the core concepts of two-level games. The second
section constitutes an overview of the textile industry and highlights the inuence of domestic variables. The roles actors played and their win-sets are
described here. The third section reviews the international negotiation process.
Here the focus is on ofcial government interaction, which paved the way for the
signing of an agreement. The strategic outcomes of the negotiations, the policy
implications for the textile industries of both countries, and the inuence on the
region are discussed in the fourth section. Finally, although the policy implications per se do not reect on the two-level game analysis, it shows Chinas
involvement in the African textile sector, government management of textilerelated issues, and responses from the industry.
118
The basic assumptions of the two-level game analysis are outlined below.
Level I: Internationalbargaining between negotiators leading to a tentative
agreement.
Level II: Domesticseparate discussions within each group of constituents about
whether to ratify the agreement.
Putnams main objective is to show that there can be a sequence to negotiations, with international negotiations being followed by related domestic negotiations on such matters as ratication. Within the two-level game framework,
Putnam explains that the success or failure of negotiations depends upon the
existence of overlap between perceptions of acceptable outcomes at both levels of
negotiations. He calls this overlap a win-set. The boundaries of a win-set are
conditioned by the distribution of power, the preferences, and the possible
coalitions among Level II constituents. It is also possible that the negotiators at
Level I may manipulate the outcome to try to appease their international negotiation partners, as well as domestic pressure subgroups, even when the interests
of each seem diametrically opposed. Put simply, for international agreements to
be achieved, there must exist some overlap between the set of outcomes acceptable to the international negotiators at Level I and those preferred by the groups
involved at Level II. Without such overlap, no nal international agreement is
possible, either because the domestic constituency will not approve the agreement made at the international level or because what is acceptable as dened by
the involved domestic actors proves unacceptable to the other involved country
or countries (Starkey, Boyer, & Wilkeneld, 1999, p. 88).
One of the tasks of this article is to identify whether the relative balance of
inuence is derived from domestic or international sources. Are the interactions
between Level I and Level II an exact copy of Putnams classical work, or are they
built on specic characteristics of the dispute? The nding of this case study is
that the two-level application deviates from the original work of Putnam because
of three distinctive features. In the rst place, the emphasis is on the demands
of the South African domestic constituency and the manner in which it shaped
the negotiation process. This means that the distribution of negotiating power
between the Chinese and South African domestic constituencies is uneven.
Second, China is regarded as the main international negotiator due to the salience
of the issue; this reects on the prominent and comparative bargaining advantage
of China in international trade negotiations. The nonpoliticization of the ratication process stands out as the third feature. As Evans et al. (1993, p. 438) point out,
it is not a prerequisite for the ratication process to be endorsed by the supreme
authority. Ratication can also be a function of public opinion and domestic
consent to the issue, as this study illustrates.
Textile Disputes and Two-Level Games: The Case of China and South Africa
119
2002
2003
2004
2004/2002
176
96
80
54.5%
659
78
581
11.8%
190
120
70
63.2%
305
202
103
66.2%
777
121
656
15.6%
270
188
82
69.6%
561
417
144
74.3%
1,003
190
813
18.9%
403
292
111
72.5%
218.8%
334.4%
80.0%
36.3%
52.2%
143.6%
39.9%
60.0%
112.1%
143.3%
58.6%
14.7%
120
means higher unit labor costs, which is a bad thing for any labor-intensive
industry. Fourth, there are other contributors to South Africas relatively high
cost base, such as the relative isolation of the country from major markets, which
raises freight costs; its small internal and regional market, which limits the
exploitation of scale economies; and relatively high internal transport and communication costs. All of these affect the clothing and textile industries. Fifth, there
is considerable evidence to suggest that the South African clothing and textile
industries would never have grown so large if (a) domestic protection had not
been so high in the rst place and (b) if global activity had not been so distorted
through the multilateral quota systems of the multiber arrangement and then
the agreement on textiles and clothing. Some argue that these arrangements are
responsible for Chinas more-rapid-than-expected ascent of the value chain.
Arguing in favor of less protection, the president of the American Apparel and
Footwear Association was quoted as saying, Instead of producing millions of
low-value T-shirts, China produced thousands of much-higher quality and
higher value sweaters, polo shirts and dress shirts (Alves, 2006, p. 6).
South Africa
The domestic role-players. Clotrade, a body representing both domestic
clothing manufacturers and importers, lodged a request for safeguards to be
imposed against clothing imported from China with the International Trade and
Economic Development Division (ITEDD), a division of DTI, in 2004. After a year
of no response from the ITEDD, Clotrade consequently lodged a safeguard
application with the International Trade Administration Commission (ITAC) in
June 2005. The application was based on the allegations that imports from
China had increased signicantly, that prices of these imports were exceptionally
low, and that more than 76,000 jobs had been lost in the industry, mainly as a
result of cheap imports from China (Brink, 2006, p. 3). Clotrade requested ITAC
to take action in line with the action taken by the European Union (EU) and the
United States, i.e., outside the parameters of the WTO, rather than a normal
or protocol safeguard. Clotrade requested that quotas should be imposed,
that a signicant additional ad valorem duty be imposed on any imports
outside the quotas, and that certain minimum values be adopted for customs
valuation purposes on the basis of Chinese exports process to the EU and the
United States. Clotrade requested protection against all imports under
Chapters 61 (Articles . . . Knitted, n.d.) and 62 (Articles . . . Not Knitted, n.d.)
of the Harmonized Tariff system, covering some 263 tariff lines. Clotrade also
requested that imports from Hong Kong in reality originate in China, as very
little apparel is manufactured in Hong Kong (Brink, 2006, p. 3). ITAC rejected the
application, inter alia, on the basis that it was not prepared to act outside the
parameters of the WTO. The Southern African Clothing and Textile Workers
Union (SACTWU) application had a signicantly wider general ambit than the
Clotrade application in that it also included a number of textile and footwear
products, as well as certain products imported under Chapter 63. Other than in
the Clotrade application, not all tariff lines under Chapters 61 and 62 were
included in its application.
Textile Disputes and Two-Level Games: The Case of China and South Africa
121
The South African government was represented by the DTI through two of its
subdivisions, namely ITEDD and ITAC of South Africa (South African Department of Trade and Industry, 2006). The unions and manufacturers urged the
DTI to invoke safeguard measures, but a standard reply was that the local
industry should instead become more dynamic and implement structural and
operational reforms. According to Harrison (2006), the DTI also stated that the
dispute should be blamed on the strong Rand (ZAR) and that the South African
government would not pursue safeguard measures to limit the surging
cheap Chinese apparel imports. Mr. Mandisi Mpahlwa, the minister of trade
and industry, assured stakeholders that negotiations with China have taken
place and a high level of progress has been achieved (Harrison, 2006). Zwelinizima Vavi, head of the Congress of South African Trade Unions (COSATU),
in a strongly worded statement said, While we appreciate the DTIs desire to
negotiate a mutually acceptable agreement with China, it seems the Chinese side
is simply dragging out the talks to avoid stronger measures. The government
is too soft on China and doing little to protect jobs and factories (Harrison, 2006,
p. 2).
The South African win-set. Thanks to the internal and external consensus
building by the trade and textile unions, as well as critique by the DA, the
acceptability sets of the major actors proved to be very similar. This consensus,
especially its inextricable linking of imposing quotas on textile imports with the
unfair trade balance, and the broad coalition of interests it represented, was to
fundamentally shape the win-set of the South African actors. This win-set was
based on a number of proposals: some directly applicable to the two-level talks
and others serving as a legal basis for implementing quotas, according to Brink
(2006, p. 9).
1.
2.
The High Court ruled that the WTO antidumping agreement nds application in South Africa, insofar as it is not inconsistent with South African
legislation and the same would, therefore, apply to trade deals with China.
3.
China
Domestic role-players. The All-China Federation of Trade Unions
(ACFTU)with its national industrial union, the National Committee of the
Chinese Financial, Commercial, Light Industry, Textile and Tobacco Workers
Unionwas concerned about the employment benets of individual workers
and stabilizing export gures. Like COSATU of South Africa, ACFTU provided
122
moral and labor-related support. The China National Textile and Apparel Council
(CNTAC), which represented hundreds of local manufacturers, had an economic
interest with South African companies. According to Vice Minister of Commerce
Wei Jianguo, the Chinese government and CNTAC were willing to exchange
technology and invest in the South African textile sector, thus stopping negative
publicity and building a trustworthy relationship (Sub-Council of Textile Industry, 2006a). The CNTAC and Seardell Investment Holdings (the biggest clothing
and textile manufacturer in South Africa) voluntarily agreed to reduce Chinas
clothing and textile exports to South Africa. The two organizations had expressed
mutual concern that clothing imports from China had risen 40% since 2002, and
the ows had to be controlled (Sub-Council of Textile Industry, 2006b). The
Chinese Ministry of Commerce (MOFCOM) represented the government at
Level I. Its mission with regard to international cooperation can shortly be
described as follows:
1.
2.
To study and work out measures for the regulation of import and export of
commodities and compile a catalog thereof, organize the implementation of
import and export quota plans, decide on quota quantity and issue license and
draft, and implement import and export commodity quota tendering policies
3.
To study, make, and implement multilateral and bilateral trade and economic
cooperation policies, be responsible for multilateral and bilateral negotiations
on trade and economic issues, coordinate domestic positions in negotiating
with foreign parties, and sign the relevant documents and monitor their
implementation; to establish multilateral and bilateral intergovernmental
liaison mechanisms for economic and trade affairs and organize the related
work (MOFCOM, 2009); to handle major issues in country-specic economic
and trade relationships, and regulate trade and economic activities with
countries without a diplomatic relationship with China.
Textile Disputes and Two-Level Games: The Case of China and South Africa
123
2.
During the second stage of the dispute (antidumping measures and quotas),
the Chinese government undertook to exchange technology with the South
African textile market. The idea was to modernize the industry and halt the
continuous job losses. China would also help to increase the competitiveness
of the South African textile market. Compliance with regulations of the WTO
would further ensure smooth cooperation.
3.
The Chinese leadership was committed to improving its image as a responsible stakeholder and avoiding negative publicity around textile issues. This
is evident by the statements of government ofcials. For example, Ruan
Zongze, vice president of the China Institute of International Studies said,
We will take further economic measures to prevent an over-rapid growth of
Chinas textile and garment exports and will strengthen macro control over
rapid increases in exports of textiles and clothing (Qihua & Qin, 2005, p. 4).
The government and the textile industry are both working to ease the concerns of foreign counterparts who fear Chinese textiles will swamp the world
market in the quota-free era (Textile Industry Moves, 2005). A report by
Chinas National Development and Reform Commission concludes: The
textile industry must adapt to a more exible Yuan regime as soon as possible, integrate international management practices and develop ways to
guard against currency risk (Will China Deal, 2006, p. 3).
124
Textile Disputes and Two-Level Games: The Case of China and South Africa
125
to learn from China the skills that were conducive to employment creation
(Unions Urged, 2006, p. 5). This was a clear indication that the South African
COG sought to bounce the ball back into the Chinese courtyard, winning domestic support and thus inuencing the international negotiations. The reverberation
effect also had a positive spin-off in the overall trade relations between both
countries. After an agreement was signed in 2006, both countries vowed to
identify areas where economic relations could be strengthened.
How did the preferences of the statesmen inuence the choice of strategies and
the outcome of the negotiations? Since the two-level games approach posits
partial autonomy of the statesmen, two-level analysis requires a specication of
the statesmens preferences. A rational statesman will employ available doubleedged strategies only if they further his or her aims. The set of agreements
preferred by the statesman to the status quo may be termed the statesmans
acceptability set. These preferences may reect (1) the statesmans interest in
enhancing his domestic position, perhaps by pursuing the median domestic
interest; (2) an effort to mobilize an optimal response to international imperatives, regardless of domestic factors (much as the Classical Realists portray it); or
(3) individual policy preferences about the issues in question, perhaps stemming
from idiosyncratic rst-image factors like past political history or personal
idealism (Moravcsik, in Evans et al., 1993, p. 30). The focus of the analysis is on the
strategic incentives created by certain congurations of the acceptability-set relative to the domestic win-set. The possible congurations can be divided into three
categories: the statesman-as-agent, the statesman-as-dove, and the statesmanas-hawk. In the case of the statesman-as-agent, the statesmans acceptability set
reects the interests of the median domestic group and is encompassed by the
domestic win-set. In the case of the statesman-as-dove, the acceptability set lies at
least partially outside the domestic win-set and closer to the opposing win-set. In
the case of the statesman-as-hawk, the acceptability set lies at least partially
outside the domestic win-set but further from the opposing win-set than the set
of agreements ratiable domestically (Moravcsik, in Evans et al., 1993, p. 31).
Which one of the congurations explains the preferences of the statesmen in this
case study? Looking at the Chinese side, Hu Jintao had little incentive to expand
the win-set because of an absence of conict between the statesman and the
domestic constituency. However, Hu Jintao did contract the win-set to gain an
edge in the negotiations. Thus, his role was one of the statesman-as-agent. Thabo
Mbeki portrayed a hawkish attitude during the rst stages of the negotiations
because of his attempt to expand the win-set (cut slack), for the sake of favoring
an agreement with China, independent of its content. This brought the Chinese
COG closer to a point of compromisea practice that runs counter to the normal
expectation that the statesmen will preserve the maximum possible level of
executive autonomy. In simple terms, the South African COG was afraid that the
domestic constituencys win-set would be unacceptable to the opposing party
and therefore reduced their level of autonomy. Chinas promise of side payments
in the form of direct investments and modernization of the industry was seen as
a positive gesture by COSATU and SACTWU. An agreement with China could
help create more than 60,000 new jobs in the industry, a spokesperson for
COSATU said before a nal agreement with China was signed (Le Roux, 2006,
p. 6). Premier Wen Jiabao said, China promises not to destroy South Africas
126
textile industry, but will help develop the ailing sector that has lost an estimated
25,000 jobs in the past two years (China Pledges, 2006, p. 5). Only when the
governments acceptability set and the domestic constituencys win-set coincided
did Mbekis attitude change to a statesman-as-dove. The governments negotiating terms were now closer to the opposing win-set.
Domestic groups also have opportunities to develop similar strategies and
counterstrategies as statesmen (Moravcsik, in Evans et al., 1993, p. 32). Was there
a business link between the textile industry of South Africa and China? Did the
domestic constituencies reach consensus on the terms of the negotiations? Business partnerships increased between both countries after 2001, and the textile
sector was no exception, but a formal code of conduct laying down the rules of
the game, was absent. For this reason, individual manufacturers had no platform to express mutual concerns and could not reach consensus on the issue.
On the other hand, textile manufacturers in China are subjected to strict government rules and regulations, which restrict the normal ow of business
exchanges across borders. This inuenced the Chinese governments behavior.
First, the government was afraid that intercompany talks would jeopardize its
negotiations with South Africa and impair the drafting of an acceptability set.
Second, free business contacts would undermine the autonomy of the government to control the current textile dispute and future trade talks. Third, the
government wanted a complete handle on all stages of the negotiations and
could not allow the domestic constituency to derail the negotiations. What were
the effects of the negotiation process on Chinese policy recommendations? The
nding is that the pressure of the international negotiators on the domestic
groupings had only a minor inuence in the negotiation process. It is actually a
dispute that arose out of the socioeconomic injustices the manufacturers and
workers faced in their respective textile industries and not as a result of disagreement on state-to-state trade relations. The pressure from the Chinese
domestic constituency had an effect on the Chinese governments decision to
enter into talks with its South African counterpart. China aspired to nd a
peaceful settlement of the issue and strengthen its trade relations with the economic powerhouse of Africa. If it could achieve this objective, the door would
be opened for role-players in the local textile industry to establish transnational
trading partnerships without strong government intervention. In other words,
private entrepreneurship was encouraged. In actual fact, the manufacturing
industry in China, and this includes textiles, started opening up its markets
with economic reforms launched by Deng Xiaoping in 1978. It has been an
ongoing process where national economic reform relies on the inputs of the
domestic role-players for the drafting of foreign economic policy. The domestic
constituency in China also raised awareness among the Chinese negotiators that
the bargaining power of domestic groups is an important factor in shaping the
course of international negotiation. Although the Chinese domestic groups did
not put pressure on the government to enter into negotiations, the stakes were
also high on their part. They relied on the South African market for the ofoading of textile products, and the agreement softened accusations by the South
African textile industry that China is dumping and engaging in unfair business
practices. The signing of the agreement was important to show that both countries can cooperate on trade disputes.
Textile Disputes and Two-Level Games: The Case of China and South Africa
127
128
Conclusion
The two-level game analysis of Putnam provides an important insight on how
to evaluate the process of interaction between the domestic constituency and the
team of international negotiators. Of particular importance for this study was the
way in which the issue developed from a domestic to an international dispute
and the signicance of the two-level analysis to explain the negotiation process.
Negotiations between Level II and Level I were a timely matter and never an easy
task. Another nding is that the win-sets of both parties differed in opinion but
not strategically. The domestic constituencies were concerned about rising unemployment and protecting the textile industries from collapse, therefore calling for
quotas and import regulations. They attempted to achieve these goals with strong
union backing and by getting public support behind them. The governments
wanted to build on the new economic relationship through the use of diplomacy,
not always paying attention to the needs of the domestic constituencies. This lack
of communication was a costly affair at the initial stages because it allowed the
issue to evolve into an international dispute, not only involving China and South
Africa, but also affecting the region. The South African government only realized
the importance of building a relationship with the unions and local industries
during the second stage of the negotiations. This delaying tactic presented China
with bargaining chips at the expense of the South African domestic constituency.
Even though South Africa and China ceteris paribus agreed on the nal win-sets,
the results could have been different if Level I and II negotiations were more
transparent. What can nally be said? Narrow rm interests and sector interests
must be weighed with wider interests that are usually not expressed as vocally
as they are with the textile quotas. Long-term careful and innovative strategic
planning with clear objectives is therefore required to succeed in a competitive
trade relationship. This is also important for South African rms competing
with imports from China, as well as for those in the rest of the world who are
competing against China. Although the South African textile industry is under
threat of collapse, China has indicated its willingness to enhance technology
transfer and investment cooperation with South Africa. If this industry is to
survive through reform, collaboration with China is imperative.
Textile Disputes and Two-Level Games: The Case of China and South Africa
129
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