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21. The public law challenge: Killing or rethinking international investment law?

Author:
Stephan W. Schill
Publication Date:
01-2012
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
At the heart of the so-called “legitimacy crisis” of international investment law, prominently reflected in the Public Statement on the International Investment Regime, is what I call the public law challenge. It builds on the observation that one-off appointed arbitrators, instead of standing courts, review government acts and reach far into the sphere of domestic public law by crafting and refining the standards governing in vestor-state relations. Arbitrations against Uruguay and Australia concerning cigarette packaging are the most recent examples of genuinely public law disputes now settled in arbitration. The disputes about Argentina's emergency legislation and Canada's ban on pesticide s are others. These arbitrations create friction with domestic public law as arbitrators, having little democratic legitimacy, often operate in non-transparent proceedings and produce increasing amounts of incoherent decisions.
Topic:
Economics, International Law, International Trade and Finance, Markets, and Foreign Direct Investment
Political Geography:
Canada, Argentina, and Australia

22. Chinese Investment in Latin American Resources: The Good, the Bad, and the Ugly

Author:
Theodore H. Moran, Julia Muir, and Barbara Kotschwar
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
China's need for vast amounts of minerals to sustain its high economic growth rate has led Chinese investors to acquire stakes in natural resource companies, extend loans to mining and petroleum investors, and write long-term procurement contracts for oil and minerals in Africa, Latin America, Australia, Canada, and other resource-rich regions. These efforts to procure raw materials might be exacerbating the problems of strong demand; "locking up" natural resource supplies, gaining preferential access to available output, and extending control over the world's extractive industries. But Chinese investment need not have a zero-sum effect if Chinese procurement arrangements expand, diversify, and make more competitive the global supplier system. Previous Peterson Institute research (see Moran 2010) and new research undertaken in this paper, show that the majority of Chinese investments and procurement arrangements serve to help diversify and make more competitive the portion of the world natural resource base located in Latin America. For a more comprehensive analysis, the authors conduct a structured comparison of four Peruvian mines with foreign ownership: two Organization for Economic Cooperation and Development-based, and two Chinese. They examine what conditions or policy measures are most effective in inducing Chinese investors to adopt international industry standards and best-practices, and which are not. They distill from this case study some lessons for other countries in Latin America, Africa, and elsewhere that intend to use Chinese investment to develop their extractive sectors: first, that financial markets bring accountability; second, that the host country regulatory environment makes a significant difference; and third, that foreign investment is a catalyst for change.
Topic:
Economics, International Trade and Finance, and Natural Resources
Political Geography:
China, Canada, Latin America, and Australia

23. Regionalism in Asia as Disguised Multilateralism: A Critical Analysis of the East Asia Summit and the Trans-Pacific Partnership

Author:
David Camroux
Publication Date:
03-2012
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
Revolving around the concept of 'Community' or 'community', debate on an Asian region has ostensibly pitted those who proposed an entity limited to East Asia (China, Japan, South Korea and the ten countries of the Association of South East Asian Nations, ASEAN) against those who proposed a much wider region embracing India, North (and, perhaps, South) America, as well as Australasia. Previously these two conceptualisations possessed their eponymous translation in the East Asian Economic Caucus (reincarnated as ASEANþ3) and the Asia Pacific Economic Cooperation forum. However, with the creation in 2005 of the East Asian Summit to include India, Australia and New Zealand and, above all, its 2011 enlargement to include the United States and Russia, the contrast between the two conceptualisations of an Asian region has become confused. In order to explain this development, this article suggests that the language of 'region' or 'community' is a discursive smokescreen disguising changes in approaches to multilateralism. An examination of the East Asia Summit, contrasting it with another recent regional project, the Trans Pacific Partnership, suggests that the actors involved are seeking to ensure the primacy of individual nation states in intergovernmental multilateral relations.
Topic:
Development and Economics
Political Geography:
China, America, India, East Asia, Asia, and Australia

24. US Agricultural Exports to ASEAN Grow - But Face Competition

Author:
Michael McConnell
Publication Date:
03-2012
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
ASEAN countries have long been an important international market for US agricultural exports. The United States, in 2011, exported almost $9.6 billion of agricultural products to ASEAN, making it the sixth-largest export destination for US farmers, ranchers, and agribusinesses—behind Japan ($14 billion) and just behind the European Union ($9.6 billion), but well ahead of South Korea ($7 billion). Moreover, the value of agricultural trade between the United States and ASEAN almost doubled between 2007 and 2011, with the top four ASEAN markets in 2011 for the United States being Indonesia ($2.8 billion), the Philippines ($2.1 billion), Vietnam ($1.7 billion), and Thailand ($1.3 billion). With a population of 614 million and strong economic growth, it is expected that ASEAN will continue to be an important market for US agricultural products. However, the United States is likely to face increasing competition, particularly from China, Australia, and New Zealand, all of which have free trade agreements (FTAs) with ASEAN.
Topic:
Agriculture, Demographics, Economics, International Trade and Finance, Markets, and Food
Political Geography:
United States, China, Europe, East Asia, South Korea, Australia, Southeast Asia, and New Zealand

25. Assessing the Asia Pivot

Author:
Walter Lohman
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Journal of International Security Affairs
Institution:
Jewish Institute for National Security Affairs
Abstract:
In the course of two months in the fall of 2011, the President and his administration—particularly the Secretary of State—conducted a political and diplomatic offensive to prove American staying power in Asia. It marked a 180-degree turn from where the White House had begun three years earlier. The fall offensive began with the long-awaited passage of the Korea-U.S. FTA (KORUS), an agreement of major economic importance. After years of accumulated opportunity costs, in October, the administration finally pushed the agreement forward and arranged for South Korean President Lee Myun-bak to be in Washington for the occasion of its passage. Secretary of State Hillary Clinton framed the new approach in her November “America's Pacific Century” speech, wherein she declared the Administration's “Asia Pivot.”1 President Obama gave the approach authority and economic substance at APEC, where the U.S. secured a game-changing commitment from Japan to join the Transpacific Partnership trade pact (TPP). The President then embarked on his third visit to the Asia Pacific. In Australia, he announced new training rotations of up to 2,500 U.S. Marines through Australia's northern shore, a move with obvious implications for the security of our allies and sea lanes, and in Indonesia, he became the first American president to participate in the East Asian Summit (EAS). At the EAS meeting of 18 regional leaders, President Obama raised the importance of maritime security and freedom of navigation and “expressed strong opposition to the threat or use of force by any party to advance its territorial or maritime claims or interfere in legitimate economic activity”—thereby tying American interests to regional concerns about China. For her part, Secretary Clinton headed to Manila to commemorate the 60th anniversary of the U.S.-Philippines Mutual Defense Treaty (MDT)—and then on to America's other treaty ally in Southeast Asia, Thailand. In Manila Bay, she signed a reaffirmation of the U.S.-Philippines MDT on the deck of a U.S. Navy destroyer and essentially declared America ready to “fight” for the Philippines. She also announced the dispatch to Manila of the second (of what will likely be four) refurbished coast guard cutters. En route to Indonesia, President Obama phoned long-suffering Burmese human rights icon Aung San Suu Kyi to get her blessing for a Burma visit from Secretary Clinton. Clinton arrived in Burma by the end of November, meeting Suu Kyi and the Burmese president and beginning a careful, “action for action” process of normalization that could have major implications for the U.S. strategic position in the region. The Chinese have long taken advantage of Burma's isolation from the U.S. If Burmese political reform proves to be real, it will offer an opportunity for the U.S. to reassert itself there. It will also remove a roadblock in America's relationship with the Association of Southeast Asian Nations (ASEAN) with which it has long disagreed on Burma. A democratic Burma would tip the scales in ASEAN—a hodgepodge of governing systems—in favor of democracy, a state of play that improves the sustainability of American engagement.
Topic:
Security, Economics, and Human Rights
Political Geography:
Afghanistan, Japan, America, Washington, Asia, Australia, and Korea

26. Australia - China ties: in search of political trust

Author:
Linda Jakobson
Publication Date:
06-2012
Content Type:
Policy Brief
Institution:
Lowy Institute for International Policy
Abstract:
How Canberra should manage its relations with Beijing, given the importance of China economically, politically and militarily, is a question which divides Australians. There is general agreement that the rise of China will have a profound effect on the well - being and security of Australia. The consensus ends there.
Topic:
Foreign Policy, Diplomacy, Economics, and Bilateral Relations
Political Geography:
China, Asia, and Australia

27. Reshaping the Security Order in Asia-Pacific

Author:
Alain Guidetti
Publication Date:
11-2012
Content Type:
Policy Brief
Institution:
The Geneva Centre for Security Policy
Abstract:
The international strategic landscape is evolving at an unprecedented pace. The widespread assumption is that the global balance of power is shifting from the West to the East (and the South), as a consequence of the convergence of two variables: the sustained economic growth of China and Asia over recent decades, and the Western economic downturn since the 2008 global financial crisis. Though interpretations differ on the meaning and magnitude of this power shift, the prevailing assumption is that it reflects the weakness, and for some the relative decline, of the US and the West against Asia's and primarily China's strong rise. The implications of these developments across the Asia-Pacific are deep and have already led to growing strategic competition between Beijing and Washington for preeminence over the Asia-Pacific and new uncertainties over global and regional governance.
Topic:
Economics, Human Rights, and Financial Crisis
Political Geography:
United States, China, Washington, Beijing, Asia, Australia, and Asia-Pacific

28. FDI stocks are a biased measure of foreign affiliate activity

Author:
Sjoerd Beugelsdijk, Jean-François Hennart, Arjen Slangen, and Roger Smeets
Publication Date:
08-2011
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
Researchers often call the value added (VA) in a host country by firms based in another country foreign direct investment (FDI) and use FDI stocks and flows from a country's balance of payments to measure it. What FDI stocks and flows actually measure, however, is narrower, since they record long term financial transactions by which domestic firms exert control over foreign firms. French FDI stocks in Australia, for example, measure the value of shares and reinvested earnings of Australian firms owned by French firms and the net indebtedness of these Australian firms to their French parents.
Topic:
Economics, Markets, Foreign Direct Investment, and Financial Crisis
Political Geography:
France and Australia

29. Australia-US Alliance Enhanced as Economies Decouple

Author:
Graeme Dobell
Publication Date:
09-2011
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
Australia has a close alliance with the US and deep emotional and cultural ties, but the new reality is that the two economies have decoupled. Twice in the past decade the US has gone into recession, but Australia has kept growing; that is a huge change from the 20th-century experience when Australia's fortunes were closely tied to the health of the US economy. Asia now sets Australia's economic temperature, even as the Australian military draws closer to the US through parallel reviews of the posture of their defense forces.
Topic:
Economics
Political Geography:
United States, Asia, and Australia

30. The G20: Engine of Asian Regionalism?

Author:
Hugo Dobson
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
As a result of the emergence of the G20 as the self‐appointed “premier forum for international economic cooperation”, Asia's expanded participation in G‐summitry has attracted considerable attention. As original G7 member Japan is joined by Australia, China, Indonesia, India and South Korea, this has given rise to another alphanumeric configuration of the Asian 6 (A6). Resulting expectations are that membership in the G20 will impact Asian regionalism as the A6 are forced into coordination and cooperation in response to the G20's agenda and commitments. However, by highlighting the concrete behaviours and motivations of the individual A6 in the G20 summits so far, this paper stands in contrast to the majority of the predominantly normative extant literature. It highlights divergent agendas amongst the A6 as regards the future of the G20 and discusses the high degree of competition over their identities and roles therein. This divergence and competition can be seen across a range of other behaviours including responding to the norm of internationalism in promoting global governance and maintaining the status quo and national interest, in addition to claiming a regional leadership role and managing bilateral relationships with the US.
Topic:
Economics, Emerging Markets, Globalization, International Trade and Finance, Regional Cooperation, and Governance
Political Geography:
United States, Japan, China, Indonesia, India, Asia, South Korea, and Australia