JEAN MONNET SEMINAR

MACAU ACTORNESS IN EXTERNAL RELATIONS

THE CASE OF MACAU-EU DIALOGUEBY

JOSÉ SALES MARQUESUMAC, 27/2/2012

Introduction- Why this topic Actorness- Definition, autonomy and its

limits, type of actorness Macau-EC/EU Conclusions

Chapters

Macau’s [MSAR] autonomous participation and interactions, at government and private level, with foreign/external actors is a reality legitimized by the Basic Law- the “Forum for Trade and Economic Cooperation between China and the Portuguese Speaking Countries”, as the most visible and high profile case.

Interaction at level of international organizations and conferences, bilateral and multilateral treaties…

Why this topic

Is intellectually challenging and should be subject to further research, due to a certain degree of ambiguity.

Why this topic

BELGIUM-BRUSSELS-CHINA-MACAO-FERNANDO CHUI SAI ON-VISIT10 January 2012 / 16:27

‘Actorness’ is hereby defined as the “ability

to function actively and deliberately in

relations to other actors in the international

system” ( G. Sjostedt,1977: 15) .

Underlining assumption is non-realist, not

only states are actors

Actorness

“Multiple channels connect societies...” (Keohane and Nye,2001: 21)

“Constructivist theorizing tries to show how the social structure of a system makes action possible by constituting actors with certain identities and interest, and material capabilities with certain meanings” ( Wendt, 1995:76)

Theoretical contributions

The external dimension of Macau. 6 stages: 1557-1640- Golden age- prosperous city state in active interaction within Asia and beyond...

1640-1841- Survival selective engagement to find alternatives to lost markets, diplomacy/ hub of European presence with the Canton Trading System...

1846-1950’s- Free port, rentier economy, colonial status, Sino-Portuguese disputes...

Macau’s interaction with the world

1960’s-1970’s- Export economy ( continued into the early 90’s) , high growth( Trade with Africa until 1974)... Declaration by China 1972 at UN, of Macau and HK as internal affairs of China.

1976-1999- Political developments, renew autonomy, transition period, narrative of differentiation (TCA with EC-1992)...

MSAR- 1999- to present- Platform role, Para-diplomacy, multi-layered diplomacy, etc.

Macau’s interaction with the world

Autonomy is both guarantee by Article 31 of the Constitution of the PRC in 1982 [ allowing for the existence of Special Administrative Region] and was object of an international treaty signed between China and Portugal in 1987, lasting for 50 years, until 1949.

It is also enshrined in the Macau Basic Law, Chinese law ( Art. 12) “ MSAR shall be a local administrative region of the PRC, which shall enjoy a high degree of autonomy”.

Autonomy and its limits

Article 13 The Central Government shall be

responsible for the foreign affairs relating to the MSAR.

The MFA of PRC shall establish and office in Macau to deal with external affairs

The Central People’s Government authorizes the MSAR to conduct relevant external affairs, on its own, in accordance with this Law

Autonomy and its limits in external relations

Chapter VII Article 135- Participation of members of MSARG in

negotiations at the diplomatic level. Article 136- MSAR own sphere as “Macau, China” Article 137- MSARG as members of PRC’s delegation Article 138- Application of international agreements Article 139- Own passport and immigration controls Article 140- Visa abolition agreements Article 141- Establish trade missions in foreign countries Article 142- Allow missions of foreign states in MSAR Other articles- Article 112- WTO, separate customs

territory; Article 134- refers to participation of NGO’s at international organizations.

External relations and the Basic Law

The MSAR may, on its own, using the name “Macau, China”, maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organisations in the appropriate fields, including economic, trade, financial and monetary, shipping, communications, tourism, cultural, science and technology, and sports fields.

Article 136

Comments ( Pereira, 2001) MBL vested the region with extensive

powers to conduct its own external relations, to participate, though with subordinate status, in the PRC’s foreign policy...

This dual status in the conducting of foreign relations reflects China’s principled approach to matters of sovereignty, which is subtly grounded in a semantic distinction between foreign affairs and external affairs

Comments ( Pereira, 2001) [MSAR] capacity to conduct external

relations...is functionally limited...to the fulfilling of task derived from its economic and cultural autonomy...as an emergent type of non-sovereign autonomous international actors

However, given their [SARs] highly sensitive international status, their separate identity will be largely determined by an equation…The SARs’capacity to engage in autonomous external relations and the Central Government attitude in that regard

Defense and F. Affairs (exclusive CG)

Macau Forum

Restrictive autonomy (BL)

Article 136 BL

The four-tier structure of Macau’s (HK) external affairs (Marques, 2008, based on Neves, 2001)

As a non-sovereign region, Macao enjoys wide-ranging and close relationships with most countries and regions throughout the world. This is an advantage for Macao in its longstanding, extensive, direct, friendly and beneficial relationships, particularly those with European Union (EU) member states and Romance language-speaking countries.

It is the only Chinese city capable of developing special relationships with the Portuguese-speaking countries on four continents.

What brings Macau which is new? (GIS-MSAR, 2011)

Application of international conventions

Macau and the World

Inter-governmental organizations in which MSAR enjoys independent status- 13, including WTO (member) and UNESCO ( associate member) , World Tourism organization (associate member) and World Customs organization (member).

Participation in international organizations and Conferences by January 2009, MSAR has attended 141 international inter-governmental conferences by joining the Chinese Delegation, sent its own delegation in the name of “Macao, China” to 244 international conferences and hosted 9 large-scale international IGC and events.

Macau and the World

Historical relations- The “most European city in Asia”

Economic and trade relations- 1986 Trade and Textiles agreement/ MFA

2nd export market (in alternate with US as first) Portugal as EC/EU member EC/Macau agreement proposed by Rocha Vieira

to Jacques Delors, President of the Commission during Europalia at Brussels, 1991.

The need to differentiate Macau from HK

Macau-EU relationsBackground

Macau as a separate process from HK/ no linkage

Macau has its own identity and issues The positioning of Macau as a platform for

the West bank of the Pearl River Delta Macau’s relations with the world closer to

Europe, while HK closer to the US Development process based on building the

hard and software to exercise its autonomic status

The Politics of identity

Initialed at Luxemburg, 15/6/1992, effective 1/1/1993.

Third Generation agreement –Art. 1- Cooperation between the Community and Macau and the implementation of this Agreement is based on respect for democratic principles and human rights which inspires the policies of both the Community and Macao.

RV remarked (2010) it was esoteric to have a 3rd generation agreement signed with EC...

The Trade and Economic Cooperation Agreement

Trade- Conformity with GATT (later WTO) rules Other fields- Industrial cooperation; investment;

information, communication and culture ( could include conservation of objects of historic and cultural interest); training; environment; social development; fight against drugs; tourism.

Resources- Both sides Joint Committee- meet at least once a year, in

Brussels and Macau, alternately. Duration- Five years, renew tacitly on a yearly

basis

Fields of cooperation

Euro-Info Centre 1992- Information and facilitation target to SME’s, in cooperation with BNU, join later by IPIM and IEEM.

Euro link- 1990’s – Research/fact finding program for European students to understand China- based at UMAC.

EUREKA- 1997-1998- Technological research ME-CATS- Tourism training- 1999-2001. Services development program- 1999-2001.

Programs of cooperation- before 1999

MES-IEEM- 1999-2001 EU-Macau Legal Cooperation Program-

initiated in 2001 and still ongoing. Currently managed by the MSAR LRIL.

Asia-Invest Program 2001-2002. Providing support for investment projects.

Cooperation programs- MSAR-EU

MigraMacau- Migration and Asylum 2006-2008 Training of translators at the EU interpretation

services, financed by MSAR. EUBIP- Support to development of European

Business in HK and Macau. EU-Macau-HK joint project. Consortium comprised of IPIM/IEEM/HK-European Chamber of Commerce( 2009-2012).

EU Academic Program ( 2012-2016). Proposals under evaluation. UMAC/IEEM consortium + 1 competitor(?)

Cooperation programs- MSAR-EU

Several agreements and additional protocols concerning trade in textile products which is now governed by the WTO Agreement in Textiles and Clothing ( Snyder, 2009: 1024).

EU-Macau Agreement on the Readmission of Persons Residing without authorisation-20/4/2004.

Visa free access to holders of MSARs passports.

Other arrangements with EU

Development of Core Curriculum of EU studies in China- 2002-2005/ CASS/IEEM

Network of European Studies Centers in Asia Research Dialogue- University of Giessen/IEEM+7 (including Fudan University)

Other cooperation programs

“A Long Term Policy For China-Europe Relations” [COM (1995) 279 final], where the principle of continuity in regard to relations with HK and Macau is defined and explicit reference is made to China’s agreement to no change to the EU-Macau agreement;

“Building a Comprehensive partnership with China” [COM (1998) 181 final]

“The European Union and Macau: beyond 2000” [COM (1999) 484 final]

“The European Union, Hong-Kong and Macau: Possibilities for Cooperation 2007-2013” [COM (2006) 648 Final]

“China’s EU Policy Paper”, announced 13/10/2003, where the CG of China “support and encourages” HK and Macau SARs in developing friendly relations and cooperation with the EU....

EU-Macau relations in wider context

TEC- landmark agreement, was approved at the JLG to continue after 1999.

JCM- Has been ongoing, is a platform exchange of views, normally last one morning or afternoon, there is a joint declaration at the end.

Official contacts at highest level- Chief executive traveling to Brussels( 3x) and EU officials, including the president of the Commission visiting Macau, more than once.

EC/EU-Macau- Institutional and political developments

Macau trade and economic delegation in Brussels, since 16/11/1987, integrated in the Portuguese Embassy. In face of MSAR, EU recognized its autonomy in 18/11/99.

EU office for HK and Macau, since 1993. Separate office for Macau was advocated by the Portuguese administration and MEP in Brussels, but dropped later.

EU issues separate annual reports on Macau and Hong Kong.

Report by Mario Soares to EP, 31/3/2003.

EC/EU and Macau- Institutional and political developments

Unilateral assessment of developments at Macau SAR. It convey EU views on Macau

Topics: Macau’s economic and social developments;

Reform in public administration; Political developments and reform; Fundamental rights and freedoms; Trade issues

EU Annual Reports

The2010 Report. General Topics= Macau-Taiwan relations; The Macau Forum; implementation of article 23 and entry denied to some HK based journalist; economic recovery; labor shortage; economic diversification; CEPA and economic integration with the Mainland; framework cooperation with Guangdong/ Hengqin; double taxation agreements;

EU-Macau cooperation (environmental protection, academic and cultural exchanges, civil aviation [horizontal agreement] and taxation of savings [ savings directive/taxation of EU investors on income from savings in accordance with rules of their Member State of residence]; EUBIP; Erasmus Mundus; Jean Monnet Chair and successful Conferences;

High level visits from both sides

EU Report- 2010

Trade relations

Balance of trade in goods

Institutional relations at very good level. Good communication between parties. Chemistry due to special cultural ties and some

shared values. Trade relations are good, EU surplus and

prospects of further growth. EU direct investment in Macau still solid and

strong in public utilities. However, lost relative importance/ no access to the core of gaming industry, thou there are opportunities in gaming related supporting business and environment.

Assessing EU Macau relations

Cultural relations have good base to develop cooperation, mostly on member state level. Portugal, France, are strongest. This is not a clear EU level competence.

Cooperation on education is another area. Macau could play a role as springboard for local and Chinese students to further studies in Europe. But Macau must take initiative and work towards building cooperative frameworks with EU higher education institutions.

Assessing EU Macau relations

Macau-EU relations are almost limited to official relations.

People-to-people is very limited and NGO’s have practically no role at all.

The same could be said of businesses. European Chambers in Macau could help improve this void.

There are substantial differences to EU-HK relations based on economic and trade interest, with strong business networks.

Assessing EU Macau relations

Macau’s external dimension founded on the Basic Law and allow for ample room of interaction with other actors at the international level.

There are 2 principles: unity and specialization derived from autonomy.

Those 2 principles can lead to some tensions, because there are ambiguities, but also create opportunities.

Conclusions

The external dimension, if well implemented and managed, is a very important factor for the success of the MSAR and the internationalization of Macau

It could also be important as an element of Chinese soft power.

Success depends on opportunities and capabilities

Eventually, Macau must pay more attention to opportunities and improve capability

Conclusions

THANK YOU VERY MUCH FOR YOUR ATTENTION