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CountryTrade deal in AsiaPacificDoes Parliament have a role in trade policy/negotiations?Role of parliament in trade policy/negotiations enshrined in constitution?Laws promulgated on role of parliament in trade policy/negotiations?Mandating StageNegotiation StageRatification StageImplementation StageNotable issues
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AustraliaCPTPP, RCEP, PACER Plus, Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA), Australia-Hong Kong (A-HKFTA),China-Australia Free Trade Agreement (ChAFTA),Japan-Australia Economic Partnership Agreement (JAEPA), Korea-Australia Free Trade Agreement (KAFTA), Malaysia-Australia Free Trade Agreement (MAFTA), ASEAN–Australia–New Zealand Free Trade Agreement (AANZFTA), Thailand-Australia Free Trade Agreement (TAFTA), Singapore-Australia Free Trade Agreement (SAFTA), Australia-New Zealand Closer Economic Relations and Trade Agreement (ANZCERTA).YesYes. Federal and SubFederal level parliaments are informed through contact with ministers and of the Standing Committee on Treaties of the Commonwealth,
States and Territories (SCOT)		Federal level parlimantarians have no official powers and access to documents is case by case basis. Subfederal level parliaments can be informed by state government ministers.Yes. Joint Standing Committee On Treaties (JSCOT) prepares report and holds public hearing before ratification. JSCOT has the right to suggest non- ratification of the
agreement, but reports are non- binding. For subfederal levels, State parliaments are
contacted by JSCOT and have the right to
respond with information/positions (in practice only QLD does this – lack of expertise).		Yes. For federal level, Any implementing bills (tariff and customs adjustments) must pass Parliament. For subfederal, Any implementing bills that are under
State and Territory competences
(transport, public procurement...) must pass parliaments.		(1) Lack of expertise at federal level to tackle trade agreements .(2) JSCOT composed of both lower and upper house of parliament, often from the majority of both houses. This means JSCOT is composed of the government of the day and trade agreements are rarely not recommended for ratification, except for the Anti-Counterfeiting Trade Agreement .
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CanadaCPTPPYesNo. Standing Committee on International Trade (CIIT) does a scoping exercise shortly after trade negos are launched. No role for subfederal level parliaments. However, CETA was experience was unique because provincial representatives participated in the dicussions.No. No official powers.
Briefings in committee as part of a study or in response to reports. Subfederal level governments can get involved in the negotiations but parliaments at subfederal are not involved.		No role. Optional tabling policy which provides a 21-day period for debate at federal level.Recommendations from this process are non-binding.Subfederal parliaments also have no role, except in quebec which has power to ratify.Yes. For federal level, Any implementing Act must pass Parliament. For subfederal, Implementing Acts pertain to the aspects falling under provincial authority(1) if the National Assembly of Québec rejects an international trade agreement, the agreement is not annulled; rather, the parts touching on provincial competences are not applicable within Québec. (2). In Canada, international treaties have no direct effect in law,
even when government has formally ratified the treaty: international commitments must be written into
national law. This is done through an Implementation Act, which follows the standard legislative
procedure, with both houses discussing the proposal. As legislative competences are divided between the federal level and the provinces, treaties covering sub-national competences are to be implemented by provincial legislators. The scope of the Implementation Act is quite limited, in the sense that it pertains only to those aspects of the agreement requiring amendments to domestic law.
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New ZealandCPTPP, RCEP, Australia: Closer Economic Relations, New Zealand–China Free Trade Agreement,New Zealand–Hong Kong, China Closer Economic Partnership , Malaysia–New Zealand Free Trade Agreement, New Zealand and Singapore Closer Economic Partnership,NZ-Korea Free Trade Agreement,Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation, New Zealand and Thailand Closer Economic Partnership YesYes. Parliamentary treaty
examination process. After Cabinet approves the final text and gives authority to sign, the agreement and the National Interest Analysis (NIA) are presented to the House of representatives. A Parliamentary Select Committee has 15 sitting days to consider these and to hear public submissions before reporting back to the House. If the Select Committee has recommendations, the Government must table a response within 90 days. 		Yes. Parliament passes implementing legislation. After the Parliamentary Select Committee has reported back on the agreement the legislation required to implement the agreement can be introduced to Parliament. The legislation ensures that New Zealand can comply with the agreement once it enters into force. Prior to the legislation passing it is considered by a Select Committee which calls for public submissions
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ThailandRCEP, Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Corporation (BIMSTEC) Free Trade Area, India-Thailand Free Trade Area
Pakistan-Thailand Free Trade Agreement, Sri-Lanka-Thailand Free Trade Agreement, ASEAN Free trade area		YesYes. 2017 Constitution Section 178Any treaty which provides for a change in Thai territories or external territories over which Thailand has sovereign right or jurisdiction under a treaty or international law, or which requires the enactment of an Act for implementation, and other treaties which may have wide scale effects on the security of economy, society, or trade or investment of the country must be approved by the National Assembly. In this regard, the National Assembly shall complete its consideration within sixty days as from the date of receipt of such matter. If the National Assembly does not complete the consideration within such period of time, it shall be deemed that the National Assembly has given approval.Several instances wherein parliament is bypassed under Thaksin's government,
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IndonesiaASEAN Free Trade Area ,ASEAN-Republic of Korea Comprehensive Economic Cooperation Agreement ,ASEAN-Japan Comprehensive Economic Partnership ,ASEAN-India Comprehensive Economic Cooperation Agreement,ASEAN-Hong Kong, China Free Trade Agreement,ASEAN-People's Republic of China Comprehensive Economic Cooperation Agreement , ASEAN-Australia and New Zealand Free Trade Agreement, Indonesia-Japan Economic Partnership Agreement , Australia-Indonesia Comprehensive Economic Partnership Agreement , Indonesia-Pakistan Free Trade Agreement YesArticle 11 Verse (2) the 1945 Constitution state “President in making the international agreement which cause greater impact and basic to people’s lives and related to country’s financial expenses, and or require the change or the formation of Act and regulation must be under the approval of DPR (house of representatives)”Yes. Law No. 24/2000 on International Agreements, when an international agreement explicitly stipulates that ratification is a precondition for an agreement coming into force, domestic legislation will need to be passed. After the parliament passes legislation to signify its consent to be bound by the agreement in question, a bilateral exchange of ratification documents is needed for the agreement to come into effect.Law No. 24/2000 on International Agreements, when an international agreement explicitly stipulates that ratification is a precondition for an agreement coming into force, domestic legislation will need to be passed. After the parliament passes legislation to signify its consent to be bound by the agreement in question, a bilateral exchange of ratification documents is needed for the agreement to come into effect. parliament can only decide to ratify or reject an agreement (and cannot amend it)Parliament passes domestic legislation for the agreement(1) In theory, Law No. 24/2000 on International Agreements requires the foreign minister to consult with parliament. In practice, parliament is usually only called upon to scrutinize the text of international agreements after they have been signed by the government.(2) Decision making is complicated by the fact that coming to an agreement requires a lengthy process of deliberation to reach consensus (mufakat) among all parties.Furthermore, the Indonesian parliament is essentially a balkanized entity, in which most of the parliamentary work is conducted in 11 committees known as commissions. Each commission makes most of the decisions in the specific area of government activities that it is assigned, and a plenary session of the full parliament is usually only called upon to formally endorse decisions made in the commissions.
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MalaysiaYesYes. 2007 constitution," 76. Power of Parliament to legislate for States in certain cases
1. Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:
a. for the purpose of implementing any treaty, agreement or convention
between the Federation and any other country, or any decision of an
international organisation of which the Federation is a member;"		YesYes. Pass legislation to implement a treaty
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CambodiaYesYes. Article 90: The National Assembly shall approve or repeal international treaties and conventions….The adoptions and approvals referred to in the previous clauses shall be agreed by an absolute majority vote of all Members of the National Assembly. Article 26
The King shall sign and ratify international treaties and conventions after they have been approved by the National Assembly and the Senate.		Yes
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PhilippinesYesYes. SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate. SECTION 4. All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.
YesTheoretically, congress/senate can file a request for reviewing existing trade policy. Not sure if also applicable in the negotiation stage. It is after negos are concluded that agreements are elevated to the President/senate
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South KoreaYesYes. Article 60.Yes
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JapanYesYes. Article 61. The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties. YesNot clear if the Diet can scrutinize trade deals. But this article demonstrates that aside from trade agreements, trade policy can be influenced in by Diet members in their policy speeches and resolutions. During the uruguay round of the gatt, during the negos, the Japanese diet released resolutions against rice market liberalisation https://ciaotest.cc.columbia.edu/isa/mec02/. Since 2011, tpp was being discussed in the diet too. The diet passed resolutions against the liberalisation of key commodity groups. Not sure if they have access to the text though. https://scholar.harvard.edu/files/cldavis/files/davis2018_forthcomingeditedvolume.pdf. In the resolution on japan's participation in the TPP negos, "7. The Government is to report promptly to the Diet any information acquired in the course of negotiations and to publicize this information in order to assure adequate and wide-ranging public debate." https://www.sangiin.go.jp/eng/report/standing-committee/20130617-TPP.pdf
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IndiaYesYes. 246. Subject-matter of laws made by Parliament and by the Legislatures of States.—(1)
Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with
respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution
referred to as the “Union List”).
(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature
of any State also, have power to make laws with respect to any of the matters enumerated in List III in
the Seventh Schedule (in this Constitution referred to as the “Concurrent List”).
(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws
for such State or any part thereof with respect to any of the matters enumerated in List II in the
Seventh Schedule (in this Constitution referred to as the “State List”').
(4) Parliament has power to make laws with respect to any matter for any part of the territory of
India not included in a State notwithstanding that such matter is a matter enumerated in the State List		YesOn trade policy in general, foreign trade policy theoretically receives input from parliament and traders, trade associations, , and government-appointed high-level advisory group. On trade agreements, in RCEP, Congress questioned the trade deal and announced ground protests https://www.livemint.com/politics/policy/the-politics-behind-india-s-no-to-rcep-deal-11572936377571.html)
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