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181. Investor-State Arbitration Between Developed Democratic Countries

Author:
Armand de Mestral
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Investor-state arbitration (ISA), also known as Investor-State Dispute Settlement (ISDS), by which a foreign investor is entitled to sue a state for damages resulting from the alleged violation of an applicable bilateral investment treaty or an investment chapter in a regional trade agreement, has come under scrutiny in many parts of the world. But in no countries has it been subject to greater scrutiny and challenge than in developed democracies. First in Canada and the United States as a result of the adoption of NAFTA Chapter 11, subsequently in the European Union as a result of the adoption of the International Energy Charter, and latterly in other countries such as Australia, critics have alleged that ISA grants an undue privilege to foreign investors whose complaints should be heard by domestic courts instead of panels of international arbitrators. Availability of ISA is in fact worldwide, due to a network of more than 3,200 investment treaties; criticisms have been voiced in different parts of the world and various proposals for change have been made. The criticisms in developed democracies have become sufficiently strong for it to be necessary to raise the question of whether recourse to ISA is appropriate in any form in developed democracies. Armand de Mestral’s paper is the first in the Investor-State Arbitration project. The series of papers will be prepared by leading experts from a number of developed democracies. Each will review the experience of ISA within specific jurisdictions, with a view to understanding the debates that have occurred in each one. The focus of the debate is on developed democracies, but the implications for the whole international community are very much in mind.
Topic:
Development, Energy Policy, Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, and Democracy
Political Geography:
United States and Canada

182. International Regulatory Cooperation on the Resolution of Financial Institutions: Where Does India Stand?

Author:
Renuka Sane
Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper provides a brief description of the principles of cross-border resolution that have emerged after the 2008 global financial crisis, and the progress that has been achieved. The paper then provides an overview of developments on resolution of financial firms in India. It finds that while there is cognizance of the need for international cooperation on resolution, the focus is on first developing institutional capacity on domestic resolution that can interact with the international community in the future. The policy choices of India may be reflective of the thinking in a large number of emerging markets, which considerably lag behind the more developed markets, partly due to lower interconnectedness and partly due to limited experience in domestic resolution.
Topic:
Development, Emerging Markets, International Trade and Finance, Political Economy, and Financial Crisis
Political Geography:
India

183. Capital Controls and Implications for Surveillance and Coordination: Brazil and Latin America

Author:
Marcio Garcia
Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
From 2009 until 2011, Brazil utilized capital controls to deter real exchange rate appreciation. These measures may have obstructed necessary changes in the fiscal policy stance from occurring. In Chile, which employed capital controls heavily in the 1990s and then decided not to use them again during the commodity super-boom in the 2000s, suggests that an adequate fiscal policy stance provides better results than the use of capital controls. In addition, the recent experiences of Colombia and Peru demonstrate capital controls are not always necessary. This paper makes recommendations for capital control surveillance and coordination, using the Brazilian experience as an example, and draws on experiences in other Latin American countries. When analyzing the implications for surveillance and coordination, international institutions, such as the International Monetary Fund, should take into consideration that, no matter how many caveats are listed before its guidelines, capital controls mainly serve to bypass needed changes in macroeconomic policy, thereby jeopardizing economic performance.
Topic:
Economics, Foreign Exchange, and International Monetary Fund
Political Geography:
Brazil and Latin America

184. Submission to Ontario’s Climate Change Discussion Paper 2015

Author:
Oonagh Fitzgerald, Karima Bawa, David Estrin, Kent Howe, Dean MacDougall, Myra J. Tawfik, Basil Ugochukwu, and Bassem Awad
Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The International Law Research Program (ILRP) of the Centre for International Governance Innovation (CIGI) congratulates the Province of Ontario’s Ministry of the Environment and Climate Change for launching a province-wide public consultation process — Ontario’s Climate Change Discussion Paper 2015 — in relation to an issue of global importance and urgency for Ontarians and Canadians alike, at a time when nations need to galvanize their subnationals, climate experts, civil society, business and industry to commit to intended nationally determined contributions (INDCs) to reduce carbon emissions and mitigate the effects of climate change. The CIGI ILRP is optimistic that through this provincial consultation process and implementation of the best ideas it generates, as well as through Ontario’s initiatives undertaken in collaboration with other provinces and foreign subnationals, Canadians will be able to prove to the world our commitment to make a meaningful contribution to achieving an ambitious, verifiable and enforceable international agreement on climate change in December 2015 in Paris. By proactively addressing climate change now, the Government of Ontario positions this province, its citizens, universities and businesses to be innovators for sustainable prosperity rather than victims of global environmental and economic crisis.
Topic:
Civil Society, Climate Change, Economics, Energy Policy, Environment, Markets, and Natural Resources
Political Geography:
Canada

185. Ukraine and the IMF's Evolving Debt Crisis Narrative

Author:
Susan Schadler
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
Against the International Monetary Fund’s (IMF’s) fraught experience with crises where debt restructuring is needed, Ukraine’s recent restructuring agreement has been a success. Several factors — in particular, Ukraine’s geopolitical position and the composition of its creditors — facilitated official support for the deal. As these are unlikely to be replicated in future debt crises, the IMF still needs a revamping of its policies and approach in crises requiring debt restructuring. This policy brief examines a number of key challenges in the evolution of a coherent role for the IMF in future crises.
Topic:
Debt, Political Economy, International Monetary Fund, Financial Crisis, and Global Markets
Political Geography:
Ukraine

186. The 2015 Survey of Progress in International Economic Governance

Author:
Domenico Lombardi and Kelsey Shanty
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The annual CIGI Survey of Progress in International Economic Governance assesses progress in five areas of international economic governance: macroeconomic and financial cooperation; cooperation on financial regulation; cooperation on development; cooperation on trade; and cooperation on climate change. In this year’s survey, 31 CIGI experts conclude that international economic arrangements continue to show a level of “status quo,” averaging a score of 50% across all five areas. The 2015 survey indicates a slight improvement to the result of last year’s survey, which suggested a minimal regression overall. The experts’ assessment of progress was most promising in the area of climate change cooperation, with an average score of 57%, whereas the least promising area was macroeconomic and financial cooperation, with a score of 44%, indicating minimal regression. The remaining three areas polled all fell within the “status quo” range, with trade at 46%, development at 48% and international cooperation on financial regulation at 53%. Interestingly, in the area of cooperation on development, CIGI’s experts provided a relatively mixed assessment. Responses varied based on experts’ perception of the effectiveness of current rhetoric, from 70% (indicating some progress) to 10% (suggesting major regression). Compared to last year, climate change governance has made the greatest improvement, but the remaining three areas (with the exception of development, which was not included in the 2014 survey) have all, on average, regressed further or remained stagnant. This trend is cause for concern.
Topic:
Climate Change, Development, International Political Economy, International Trade and Finance, and Financial Crisis
Political Geography:
Global Focus

187. The Digital Trade Imbalance and Its Implications for Internet Governance

Author:
Susan Ariel Aaronson
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Today, information is currency; it facilitates productivity, exchange, technology and trade. Information is also the building block of the digital economy (an economy based on digital technologies — products and services that facilitate the creation, storage, analysis and sharing of data and information). Although many countries are gaining expertise and market share, one country, the United States, dominates both the global digital economy and digital trade (commerce in products and services delivered via the Internet). The United States is also the key force behind efforts to develop a system of trade rules to govern cross-border information flows.
Topic:
Economics, Science and Technology, Mass Media, and Digital Economy
Political Geography:
Global Focus

188. The Case for Intellectual Property Rights: Should Patents Be Strengthened, Weakened or Abolished Altogether?

Author:
Joel Blit
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The case for patents rests crucially on three conditions: that innovation is undersupplied in the absence of patents; that patents promote increased innovation; and that the welfare benefits of any additional innovation outweigh the welfare costs associated with the temporary monopoly that patents generate. While it is probably true that innovation is undersupplied, the empirical evidence is mixed on whether patents foster innovation. This may be due to patents stifling cumulative innovation because of holdup and ex ante uncertainty over patent rights. This policy brief recommends that to reduce the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
Topic:
Human Welfare, Science and Technology, Intellectual Property/Copyright, and Governance
Political Geography:
United States

189. Identifying and Resolving Inter-creditor and Debtor-Creditor Equity Issues in Sovereign Debt Restructuring

Author:
Domenico Lombardi, Joseph E. Stiglitz, Skylar Brooks, and Martin Guzman
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
Much analysis of sovereign debt restructuring focuses on distributional conflict between sovereign debtors and their creditors. There is also an analytical tendency to see creditors as a relatively homogenous group with like interests. In reality, however, there is considerable diversity among creditors. Different types of creditors have different political and financial claims and thus different — at times, divergent or conflictive — interests. This means that the burden- sharing exercise of sovereign debt restructuring is played out not just between debtors and creditors, but also, importantly, between different types of creditors.

190. Further Reform of Sovereign Debt Restructuring: An Agenda for 2015

Author:
Richard Gitlin and Brett House
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
United Nations General Assembly (UNGA) Resolution 68/304 “Towards the establishment of a multilateral legal framework for sovereign debt restructuring processes” (UN 2014), passed by a split vote on September 9, 2014, expressed the will of many member states to move toward the development of a multilateral framework for sovereign debt restructuring. Coming a little over a decade after the rejection of the IMF's Sovereign Debt Restructuring Mechanism (SDRM) proposal (Krueger 2001) in 2003, this UNGA resolution represents a substantial renewal of interest in statutory- and treaty-based approaches to treating distressed sovereign debt.
Topic:
United Nations