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1. Implementation of the WTO Investment Facilitation for Development Agreement: Identification of Reform Needs and Development Policy Measures

Author:
Axel Berger, Ann Margret Bolmer, Florian Gitt, Zoryana Olekseyuk, and Marius Metz
Publication Date:
01-2023
Content Type:
Policy Brief
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
More than 110 Members of the World Trade Organization (WTO), many of them developing countries and least-developed countries (LDCs), are negotiating a plurilateral Agreement on Investment Facilitation for Development (IFD). In contract to existing bilateral investment treaties that establish sweeping rules on investment protection and liberalisation, the IFD Agreement aims at increasing the transparency, predictability and efficiency of investment frameworks as well as improving inter-governmental coordination and international cooperation on investment matters. In view of the fact that WTO Members aim at concluding the negotiations by mid-2023, discussions are under way on how the IFD Agreement can successfully be implemented in developing countries, and LDCs in particular. The IFD Agreement includes a comprehensive section on Special and Differential Treatment, which grants developing countries and LDCs longer timeframes as well as technical assistance and capacity development to support implementation. The Agreement also foresees so-called needs assessments at the country level to evaluate countries’ readiness and support needs to implement the IFD Agreement. While such needs assessments have been extensively used in the context of the WTO Trade Facilitation Agreement (TFA), we lack insights into how such needs assessments can be operationalised in the context of investment facilitation and what kind of imple¬mentation challenges are prevalent, in particular in LDCs. To assess implementation gaps, barriers to successful implementation as well as national and international support actions, we conducted pilot needs assessments covering a selected group of IFD Agreement measures with a broad range of stakeholders in three LDCs, namely Lao People’s Democratic Republic (Lao PDR), Togo and Zambia. Our pilots indicate that 13 selected provisions of the IFD Agreement have not been sufficiently implemented across the three LDCs. In particular, 64 per cent of analysed provisions have only partially been implement, while the rest have not been implemented at all. These findings underline that, in order to benefit from the IFD Agreement, LDCs need substantial implementation support from the international community. The most striking, commonly identified barriers hindering the full implementation are lack of cooperation and coordination among investment-competent agencies, poor information management for investors as well as limited digitalisation and automatisation. To overcome these barriers, nationally identified actions may focus mainly on the creation of a single information portal for foreign investors and a single-window system to improve authorisation procedures, as well as a clarification of mandates and functions of relevant ministries and institutions. Our research also underlines the importance of a whole-of-government and multi-stakeholder approach. The establishment of a National Investment Facilitation Committee may prove to be an effective instrument to ensure coordination and communication between involved stakeholders. International support should complement national actions with technical assistance and capacity development in investment-related topics, improving information and communication technology (ICT) infrastructures and digitalised processes, as well as fostering the international exchange of best practices. Our pilot needs assessments emphasise that the WTO Secretariat and the negotiating Members should strengthen outreach activities to promote knowledge about the WTO IFD Agreement among national-level stakeholders. In general, our pilots underline that needs assessments are an important instrument for identifying persistent implementation gaps and tailoring technical assistance and capacity development to the demands of Members, especially LDCs.
Topic:
Development, Reform, Investment, WTO, and Development Policy
Political Geography:
Global Focus

2. Is Foreign Direct Investment Losing Clout in Development?

Author:
Axel Berger and Alexandros Ragoussis
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
Over the last decade, only a single projection of foreign direct investment (FDI) flows by the United Nations influential “World Investment Report” has proposed a negative outlook in the medium term. Based partly on surveys of business executives, these forecasts reflect ex¬pecta¬tions of investment growth which, however, have repeated¬ly failed to materialise. In fact, FDI flows to develop¬ing countries have remained stagnant over the past decade. Such wishful thinking is nurtured by a long series of positive narratives and facts about foreign investment. FDI has been one of the pillars of international development efforts for over 70 years. Its promise has not been limited to critical finance, but extends to longer term competitiveness through access to better technology, managerial know-how and, above all, prosperity through more and better paid jobs in the formal sector. From the old prescriptions of the so-called Washington Consensus to the hopeful Addis Ababa Action Agenda, the dominant development narrative has therefore favoured a rather indiscriminate pursuit of investment volume. This brief calls for rethinking of narratives and policies that help to improve the impact of FDI, based on secular trends that challenge our expectations. Four such trends stand out: First, while other sources of finance for development have grown considerably over the last decades, foreign invest¬ment has not followed the trend. Second, the kind of investment that is associated with stronger gains and longer term commitment in host economies – greenfield FDI – has also been in consistent decline as a share of total invest¬ment, while mergers and acquisitions and project finance have gained in importance. Third, the top 100 multinational enterprises (MNEs), accounting for nearly a quarter of global FDI stock, rely less on employment today than they used to in order to grow their foreign presence. Job creation, knowledge transfer and spillovers are therefore less likely to materialise through the presence of mega-firms and their corresponding investment at scale. Fourth, the growth of Chinese outward FDI within a strategic expan¬sionary political agenda stands to change rules and attitudes towards foreign investment moving forwards. We argue that, collectively, these trends invite a renewed conversation around the kind of foreign investment we want and expectations of this source of finance for develop¬ment. These facts obscure neither the broad benefits of FDI to developing countries, nor the value proposition of FDI attraction. Rather, they raise questions about expectations, priorities and the alignment of investment policy with the realities experienced across develop¬ing countries. To that end, we propose four priorities that stand to make a difference in the current context. We call for policy-makers to: 1) Place additional emphasis on retention of investment and linkages with the domestic economy. 2) Try new approaches for FDI attraction that focus on improving domestic investment facilitation frameworks. 3) Be selective as to investment sources and activities in order to mitigate political risks and align inward investment better with sustainable development. 4) Add evidence to improve our understanding of invest¬ment and inform decision-making. Overall, it is critical to engage in a serious multi-stakeholder conversation around expectations, actors and solutions that respond to the investment reality of today.
Topic:
Development, United Nations, Foreign Direct Investment, and Economy
Political Geography:
Global Focus

3. Quantifying Investment Facilitation at Country Level: Introducing a New Index

Author:
Axel Berger, Ali Dadkhah, and Zoryana Olekseyuk
Publication Date:
01-2021
Content Type:
Working Paper
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
This article introduces a new and unique dataset for measuring the adoption of investment facilitation measures at country level. The Investment Facilitation Index (IFI) covers 117 individual investment facilitation measures, clustered in six policy areas, and maps their adoption for 86 countries. This article presents the conceptual and methodological background of the IFI and provides a first analysis of the level of adoption of investment facilitation measures across countries participating in the investment facilitation for development negotiations in the World Trade Organization (WTO). Our dataset reveals novel insights. Countries which have lower levels of adoption belong to the low-income and lower-middle-income country group and are often located in Africa, the Middle East and to some extent Latin America and the Caribbean. The strong correlation between FDI and the IFI score shows that countries with the lowest levels of FDI, and thus in need of policy tools to attract FDI, have the lowest levels of adoption when it comes to investment facilitation measures. Our dataset has direct relevance for current policy discussions on investment facilitation for development in the WTO but also for domestic-level policy-making. Furthermore, the IFI provides the basis for a future research agenda to assess the design and impact of a future WTO agreement.
Topic:
Development, Investment, and WTO
Political Geography:
Africa, Middle East, Latin America, and Caribbean

4. The Implementation of the G7 and G20 Gender Equality Goals in Germany

Author:
Axel Berger, Sören Hilbrich, and Gabriele Köhler
Publication Date:
01-2020
Content Type:
Special Report
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
In recent years, the Group of Seven (G7) and Group of Twenty (G20) have placed increasing emphasis on gender equality. As part of this focus, the member states of both institutions have set out a series of objectives aimed at advancing gender equality. This report examines the degree to which these goals have been implemented in Germany. First, the gender equality goals that both institutions have set out since 2009 are presented and systematised. The report then investigates the current state of progress in Germany and describes measures that have already been undertaken to implement the goals.
Topic:
Development, Gender Issues, G20, Women, Inequality, and G7
Political Geography:
Europe and Germany

5. The Trade Effects of the Economic Partnership Agreements between the European Union and the African, Caribbean and Pacific Group of States: Early Empirical Insights from Panel Data

Author:
Frederik Stender, Axel Berger, Clara Brandi, and Jakob Schwab
Publication Date:
01-2020
Content Type:
Special Report
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
This study provides early ex-post empirical evidence on the effects of provisionally applied Economic Partnership Agreements (EPAs) on two-way trade flows between the European Union (EU) and the African, Caribbean and Pacific Group of States (ACP). Employing the gravity model of trade, we do not find a general EPA effect on total exports from ACP countries to the EU nor on total exports from the EU to ACP countries. We do, however, find heterogeneous effects when focusing on specific agreements and economic sectors. While the agreement between the EU and the Caribbean Forum (CARIFORUM), which concluded several years ahead of the other EPAs in 2008, if anything, reduced imports from the EU overall, the provisional application of the other EPAs seems to have at least partly led to increased imports from the EU to some partner countries. More specifically, the estimation results suggest an increase in the total imports from the EU only in the Southern Africa Development Community (SADC) EPA partner countries. On the sectoral level, by comparison, we find increases in the EU’s agricultural exports to SADC, Eastern and Southern Africa (ESA) and the Pacific. Lastly, in the area of manufactures trade, we find decreases of exports of the ESA and SADC countries to the EU, but increases in imports from the EU into SADC countries. While this early assessment of the EPA effects merits attention given the importance of monitoring future implications of these agreements, it is still too early for a final verdict on the EPAs’ effects and future research is needed to investigate the mid- and long-term consequences of these agreements.
Topic:
International Relations, Development, International Cooperation, Regional Cooperation, Treaties and Agreements, Manufacturing, and Trade
Political Geography:
Africa, Europe, South Africa, Caribbean, Asia-Pacific, and European Union

6. Investment Facilitation for Development: A New Route to Global Investment Governance

Author:
Axel Berger, Sebastian Gsell, and Zoryana Olekseyuk
Publication Date:
01-2019
Content Type:
Special Report
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
While global investment needs are enormous in order to bolster the implementation of the 2030 Agenda for Sustainable Development, developing countries are often excluded from global foreign direct investment (FDI) flows. Beyond economic fundamentals like market size, infra¬structure and labour, the impediments to FDI in developing countries relate to the predictability, transparency and ease of the regulatory environment. In contrast, tax incentives and international investment agreements (IIAs) have been found to be less important (World Bank, 2018). To harness the advantages of FDI, it is critical that governments have policies and regulations in place that help to attract and retain FDI and enhance its contribution to sustainable development. The 2030 Agenda and the Addis Ababa Action Agenda, thus, call for appropriate international frameworks to support investments in developing countries. In this context, the Joint Ministerial Statement on Investment Facilitation for Development adopted at the 11th Ministerial Conference of the World Trade Organization (WTO) in December 2017 called for the start of “structured discussions with the aim of developing a multilateral framework on investment facilitation”. Investment facilitation refers to a set of practical measures concerned with improving the transparency and predict¬ability of investment frameworks, streamlining procedures related to foreign investors, and enhancing coordination and cooperation between stakeholders, such as host and home country government, foreign investors and domestic corporations, as well as societal actors. Despite the deadlock in the WTO’s 17-year-old Doha Round negotiations, the structured discussions on investment facilitation, which have been under way since March 2018, show that the members of the WTO take a strong interest in using the WTO as a platform to negotiate new international rules at the interface of trade and investment. In contrast to previous attempts by developed countries to establish multilateral rules for investment, the structured discussions are mainly driven by emerging and developing countries. Most of them have evolved over the past years into FDI host and home countries reflecting the changing geography of economic power in the world. Their increased role has led to a shift of policy agendas, focusing on practical measures to promote FDI in developing countries while excluding contentious issues such as investment liberali¬sation and protection, and investor–state dispute settlement (ISDS). This policy brief provides an overview of the emerging policy debate about investment facilitation. We highlight that four key challenges need to be tackled in order to negotiate an investment facilitation framework (IFF) in the WTO that supports sustainable development.
Topic:
Development, World Trade Organization, Sustainable Development Goals, and Investment
Political Geography:
Germany and Global Focus

7. With or Without You: How the G20 Could Advance Global Action towards Climate-Friendly Sustainable Development

Author:
Steffen Bauer, Axel Berger, and Gabriela Iacobuta
Publication Date:
01-2019
Content Type:
Policy Brief
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
With a collective responsibility for 80% of global greenhouse gas emissions, while representing 80% of global wealth, it is imperative that the countries of the G20 throw their weight behind the implementation of both the Paris Climate Agree-ment and the 2030 Agenda for Sustainable Develop¬ment. In the past, the G20 has demonstrated that it can do that. The G20 Summit in November 2015 in Antalya, Turkey, provided strong support for the climate agreement signed a month later at the UN Climate Change Conference (COP21) in Paris. In 2016 in Hangzhou, China, the G20 adopted an Action Plan on the 2030 Agenda for Sustainable Develop¬ment and committed to “further align its work” with the 2030 Agenda. Even though both agendas have emerged in the multilateral context of the United Nations system, the G20 is expected to exert strong political leadership to address global climate change and to achieve sustainable development. Yet, since 2017 the G20 has struggled to provide such leadership, as support for multilateral commitments, especially those involving ambitious climate actions, appears to be fading. Crucially, opposition to strong multilateral climate policy in the US and Brazil resorts to outright climate denialism at the highest levels of government. These developments are challenging the G20, and BRICS and the G7 for that matter, to sustain support for multilateral commitments on climate and sustainable development. The rise of populist and unilaterally minded parties in European club members may further the risk of side-lining climate and sustainability-related issues in the G20 process. This does not bode well at a time when the G20’s support could be a vital ingredient for the success of the United Nations’ summits on climate action and sustainable development, both scheduled to convene in New York in September 2019 – less than three months after the Osaka G20 Summit in Japan. Following our analysis, we identify four ways forward that should be conducive to harnessing the G20’s economic weight and political clout to push more ambitious global action towards climate-friendly sustainable development, in spite of apparent discrepancies between domestic agendas and global understandings.
Topic:
Climate Change, G20, Sustainable Development Goals, and Political Science
Political Geography:
Europe, Brazil, United Nations, and United States of America

8. Environmental Provisions in Trade Agreements: Promises at the Trade and Environment Interface

Author:
Axel Berger, Clara Brandi, and Dominique Bruhn
Publication Date:
01-2017
Content Type:
Policy Brief
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
Until recently, environmental concerns have played only a marginal role in trade policy. The rulebook of the World Trade Organization (WTO) rarely touches upon environ­men­tal concerns and mainly features an exception clause for the protection of the environment (GATT, Art. XX). How­ever, the rising number of modern preferential trade agree­ments (PTAs) covers an ever-broader array of policy areas, going far beyond the traditional reduction of tariffs by also including environmental provisions. Numerous PTAs nego­tiated on a bilateral and regional basis have compre­hen­sive “green” components. For example, many PTAs include ob­li­ga­tions not to lower environmental standards, the right to regu­late for the benefit of the environment, and the com­mit­ment to implement multilateral environmental agreements. The inclusion of environmental provisions can spark con­troversies. For some, the inclusion of environmental pro­visions offers untapped potential for actual environ­mental protection, making these agreements more compatible with environment and climate policies. However, trade critics often see these provisions as mere “fig leafs” that are included in modern PTAs in order to make them less controversial in the eyes of the public and legislators. For other critics, they represent an instrument of “green protectionism” in order to keep cheaper products from developing countries out of the market. Given the newness of the widespread inclusion of environmental provisions in PTAs and the heated debate that is raging about the nature and effects of trade policies, better data and research is needed to understand and analyse this development. Firstly, we need to improve our understanding of the specific design of these new rules and the related policy initiatives of PTA signatories. What drives the inclusion of environmental provisions in trade agreements? Which are the most innovative agreements and which the most innovative countries in terms of including environmental provisions in PTAs? Which environmental provisions are diffused more often than others into subsequent PTAs? Secondly, there is a need to understand the interplay between PTAs and other environmental or climate agree­ments. To what extent do PTAs with environmental pro­visions serve the purpose of multilateral environmental agree­ments (MEAs) or the Paris Agreement on climate change? Last but not the least: What are the implications of environmental provisions? Does the inclusion of these provisions in PTAs help the contracting parties to implement domestic environmental laws? The innovative and interactive online tool TREND analytics based on the Trade & Environment Database (TREND), which tracks almost 300 different environmental provisions in the texts of about 630 PTAs, offers new ways of going further and of undertaking research to generate fine-grained information on the interplay between trade and the environment, providing fresh insights into a number of relevant policy discussions. This Briefing Paper summarises recent research results based on TREND, along with providing new insights into these questions and policy discussions at the interface of international trade and the environment.
Topic:
Climate Change, Environment, Treaties and Agreements, World Trade Organization, and Trade
Political Geography:
Global Focus

9. The Transatlantic Trade and Investment Partnership, investor-state dispute settlement and China

Author:
Axel Berger and Lauge N. kovgaard Poulsen
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
The prospect of including investor-state dispute settlement (ISDS) into the Transatlantic Trade and Investment Partnership (TTIP) has produced a polarizing debate in the Europe an Union (EU). Critics have argued that this adjudication mechanism is unnecessary in TTIP as United States (US) investors can expect fair treatment in EU courts and vice versa.
Political Geography:
China

10. The futile debate over a multilateral framework for investment

Author:
Axel Berger
Publication Date:
08-2013
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
One of the recurrent debates on international investment rule-making relates to the question whether it is possible to establish a multilateral framework for investment (MFI). Proponents argue that growing foreign direct investment (FDI) from emerging countries, especially China, contributes to a new consensus on global investment rules.
Topic:
Economics, Globalization, International Trade and Finance, Regional Cooperation, and Foreign Direct Investment
Political Geography:
China