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THE POSSIBLE SCENARIOS OF PARTICIPATION OF

LATIN AMERICAN COUNTRIES

LAURA MELISSA GOMEZ ALVIS

UNIVERSITY INSTITUTION POLITECNICO GRANCOLOMBIANO


INTERNATIONAL BUSINESS
VIRTUAL MODALITY
2019
CONTENT
ABSTRACT ............................................................................................................................................ 3
INTRODUCTION ................................................................................................................................... 3
HISTORICAL DEVELOPMENT OF THE CONCEPT OF INTEGRATION ...................................................... 5
REGION CONCEPTS FROM THE NEOFUNCTIONALISTIC VISION OF INTEGRATION ............................. 6
HISTORICAL DEVELOPMENT OF INTEGRATION IN LATIN AMERICA .................................................... 7
Economic integration: initial integration engine ............................................................................ 7
RELEVANCE OF THE POLITICAL ASPECT IN THE CONSTRUCTION OF A SOLID INTEGRATIONIST
STRUCTURE ......................................................................................................................................... 7
FACTORS THAT HAVE DIFFICULTY INTEGRATIONIST PROCESSES IN THE REGION .............................. 7
INFLUENCE OF INTERNAL ACTORS IN THE INTEGRATION PROCESS OF LATIN AMERICA2 ................. 9
INFLUENCE OF EXTERNAL ACTORS IN THE LATIN AMERICAN INTEGRATION PROCESS .................... 10
Programs and military training bases............................................................................................ 10
Economic Presence ....................................................................................................................... 11
The neoliberal rise ......................................................................................................................... 11
INCLUSION OF THE POLICY IN THE INTEGRATION PROCESS ............................................................. 11
RESULTS ............................................................................................................................................. 12
CONCLUSIONS ................................................................................................................................... 14
SECOND DELIVERY ............................................................................................................................. 14
THEORETICAL FRAMEWORK: ........................................................................................................ 14
LEGAL FRAMEWORK:..................................................................................................................... 18
CONCEPTUAL FRAMEWORK: ......................................................................................................... 19
THIRD DELIVERY ................................................................................................................................ 22
KIND OF INVESTIGATIONTECHNIQUES FOR RESEARCH ................................................................ 22
THE RESULTS OF RESEARCH AND DEMONSTRATE ........................................................................ 23
BIBLIOGRAPHY................................................................................................................................... 24
ABSTRACT
This article addresses the issue of regional integration in Latin America from a political
perspective basing the research in the categories of analysis proposed by the neo-
functionalist theory. Integration is analyzed as a process itself, the relevance of the
concept of region under these circumstances, followed by a historical development of
integration processes in Latin America from the 50's to present day, finding factors that
have influenced the stagnation of these initiatives. Evaluating all stakeholders and the
favorability of the current characteristics of the regional and international system.
Keywords: Political Integration, Region, Latin America, Neofunctionalism, International
Society, Regional Institutions.
JEL Codes: A12, F02, N16.

INTRODUCTION
Regional integration processes are of great interest today, since regional organizations are
gaining increasing prominence, as they are the mechanism through which States have the
possibility of maximizing their economic benefits and achieving their national goals, while
at the same time gaining greater competitiveness. international level.
Various conditions and events that have occurred in our society since the 19th century
have made it difficult to unify efforts towards true integration. However, during the
twentieth century, new hopes emerged from the Latin American Free Trade Association
(ALALC) and the Latin American Integration Association (ALADI). The structural limits of
these organizations impeded the implementation of their objectives and were overcome by
subregional efforts, such as the Central American Common Market (CACM), the Andean
Community (CAN) and the Common Market of the South (MERCOSUR). In the words of
Edgar Vieira Posada, "[...] Latin America is confused with the idea that it is sufficient
integration to articulate in free trade zones and leaves aside the theoretical debate,
stopping the deepening of a multidimensional integration" (Vieira, 2008, p.157).
The aim of this paper is to address the issue of integration in Latin America, beyond the
economic framework through which it is generally studied, since we have found that the
issue of political and institutional ties has been relegated to the background. Latin
American integration is approached away from the usual scheme that has tried to measure
the success or failure of this, taking as reference paradigms of the European model,
without recognizing our case as an independent process, with specific conditions and
characteristics.
The study of regional integration seeks to explain how and why States cease to be totally
sovereign by voluntarily articulating with their neighbors until they lose the tactical
attributes of their sovereignty, while acquiring new techniques to resolve conflicts between
them. The regional cooperation of organizations, systems and subsystems helps to
describe the path towards integration, but they should not be confused with the resulting
condition (Haas, 1970, cited in Oyarzún, 2008).
Based on the above, it is appropriate to speak of neofunctionalism as the basic theory of
this research to analyze regional integration within the current context, considering key
concepts, such as interdependence and international society, highlighting the role of
governments as drivers of these dynamics.
Despite its visible progress, it has not been possible to consolidate an integration process
that has the capacity to unify the region and that has a solid and efficient structure that is
perpetuated over time. Therefore, we maintain that integration is possible once significant
political approaches are achieved, bearing in mind that this same aspect has been one of
the greatest obstacles that Latin America has faced in its various integrationist attempts.
The relevance of integration in Latin America lies in the links already established within the
region that can serve as a basis to generate greater development and achieve significant
benefits. In addition to the bonds that are shared in the ethnic, social and cultural, since
the colonial era, have also experienced almost simultaneously similar political and
economic phenomena, from coups, dictatorships, establishment of the Social State of Law
, protectionist governments until the opening and liberalization of the markets.
The aforementioned aspects have facilitated and encouraged the rapprochement in the
region; nevertheless, the potential benefits that these approximations would bring have not
been adequately exploited. We see this reflected in the fact that the integration processes
in the region have not had the political impulse or enough support to evolve in truly
significant processes for Latin America (ECLAC, ALALC, 1960, ALADI, 1980, CAN, 1969 ;
MERCOSUR, 1991, among others).
Latin American society demands that the modus operandi of the integration models seen
until today be reconsidered. In this way, impact transformations in the region can be
achieved that imply structural changes and that lead to a new integration process in which
not only commitments are generated through agreements or treaties, but also there is a
follow-up of said obligations and take concrete actions so that they can become truly
efficient institutions.
Within the framework of globalization, and immersed in an increasingly interconnected
world, it is necessary that students of International Relations take into account integration
processes as one of the main forces that reform the structure of the international system.
HISTORICAL DEVELOPMENT OF THE CONCEPT OF INTEGRATION
There have been many theories that have tried to explain this behavior and have varied
according to the political, economic and social context in which they arise. It is considered
that the first notion of "integration" has its origin in what is understood by "international
society", since as we recognize ourselves as entities immersed in a system in which we
share space with other actors, we see the opportunity to establish interactions while we
begin to recognize our weaknesses and threats. Hedley Bull (1977) points out that there
are three conceptions of international society: the "Hobbesian" where the States are
individualistic entities, the "Kantian" where it is possible the peaceful cooperation between
the States and the "Gramscian" that contemplates an international society where conflicts
may arise due to the divergence of interests, but there will be rules and institutions defined
to control them.
It is considered that the precursor of the integration theme itself is David Mitrany (1943),
through the theory of Functionalism. This theory highlights the functions that international
society must fulfill to meet the needs of humanity when they surpass its borders. After
considering the weaknesses of this theory, Neofunctionalism emerged from the hand of
authors such as Ernst Haas (1964), Joseph Nye and Robert Keohane (1971, 1977), a
theory that considers that the efficiency of integration will be more subject to the
magnitude of the benefits that States receive that to the purposes themselves.
Neofunctionalism explains integration by emphasizing the process, that is, in which there
is a progressive integration, and not in the goal of building a federal or supranational
structure (Morata, 1999).
This theory highlights the importance of the political sector in the integration process,
arguing that the initiative and commitment of the States to achieve the consolidation of a
process that translates into real collective benefits is vital. Regional integration as a
process is intrinsically sporadic and conflictive, in which, under democratic conditions and
pluralist representation, national governments are more imbricated in regional affairs, and
end up solving their conflicts by granting more authority and greater faculties to the
international organizations that they have created (Haas, 1954, 1958 ).
For Haas, the hypothesis that countries should be integrated solely by the economic
benefits obtained from it is not valid. He states that interest in economic benefits does not
last over time, since it is not based on philosophical and ideological commitments. It
considers that the political processes built on pragmatic interests will be fragile processes
and prone to be reversed.
This is the argument used by the author to explain, from his point of view, why the
integrationist processes have not prospered in Latin America, unlike Europe, where
although the processes started being economic they had ideological bases. We have
observed it since the creation of the League of Nations, later in The Schuman Declaration
(1950), among other historical moments.
The conceptual tool par excellence of functionalism and later of neofunctionalism is the
spill-over or spill. Ernst Haas always defended this instrument since the spill refers to the
way in which the creation and deepening of integration in an economic sector would create
pressures for greater economic integration within and beyond that sector.
Joao Breda (2004) considers that the decisive contribution of neofunctionalist theory is the
conceptualization of the logic of integration that, after having started in areas of "low
politics" limited in a very clear way, currently encompasses vast sectors of "high politics",
covering the most varied aspects of the societies of the Member States.

REGION CONCEPTS FROM THE NEOFUNCTIONALISTIC VISION OF


INTEGRATION
To address the issue of regional integration it is essential to review what is meant by
"region", what elements it covers, how it is defined and what its development has been.
The word "region" is defined by the Dictionary of the Royal Spanish Academy as "a portion
of territory determined by ethnic characters or special circumstances of climate,
production, topography, administration, government, etc.". However, in order to carry out
this research it is necessary to analyze the term "region" beyond its geographical
conception, without ignoring that it is a factor taken into account by different authors when
defining the concept.
For Joseph Love, the region has a geographic size and a defined location, but emphasizes
that it must be integrally related to a "larger unit" (could be the Nation-State or the entire
American continent) and its time with other entities that are part of this. The region is
defined, it generates loyalties on the part of its members which, in turn, are usually
subordinated to loyalty towards the "greater unit" (Love, cited by Clemente, 2010).
From the concept that Love proposes, the distinction of "border regions" stands out, which
can be a unifying engine within the construction of an integration or, on the contrary, an
obstacle in the process. As happened with the political frictions on the Colombian-
Ecuadorian and Colombian-Venezuelan border.
Regarding the development of the regions, Sergio Boisier (1994) distinguishes three
classifications or modalities: "pivotal regions", "associative regions" and "virtual regions".
The first are the minor political-administrative units, formed on historical bases and with a
strong identity. The "associative regions" are formed from the union of neighboring "pivotal
regions", which must be a voluntary and autonomous political decision and not imposed by
a political center external to this unit. The "virtual regions" are the result of the union of
"pivotal regions" or "associative regions" regardless of their territorial proximity, that is,
without taking into account whether they are neighboring or not. It is said that the latter are
a response of the other two modalities to globalization, as a strategy to achieve certain
objectives or interests through contractual agreements.
The classification of regions that Boisier proposes is very useful for dimensioning the
concept and taking into account that, according to these definitions, the proposed Latin
American integration would be a "virtual" one, since it would be a region of abstract nature
created to from the needs of each unit, regardless of the territorial continuity of these.
HISTORICAL DEVELOPMENT OF INTEGRATION IN LATIN AMERICA
Economic integration: initial integration engine
When talking about regional integration, it is essential to analyze, in the first instance, what
motivates an actor to establish links and alliances with another, in such a way that this
means is conceived as the most suitable way to achieve development.
Historically it has been shown that the first reason why one party is willing to interact with
another is for economic reasons. Trade and exchange, specifically, have been the engine
par excellence of these approaches among actors of the international system. Not
exclusively because the strategic location and regional agreements facilitate the entry and
exit of goods and services, but also because this also leads to a strengthening of
economies, to increase their competitiveness from their status as an economic block and
not as an independent state struggling for positioning in the international market.
This is what Miguel Teubal (1968) states in the article "Europe and Latin America in the
face of Economic Integration", when talking about the elimination of tariff barriers in order
to reach a common market of goods and production factors. This happened in Europe
from the creation of the European Economic Community (EEC), as in Latin America, with
the creation of the Latin American Free Trade Association in 1960 as a fundamental step
towards the gradual establishment of a common market in our region.

RELEVANCE OF THE POLITICAL ASPECT IN THE CONSTRUCTION OF A


SOLID INTEGRATIONIST STRUCTURE
Adolfo Barrera Fuente Alba (2002) emphasizes that the collaboration of state governments
is essential to achieve successful integration, and although their analysis is based on
economic aspects, political factors are considered as having great influence in the process
and They can condition the success or failure of this. Among the political factors referred
to are the foreign policy of each country; they must unite to make joint decisions so that
they can delegate the processes to supranational bodies that centralize the interests of the
community.
For neofunctionalism, the "politicization" of integration is key when establishing links that
are sufficiently strong and lasting. The inclusion of the policy in the integration processes
would be the step after the first approaches in the "technical socio-economic" or "low
political" areas. This political integration would consist of the will of the States to renounce
the formulation of independent foreign policies and even internal policies, and to cede this
power to an international organization that integrates the system in a harmonious and
productive way, but does not ignore national interests. . It is then a transfer of powers to
the supranational arena in search of a much more efficient route to achieve the objectives
of the Nation-State (Haas, 1964).

FACTORS THAT HAVE DIFFICULTY INTEGRATIONIST PROCESSES IN


THE REGION
Although in Latin America integration processes began to take place simultaneously with
other regions of the world, they have not managed to reach the same advances that have
been achieved in regions such as Europe.
Several authors have tried to explain in some way the reasons why our region has been
elusive to the creation of a complex and successful integration model.
Adolfo Barrera (2002) highlights several key points that represent a weakness for our
region in the issue of integration, which basically consist of a series of domestic issues
common to most states in Latin America. Among these weaknesses, the following stand
out:
Customization of the policy: The objectives and interests of Latin American states tend to
be subordinated to the interests of governments and not to state policies. The "rise of shift
leaders", as the author calls them, tends to limit and deteriorate democracy. In addition,
Latin America lacks a solid "institutional structure" where the organs of the institutions
have a preponderance over presidential interests. This is reflected in the CAN Secretariat,
which does not represent the organization and is overshadowed by the Presidential
Council, which hierarchizes and replaces the other bodies, reducing the harmony and
articulation of the system (Tremolada, 2011).
Efficiency of the State: It is considered that the state administration in Latin America is
inefficient due to the lack of capacity of the governments to face the most rooted problems
in Latin American society, such as corruption, common crime, armed groups and drug
trafficking.
Institutional regulation: The region highlights a lack of regulation and adaptation of internal
institutions so that they can be integrated and complemented with other legislations.
Josette Altmann and Francisco Rojas (2007) try to summarize the causes of the
stagnation of Latin American integration and compile them in three paradoxes:
There is more democracy, but a growing part of Latin Americans is questioning its ability to
improve their living conditions.
There is more growth, but poverty is still at very high levels.
Although there is a strong rhetoric that shows implicit political will for integration, the fact is
that integration processes tend to fragment more and more.
Similarly, these authors highlight another series of characteristics of the system that have
slowed down or stalled the existing processes: No progress has been made in
strengthening the integration schemes in large part due to the lack of political will as
governments do not they grant sufficient supranational authority to the integration
agreements and institutions (national structures prevail), weakening the institutions and
their capacity to influence.
The different approaches on the ways in which the region should be integrated into the
world intersect with very different political ideological visions and options. These range
from privileging more the political to the economic and the social, which becomes one of
the main problems that Latin American integration must face. However, it should not be an
excuse for the States, especially when regional integration is increasingly demanded as an
instrument to achieve greater international positioning.
Another important point is the impulses of trade liberalization that tend to create gaps
within the same region. A country can even feel excluded when confronting its interests
with those of the rest of the region. Evidence of this are the blocks that arose within the
CAN, product of political divergences among its members: on the one hand, we find the
Ecuador-Bolivia block that shares reformist policies and Colombia-Peru, which, on the
contrary, is governed by more liberal policies. Peru, on the other hand, has achieved its
successful insertion in the world economy, which has implied at the same time a
distancing from the Andean Community, which is not an important part of its foreign policy
agenda (Olano, 2011).
The balanced and equitable development of all the countries of the region constitutes one
of the main objectives of the integration according to the Inter-American Development
Bank, for which it is necessary that the inequality gap between them be considerably
reduced. In the long run, the gaps move the region away from an integration process with
advantages and uniform results.1

INFLUENCE OF INTERNAL ACTORS IN THE INTEGRATION PROCESS OF


LATIN AMERICA2
The issue of integration, and in this specific case, the experience of the Andean countries
in the integration processes, seen as a political phenomenon rather than just from the
economic point of view, supposes two variables that modify in some way the processes in
the region. First, the issue of political will must be raised. Many authors point out the
absence of political will as an explanatory variable of the failures in the achievements of
integration. However, the category "internal politics" remains untested. Second, the
dilemma of the internal versus the external is raised and the problems to establish political
priorities from the internal order and its sectoral, regional and political clientele pressures
that affect the capacities of the States in assuming leadership positions or maintaining
their position for a long time. In this second part we discuss around the problem of the
levels of analysis, classic debate within the discipline of International Relations, which
allows to investigate in a more specific way, looking inside the elements of the State.
The links between International Relations and domestic politics have been studied for a
long time, which does not generate further discussion. It is accepted that both levels
interact with each other. In establishing the idea of different "images" to interpret reality,
Kenneth Waltz was proposing not so much a method of analysis, as a problem of
perspective, a focus from which we can observe the behavior within the system and find
explanations of why these behaviors . A broad body of literature in international relations
has examined the behavior of sub-national actors, both in their influence or incidence on
the formulation of the State's foreign policy, and in their interference, direct or indirect,
desired or unwanted, in the political relations at world level, or involved in bilateral relations
between States. In the case of the Andean region, the effects of illegal drug trafficking are
now evident, and in Colombia the presence of FARC guerrillas and criminal gangs. But we
must include within this analysis other internal actors to the States, such as interest
groups, domestic institutions, civil society, non-governmental organizations, producers'
associations, trade unions, political parties, church, among many others that have capacity
for relations transnational, which generates what Gourevitch calls "Second image
reversed" that is, the impact that international pressures exert on internal political actors
and the consequences that these have in turn on the international level.
While the problem of the levels of analysis worked by Waltz and JD, Singer raises more
questions than solves, helps to tune the possible interactions that occur from within the
State as a political unit, then seek to explain the conduct of the State ( Gouveritch, 2006,
p.312). System-level analysis keeps domestic policy constant and focuses on exploring
variations in the international system. This model that explains the behavior of the units
(States) as determined by the effects of the structure of the international system is
characteristic of the realism that assumes the State as a unitary and rational actor. The
behavior of the State is then according to its intentions (interests, mediated by its systemic
possibilities (power) .Therefore the need to concentrate attention at the systemic level.In
the terms of institutionalism, institutions make possible the cooperation within an anarchic
system (Gouveritch, 2006).

INFLUENCE OF EXTERNAL ACTORS IN THE LATIN AMERICAN


INTEGRATION PROCESS
The public policies adopted by the States in terms of integration are constantly affected by
external actors. We can not ignore in this study the influence exerted by both the
European Union and the United States on the behavior of Latin American countries.
Torrent (2008) refers expressly to the European Union in relation to the following points: 1-
Attempts to export the European integration model to Latin America. 2- For excellence, the
continent has supported the integration processes, granting benefits to institutions such as
CAN, among others. 3- But, there is also doubt about their support for integration when it
gives greater benefits to bilateral programs (Mexico-Chile case) to countries that are not
part of strong regional integration processes.
The United States is a common denominator in Latin American history, from support to
pro-independence processes such as Cuba, through its policies of political, military,
economic and social interventionism, which is why it has played an important role in the
configuration of relations between the countries of the region (for example, the so-called
"Pro or" Anti-Yankees ").
There is a conception that Latin American countries no longer depend so much on the
United States, but that the relationship has been transformed into interdependence.
Perhaps in this look concrete facts, such as the failure of the FTAA, the constitution of the
South American Defense Council and the growing diversification of the region's links with
the world. But authors like James Petras (2007) differ from this view, presenting four areas
in which he considers that the United States has increased its influence. The areas are the
following:
Bilateral Trade Agreements: Signed with Peru, Colombia, Central America, Mexico, Chile,
Uruguay and several Caribbean States.

Programs and military training bases: Presence of bases operating in Paraguay, in


Ecuador (Manta), Brazil, El Salvador, Aruba and Colombia. In addition, "joint military
operations and military training programs are carried out every year in all Latin American
countries, with the exception of Cuba and Venezuela, and arms sales and military aid to
center-left regimes have not been interrupted."
Economic Presence: "Between 2003 and 2007, the North American services and energy
companies, installed in Latin America, obtained monumental profits from the historical
increases in the prices of oil and metals."

The neoliberal rise: "While many political parties in Latin America criticize neoliberalism in
their electoral campaigns, very few, if any, have renounced the doctrine of the free market
once they came to power."
Neoliberalism is important to take into account when analyzing the reality of the
governments of the region, since in the attempt of the Latin American countries to insert
themselves in a globalized context they were mostly adopting the neoliberal model at both
the political and economic levels. .
This was a gradual process in which Chile initially entered at the beginning of the
seventies, during the Pinochet dictatorship, followed by Uruguay and Argentina; Bolivia
and Mexico took it in the mid-eighties and Colombia took the first steps at the end of this
decade, followed by Paraguay, Peru and Venezuela. But it was in the nineties when the
rest of the region adopted these changes, including Brazil, Ecuador, Central America and
the Caribbean (Fernández, 1999); because of the great pressure exerted by the measures
contained in the Washington Consensus - reaffirming the influence of the United States.
Therefore, authors like Cassen (2009) adopt a radical position on the negative impact of
this country as an external actor, and concludes that within this new context "Latin
American unity is built within the framework of a geopolitical vision of autonomy with
respect to to Washington. "
Likewise, it is appropriate - to add without pretending to justify the actions of the States -
that the international agenda has been very diverse and demanding in recent years (due to
changes in the schemes and configurations of the system) in bilateral, subregional,
hemispheric and multilateral matters, which It has also been very uncertain and unstable.

INCLUSION OF THE POLICY IN THE INTEGRATION PROCESS


In the process of creation of the European Union, neofunctionalism proposed a series of
steps or stages through which, gradually, a stable long-term system could be reached by
integrating more deeply the States, through political, economic and social ties. Marcela
Krell (2005) organizes and lists these stages in the following way:
"Modest integration" in strategic economic sectors (coal and steel, in the case of Europe).

Supranational authority that does not ignore national interests.

Integration of other national sectors, creating functional pressures for the rest.

Transfer of social loyalties, from national sovereignty to the supranational arena where the
new "significant" authority is located (fastest way to satisfy their interests).
A deep economic integration generates the need for a certain regulatory complexity
translated into greater institutionalization.

Political integration as a consequence of economic integration.

The economic integration added to a supranational institutionalization.


The restriction of the supremacy of community law over national law has not allowed a
compenetration of States at this higher political level. Generally, in these spaces decisions
have been taken unanimously. Due to the current demands of the system, having
demonstrated the need for integration, "we must move from a decision-making system
unanimously to one in which a system is used that is more appropriate to the current
political reality, such as the taking of decisions by majority "(Insignares, 2007).
Autonomy and validity should be the main material and immaterial tools that should be
granted to an organization of this nature so that it can be adapted to changes in the
national and international context of the States, with the ultimate goal of generating the
development expected from they.
Pedro Canovas (2002) identifies the current trends of political regimes and public life in
Latin America, pointing out among these the perspectives of change presented:
Substitution of the current regimes of the unipersonal power of the president, by formulas
of collegial power characteristic of the parliamentary system.

The process of increasing integration of Latin America.


The demand for ethics in public life, with the consequent participatory, social and pluralist
tendency of the new democracies.

RESULTS
In the gradual development of Latin America, the existence of an ideological and structural
fragmentation is very evident, which is reflected in the emergence of a considerable
number of integration initiatives that, at the time of materialization, none of the parties
involved committed themselves without reservation, it is To say, we can speak in terms of
Altmann and Rojas of a "superposition of initiatives" mostly weak. Integration as the
ultimate goal has suffered contextual tearing; In the words of Andrés Serbin (2009): "The
region tends to be more fragmented, torn by multiple centrifugal forces".
After examining in detail the importance of the political aspect within the integration, it can
be affirmed that the unification in high political issues, as a key point that determines a true
integration according to the neofunctionalist perspective, constitutes the "Achilles heel" of
this process in our region. This is reflected in the low degree of connection that exists in
issues related to the policies of Latin American society. Among the concrete mechanisms
to counteract this aspect, we find the creation of public policies that generate
transcendental changes at the national and regional levels that are sufficiently stable and
resilient while remaining sensitive to the changes and adaptations that the system
demands in the future.
One way to accomplish this is through "the appropriation by the institutions of productive
development, technical training and research centers of new organizational criteria,
intervention and evaluation of results" (Zurbrigguen, 2008).
Another aspect that should be promoted by countries as a state policy is education at all
levels. Authors such as Marta Panaia (2009) state that in an integrationist context, what
should be strengthened is quality higher education, in which, during the training of citizens,
they are instructed on the benefits of integration, allowing the At the moment of facing the
working world, use your knowledge to help the development of it.
The existence of a degree of interdependence among the Latin American States can not
be ignored, since despite the political divergences that have fragmented the region in
recent years, there are many historical, cultural, social and economic ties that unite them.
However, the intention to place the Latin American community as a priority in the foreign
policy agenda of each country has not yet been clearly expressed and, on the other hand,
the tendency to seek agreements of a bilateral nature with other external actors is evident.
regional system such as the United States, the European Union and Asia. The foregoing
demonstrates the interest of the countries in reaching a world position on their own,
wanting to achieve individual objectives and leaving the actions of the "regional bloc" in the
background.
As was discussed at the II Summit of South American Presidents in 2006, integration must
be assumed as a political-strategic project that can project a stronger and more
competitive presence of Latin America in the world. Through the strengthening of the
dialogue, it was proposed to project integral and equitable development models that
operate in accordance with At the beginning, such as: "solidarity, the search for equity, the
overcoming of asymmetries and respect for the territorial integrity and self-determination of
peoples".
Without losing sight of the importance of the political will of the States for the emergence of
an efficient integration system, the role played by society in the process must be taken into
account, especially when the conception of integration comes from recognizing ourselves
as a society immersed within the international system. It is from the current society that the
will to build a unifying regional identity must emanate, since currently the majority of the
Latin American population prefers to defend and work for economic integration and the
magnitude and / or relevance of political integration. According to the article published by
INFOLATAM on the results of the 2008 Latin Barometer, "73 percent of Latin Americans
favor economic integration in the region, while a lower percentage, 60 percent, also
advocate political cooperation , eleven points less compared to the 2002 measurement ".
It is then, thanks to the recognition of the role that society plays in Latin American
integration processes, that it opens the way to a structuring and work for an institutional
framework in which all the involved actors contribute with high levels of incidence to the
achievement of an integration solid and better positioning at the international level.
CONCLUSIONS
Integration in Latin America has emerged largely as a result of government policies and
from needs that originate at specific times, providing benefits only to the actors directly
involved during that period. This situation allows us to understand why the
integgregationist initiatives that have taken place in our region did not prosper once the
interests of the governments changed.
When analyzing the different suggestions given by critics regarding Latin American
integration, we note with concern that although they were pertinent approximately 50 years
ago, they were not taken into account and therefore still apply today. The foregoing shows
that progress has not been made at the pace demanded by the system, and because of
this, the region has been deprived of a number of opportunities for its joint growth.
Political integration, as well as in other sectors, can not continue to be seen as an option
before a range of possibilities, but as a need of the States. In order to prevent this trend
from perpetuating itself in the new proposals, it is strictly necessary that the processes be
positivized in each Latin American country as State Policies, giving margins only to the
improvement of them.
Regarding the future of the Union of South American Nations, it is necessary to further
develop the institutional structure that is intended to establish and define the legal
frameworks, as well as the competencies of the entire body, which will delimit the scope of
the same.
One of the proposals to be considered, besides the strengthening of UNASUR, is the
expansion of said organization, since in view of the emergence of a prosperous integration
system of a bourgeois nature, it would be appropriate to include the other Latin American
States (Central America and Caribbean).
Within each Latin American country lies the direction that these integrationist attempts will
take in the future, as long as along the way they overcome the obstacles born in the
distrust and incompatibility of political ideologies. It is unfortunate that a region that boasts
great human capital and wealth like ours has been relegated by multiple conjunctural
factors that have occurred over time.

SECOND DELIVERY

THEORETICAL FRAMEWORK:

Since the creation of ALADI and the Andean Community, Colombia has sought to deepen
its trade with its "natural" partners, that is, neighboring countries. Through the
aforementioned agreements, as well as others, Colombia has sought to internationalize its
economy and strengthen its commercial ties with countries with which it shares a history,
language and indissoluble culture. Thanks to this, Colombia has been able to sign free
trade agreements with all the Latin American countries that have been willing to negotiate.
On several occasions, Colombia has expressed interest in negotiating with the few
remaining Latin American countries, but has not succeeded. Despite the above,
globalization requires opening as many doors as possible to Colombian exports. Likewise,
negotiation with countries different from the neighbors allows us to protect ourselves from
the economic difficulties that developing economies undergo at certain moments in their
history, thus protecting the national economy.
All free trade agreements are not the same. They vary in their coverage and depth. That
is, not all cover the same issues and the level of commitments assumed by the parties
(signatory countries) in the topics covered is not always the same. At a minimum, free
trade agreements must contain rules and procedures regarding most of the goods that can
be traded between the parties (tariff universe). The other its renegotiation or termination.
This is done through a procedure regulated by the same treaty and by international law,
which is known as "denunciation" of the treaty.

The guarantee that the negotiations are carried out for the benefit of the country and not a
few is the participatory democratic process through which the treaties are adopted. This
procedure consists of multiple instances of discussion, revision, approval and ratification,
which are regulated in detail by the Constitution.
• In the first place, Colombia's negotiating position is built after a long process of
consultations between the various government entities, businessmen, production
associations, social organizations, universities and the Congress of the Republic itself.
• Secondly, the decisions at the negotiating table are not taken by the negotiators in an
unconsultated manner, but after a process of agreement between the various state
entities. The most important decisions are taken by the President of the Republic and his
Ministers, meeting in the Superior Council of Foreign Trade.
• Third, throughout the negotiation process, the Congress of the Republic and the control
entities, such as the Attorney General's Office and the Comptroller's Office, receive reports
on the progress of the negotiations. The plenary sessions and commissions of the
Congress allow a wide space of national discussion on the debated topics.
• Fourth, if the Government finally decides to sign the treaty, it passes to the Congress for
approval or rejection. This procedure takes about a year, since it requires approval in
commissions and plenary sessions of the Senate and the House of Representatives.
• Finally, if the treaty is approved by Congress, it automatically passes to the prior control
of the Constitutional Court, in order to verify that it is in accordance with the Political
Constitution. This long democratic and participatory process, carried out by various
independent entities and with the participation of citizens, is what allows international trade
agreements not to become laws of the Republic without having the necessary checks and
balances to guarantee that they are subscribed for the benefit of the country.

Among the benefits of the FTA we have:


• Increases in productivity thanks to the liberalization of trade in services.
• Leveling the conditions of competition against other countries that have gained access to
important markets by signing free trade agreements with Brazil, Argentina, the United
States, Canada, and the European Union.
• Modernization of entities linked to foreign trade and with that, a reduction in transaction
costs due to greater efficiency in operations and procedures.
• Better preparation of the country, both in the institutional and productive areas, to insert
itself in the global economy and to deepen relations with other business partners in
processes and organizations such as the FTAA and the WTO.
However, it is important to remember that FTAs do not generate changes on their own.
They simply open up opportunities that countries may or may not take advantage of. It is
necessary to accompany the agreements with internal policies of development and
logistical and normative adaptation that allow to "extract juice" to the treaties.

It is very difficult to speak in generic terms of the disadvantages inherent to signing free
trade agreements, since as long as there are more trade flows with fewer obstacles, the
countries benefit. In this sense, the disadvantages of signing FTAs depend on the
negotiating positions wielded by the countries in the negotiations, as long as they do not
reflect the interest of all those affected by them.
The loss of the advantages is due to not being able to sell the production easily in some
countries, because those that have agreements will be able to do it in better conditions.
You will find, for example, that the purchasing countries will remove or reduce their tariffs
for those with which they have agreements, and will keep them for the others. Likewise,
the possibilities of attracting national and foreign investment will be reduced, since a
significant portion of the companies will seek to establish themselves in the countries that
offer the best conditions for the sale of their products. As a consequence, national
production will lose the opportunity to grow more and generate more employment.

The main objectives of the negotiations are:


• Improve the welfare of the population through better jobs and greater economic growth
based on increased trade and national and international investment.
• Expand sales of Colombian products and services abroad, both in terms of number and
quantity as well as destination countries.
• In particular, it is expected to expand sales of agricultural products abroad.
• Ensure that the agreements are favorable for the provision of services and promote the
export of them.
• Provide investors with a more stable and secure business environment.
• Ensure that Colombian exporters can participate in equal conditions in purchases made
by the public sector in other countries.
• Look for precise rules on aid that countries give directly to their producers, so that there
is equality of conditions and not create distortions in trade. Also, have clear measures on
trade restrictive practices applied by some countries and promote standards to address
anti-competitive practices.
• To seek that intellectual property has reasonable levels of protection (in order to
encourage the production of goods, services and artistic and literary creations in
Colombia), but without compromising the health of the population or the possibility of
having medicines and other products at prices accessible to the public. Likewise,
limitations and exceptions to intellectual property rights are negotiated.
• Generate conditions that achieve greater transfers of new technologies from other
countries.
• Design an effective system for the solution of disputes that arise during the treaty.

The most ambitious free trade agreements that are negotiated today include the following
topics:
Access to markets: Its main objective is that Colombian products can be sold abroad
without tariffs or administrative obstacles. In exchange, other countries are allowed to sell
their products to Colombia under similar conditions, except for certain very sensitive
products that may be excluded from trading.
For this purpose, reasonable terms are agreed for the dismantling of tariffs that allow
companies to adjust their production. It is also agreed to eliminate other restrictions
applied to trade, such as unnecessary customs procedures.
Services: It seeks to eliminate the obstacles to trade in services that countries may have in
their respective laws. The agreements allow the development of transparent rules of the
game.
In these negotiations, countries may reserve some restrictions they wish to maintain over
strategic sectors, such as national defense. Some of the service sectors that are
negotiated are: banking, telecommunications, medical services and professional services
to companies.
Investment: In general terms, we seek to establish fair and transparent rules that promote
investment through the creation of a stable environment without unjustified obstacles. This
is done in order to attract the necessary capital to develop. In the same way, it is planned
to protect Colombian investors in the United States, so that they receive treatment equal to
that of the Americans with respect to their investments in that country.
LEGAL FRAMEWORK:

Foreign Trade in Colombia is based on the Political Constitution of 1991, which derives the
rest of the rules that govern the matter. As enshrined in its articles 150 (numerals 16 and
19) and 189 (numerals 2 and 25), the Constitution delegates the function to both the
President of the Republic and the Congress to regulate and complement the subject in
order to obtain a legislation based on the principles enshrined in it and the standards that
complement it, thus being able to boost the economy of the country. Similarly, articles 2, 2,
224, 226, 227, 310 and 336 find topics directly and indirectly related to the subject of
foreign trade and related matters. Under this premise, it is understood that both the
organization and the functioning of the matter are configured with two elements: (i) the
international law that binds Colombia through agreements, agreements, contracts, treaties,
etc. subscribed and approved by the latter in the manner foreseen in our legislation and (ii)
the internal legislation that is in charge of handling by individuals subject to it. Having
explained the above, it is important to bear in mind the supranationality of international law
and also to take into account the sources of international economic law49 in order to know
the limitations and parameters that exist in our legal framework.

The procedure for signing an agreement, treaty, etc. International is basically limited in that
the Executive negotiates the content and the Congress of the Republic approves it, thus
incorporating it into the internal legislation and at the same time giving it a rank superior to
the existing normativity. The fundamental requirement of this procedure is the approval of
the Constitutional Court when that said legislation will not be able to enter the scope of
normative application if before it is not proven that it does not contradict our constitution.
When the essential requirements are met, these rules start to enjoy the supranationality
mentioned above, which exceeds the internal rules that regulate the subject in our country.

On the other hand, within the internal legislation is Law 7 of 199150, which is called the
framework law of foreign trade, which highlights the following measures: (i) as a general
framework is the principle of freedom, incorporating internationalization of the economy as
a fundamental measure, (ii) it limits the exclusive and permanent participation of public
sector entities in imports and exports, (iii) it allows the possibility of granting tax credits or
deferred export tax payments for goods imported for the production of other similar
services and imported technology; (iv) allows the activity of services in the Colombian free
zones, opening the possibility of carrying out tourist free zones, allowing the operation of
private free zones and finally the privatization of those that already exist, (v) contemplates
the establishment of mechanisms of variable tariffs for the agricultural and agroindustrial
imports according to the variation of international prices, (vi) incorporates the general
guidelines to protect domestic production of unfair trade practices and (vii) gives guidelines
for the regulation of a special regime for border areas.
On the other hand, there is Law 9 of 1999, called the International Exchange Framework
Law, which gives greater freedom to the handling of payments derived from foreign trade
operations and other transactions between residents of the country with residents abroad.
. The main purpose is to promote the development economic and social and also the
exchange equilibrium, taking into account the principles of economy, speed, efficiency,
impartiality, publicity and contradiction.

CONCEPTUAL FRAMEWORK:

Minimum access - Current access. It refers to the volume, quota, or import quota
(determined quantitatively) of a given product for which a country accepts conditions of
entry to its market under preferential tariff conditions to additional imports that exceed the
volume determined in the quota, which enter, normally, with much higher tariffs. Usually, it
refers to the products that were fixed tariff in the Uruguay Round and the General
Agreement on Tariffs and Trade, GATT.

Partial Scope Agreement (AAP). It refers to trade agreements that do not cover the entire
tariff universe or all trade rules and disciplines and that generally refer to a limited number
of countries within a given trade grouping, and operate bilaterally although they can have
payrolls of products common to a group.
Economic Complementation Agreement. Agreements between two or more countries in
order to encourage, stimulate and complement productive activities located in their
territories, in favor of facilitating trade and encouraging investment and capital movements.
General Agreement on Tariffs and Trade (GATT). In 1946, the Economic and Social
Council of the United Nations convened the "International Conference on Trade and
Employment" within the framework of which it was intended to constitute the International
Trade Organization. The conference was finally held in 1947 in Havana, Cuba; but no
agreement was reached, except for the signing of an agreement on disciplines and rules of
trade GATT that sought to make freer trade possible. Despite its provisional nature, the
GATT became the only multilateral agreement regulating international merchandise trade
from 1948 until the establishment of the WTO on January 1, 1995. The general principles
of the GATT survive as GATT 1994 , which is a modified and updated version of GATT
1947. It forms an integral part of the WTO Agreement and continues to establish the
fundamental disciplines that affect international merchandise trade. The WTO is the
crystallization of the results of the Uruguay Round and the successor to the General
Agreement on Tariffs and Trade (GATT). The WTO covers trade in goods and services,
and trade in ideas, also known as intellectual property.

General Agreement on Trade in Services (GATS). Agreement negotiated during the


Uruguay Round of the GATT, through which the first set of multilaterally agreed and legally
applicable rules and disciplines is defined, in order to improve and make trade in services
more transparent. The scope of the agreement extends to all services that are subject to
international trade, whatever the form in which they are provided.
Customs clearance. It refers to the valuation in Customs of the goods imported through the
qualified customs agents for said action. The concept in customs valuation is clearly
established in GATT / 94 as well as in other more recent trade agreements. The customs
valuation sets the tax base to determine the amount of customs duties or import taxes that
will be applied to each merchandise.

Market Price Support (APM). Transfer farmers who artificially raise domestic prices of
agricultural products through restrictions on imports of those same products or subsidies to
producers. The support for the market price per unit volume (ton) of production is called
the APM unit.

Andean Community of Nations (CAN). Subregional organization constituted by Bolivia,


Colombia, Peru, Ecuador and Venezuela.

Dumping. Commercial practice consisting of selling a product in a foreign market at a


lower price than it has in the domestic market.

Common Market. Form of economic integration that eliminates all internal barriers to trade,
harmonizes trade policies with the rest of the world and allows free mobility of labor and
capital among member countries.

MERCOSUR Common market of South America. Regional grouping formed by Argentina;


Brazil, Paraguay and Uruguay. On March 26, 1991, in the city of Asunción of Paraguay,
the "Treaty of Asunción" was signed for the Constitution of a Common Market between
these countries.

North American Free Trade Agreement (NAFTA). Trade agreement covering Canada,
Mexico and the United States, implemented on January 1, 1994, with a transition period of
15 years. The major agricultural forecasts include: elimination of non-tariff barriers -
immediately to implementation, generally through the conversion of these to tariffs;
elimination of tariffs (tariffs), some immediately, most within 10 years and some other
sensitive products gradually to more than 15 years; provisions for special safeguards; and
rules of origin to ensure that Mexico does not serve as a platform for exports from third
countries to the United States.

Technical, sanitary, phytosanitary and zoosanitary standards. To avoid the use of


technical, sanitary, phytosanitary and zoosanitary norms and requirements imposed on
imports, in order to constitute unjustified barriers to trade, the World Trade Organization,
within its commercial legal framework, implemented the Agreement on the Application of
Sanitary and Phytosanitary norms and the Agreement on Technical Barriers to Trade,
which set out the principles, conditions and procedures within which it is permissible to use
these measures.

Organization for Economic Cooperation and Development (OECD). Organization founded


in 1961 to promote economic growth, employment, increased living standards and
financial stability; to assist the economic expansion of non-member members and
developing countries: and to expand world trade. The members are Australia, Austria,
Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece,
Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, Mexico, Holland, New Zealand,
Norway, Poland, Portugal, Spain , Sweden, Switzerland, Turkey, United Kingdom and the
United States.

Intellectual property. It seeks to ensure effective protection of intellectual rights that gives
exclusive power to its owners, and monopoly rent to investors, such as patents,
trademarks and copyrights. The agreement on the intellectual property rights of the WTO
promotes, for example, the priority of the private rights of companies, over those of local
communities over their genetic and natural medicine patrimony.

Uruguay Round The Uruguay Round of multilateral trade negotiations, conducted under
the auspices of the GATT, is a trade agreement designed to open up world markets. The
Agreement on Agriculture is one of the 29 individual legal texts included in the Final Act
under a general agreement established by the WTO. The negotiation began in Punta del
Este, Uruguay, in September 1986 and concluded in Marrakesh, Morocco, in April 1994.
System of price bands. It is a mechanism for stabilizing domestic prices through the setting
of a reference price "floor" and a reference price "ceiling" between which you want to
maintain the cost of importing a certain product. Stabilization is achieved by increasing the
ad-valorem (general) tariff when the international price falls below the floor level, and
lowering that tariff, to zero, when said price increases above the ceiling.

Solution of Controversies. Its mandate is aimed at establishing effective mechanisms for


overcoming differences, encouraging the use of arbitration and other alternative private
means for resolving possible conflicts. Under the WTO dispute settlement body, one
country can challenge laws, programs and policies of the other, as well as clarify trade
sanctions, if you acquire the status of winning country in the dispute.

Customs union. A customs union is an extension of the benefits derived from a free trade
zone. In addition to eliminating internal tariffs for member countries of the union, a
common external tariff (CET) is created for all countries, that is, any country of the union
that imports goods produced by another country not belonging to the union will apply to
these goods the same tariff. Customs unions usually also allow free movement of people
and capital throughout the territories of member countries, allowing the free acquisition of
consumer goods and businesses of the citizens of one country in the rest of the countries
belonging to the trade agreement. . The most outstanding example of customs union was
the European economic community, germ of the European Union (EU).

Free trade Area. In a free trade zone, the signatories of the treaty agree to cancel the
border tariffs among themselves, that is, among the signatory countries of the treaty the
prices of all the products traded among them will be the same for all the members of the
zone. . Thus, a country can not increase (through tariffs on imports) the price of goods
produced in another country that is part of the free trade zone. Examples of this type of
international trade agreements include the European Free Trade Association (Iceland,
Liechtenstein, Norway and Switzerland) and the North American Free Trade Agreement
(Nafta, for its acronym in English).

THIRD DELIVERY

KIND OF INVESTIGATIONTECHNIQUES FOR RESEARCH

1. The Observation. It is a technique that consists in observing carefully the phenomenon,


fact or case, taking information and registering for further analysis. Observation is a
fundamental element of any investigative process; the researcher relies on it to obtain the
largest number of data. A large part of the body of knowledge that has been recognized
through observation. There are two kinds of observation: non-scientific observation and
scientific observation. Basic research is based on intentionality: scientific research is
translated into a clear, defined and precise objective. The researcher knows what is
wanted. To observe not scientifically means to observe without intention, without definite
objective and therefore, without previous preparation.
2. The survey is a technique aimed at obtaining data from several people whose
impersonal opinions interest the researcher. For this, unlike the interview, a list of written
questions that are given to the subjects is used, so that they can also answer them in
writing. That list is called a questionnaire. It is impersonal because the questionnaire does
not bear the name or other identification of the person who answers it, since they do not
interest that data. It is a technique that can be applied to broader sectors of the universe,
much more economically than through interviews. Several authors call questionnaire to the
technique itself. The same or others, unite in the same concept to the interview and the
questionnaire, calling it a survey, because in both cases it is about obtaining data from
people who have some relationship with the problem that is the subject of research.
3. The signing is an auxiliary technique of all other techniques used in scientific research;
consists in recording the data that is obtained in the instruments called files, which, duly
elaborated and ordered, contain most of the information that is gathered in an
investigation, which is a valuable auxiliary in that task, saving a lot of time , space and
money.
4. The Test: It is a technique derived from the interview and the purpose of the survey is to
obtain information about defined characteristics of the personality, behavior or certain
individual and collective behaviors and characteristics of the person (intelligence, interest,
attitudes, aptitudes, performance, memory, manipulation, etc.). Through questions,
activities, manipulations, etc., that are observed and evaluated by the researcher.
Millions of theses have been created and developed that fit the researcher's needs or
goals. They are very used in Psychology (it is especially the Experimental Psychology) in
Social Sciences, in education; Currently they enjoy popularity for their application in new
branches of the Social Sciences, such as "Human Relations" and the Psychology of daily
consumption that uses magazines and newspapers to apply them. The Test constitute a
resource for scientific evaluation.

THE RESULTS OF RESEARCH AND DEMONSTRATE

In 2010, once the first decade of the 21st century is over, South American or Latin
American integration continues to be a yearning. Given the characteristics of the current
world, it is still utopian to speak of a feasible full integration. Among the challenges for our
nations is the need to establish economic complementarity and the promotion of
agreements in various aspects (social, economic, cultural, environmental, energy, among
others) that transcend the political-ideological differences of the region.
Taking stock, in our days there are sub-regional integration proposals (such as Mercosur,
the Andean Community of Nations, CAN, and the Central American Integration System,
SICA); proposals for trade integration around free trade agreements with or without the
United States; alternative proposals for integration (such as the Bolivarian Alternative for
the Americas, ALBA, which in its most recent version was renamed the Bolivarian
Alternative for the Peoples of Our America); and in recent years the proposals for South
American integration have taken hold: this is the case of the South American Community
of Nations, which resulted in the Union of South American Nations, UNASUR (Malamud,
2009, Bermúdez, 2010). From the previous balance, the most urgent for the thought of
regional integration would be to analyze why integration is needed, what kind of integration
is needed, what its scope would be and how it would be achieved; analysis that should
bear in mind the role that the South American region would play as a bloc in the
international scenario.

As proposals in the process of formation, it is important to pay attention to the dynamics of


Mercosur and UNASUR: the first, a process that was born as a medium-sized economic
grouping, but with its expansion and recent growth has opened the possibility of
strengthening a serious project that promotes the interests of the region; the second, as
the possibility of uniting efforts so that in the long term the desired South American
integration can be consolidated (Bermúdez, 2010).
If we think about regional integration and its current state in our continent, we must first
look at Mercosur as a mechanism of subregional integration that is in full force, even
acquiring an increasingly significant meaning in the political sphere. And parallel to the
previous process, the development of UNASUR should be observed, based on the joint
purposes signed within the framework of its constitutive treaty (Bermúdez, 2010).
One wonders if with the new historical and economic situations present at the beginning of
the 21st century, the necessary conditions may be created for Latin America to consolidate
an integration project based on mutual interests and benefits, which transcends the
political and economic levels, and with This is to escape from that traditional minimal
weight that historically has represented as a community. Success will depend a lot on the
ability to act in a united and coordinated way as a block, facing the obstacles and
difficulties posed by such a task. A task that should start by making effective the manifest
interest of the heads and heads of State and Government of the countries of Latin America
and the Caribbean, gathered in Cancun-Mexico during the "Summit of the Unit", who in
whose declaration end of February 23, 2010, they assumed the joint commitment to
intensify dialogue, coordination and interaction, with the purpose of deepening integration
and accelerating regional development; promote cooperation among the different regional
and subregional integration mechanisms of Latin America and the Caribbean; and
articulate common and complementary projects so that progress can be made in the
different dimensions of integration.

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