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31. 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

32. 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

33. A Northern Tiger? Canada's Economic and Fiscal Renaissance and its Implications for the United States

Author:
Jeremy A. Leonard
Publication Date:
03-2012
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
As the United States struggles to find a politically acceptable and economically sensible solution to its severe fiscal crisis, hidden in plain sight just North of the 49th parallel is an example that ought to be considered more carefully. Quietly, but steadily, under governments of all political stripes, Canada has profoundly re-structured its economy, gotten its fiscal house in order, created a competitive business tax environment, and come into its own as a strong economic player in North America and beyond.
Topic:
Debt, Economics, International Trade and Finance, Markets, and Bilateral Relations
Political Geography:
United States and Canada

34. What Happened to the North American Idea?

Author:
Robert A. Pastor
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
Two decades ago, the leaders of Canada, Mexico and the United States forged an agreement that transformed North America from just a geographical expression to the world's most formidable economic entity. The North American Free Trade Agreement (NAFTA) eliminated most of the trade and investment barriers that had segmented the continent. Within a decade, trade among the three countries tripled and foreign direct investment (FDI) quintupled. By 2001, the three nations of North America accounted for 36 percent of the world product—up from 30 percent in 1994. And while many economists have waxed enthusiastic about the growing power of Brazil, U.S. trade with Mexico today is more than six times larger than its trade with Brazil. Unfortunately, since 2001 regional cooperation has stagnated. NAFTA, designed to expand trade and investment, has proven too limited in addressing the current issues facing the three countries. The time has come for the leaders of North America to recommit to regional integration if they want to effectively address the policy issues facing the region. For example, in the wake of the 2008 financial crisis, NAFTA can play a major role in job creation. A revamped agreement can potentially double exports and allow North America to once again compete with integrated markets in Asia and Europe. Beyond jobs, enhanced coordination and information sharing among NAFTA partners will allow for better control of immigration and the flow of illicit drugs across our borders. Finally, strengthening ties will begin to close the development gap between Mexico and its two neighbors, fortifying the economic and political bloc. The Rise and Fall of North America Though NAFTA has long faded from the headlines, the agreement's first years showed much promise. When the North American market was created in 1992, the impact was almost immediate. Contrary to the claim by U.S. presidential candidate Ross Perot that American jobs would be “sucked” into Mexico, the dramatic increase in North American trade coincided with the largest wave of job creation in U.S. history. Between 1992 and 2000, roughly 22 million jobs were added in the U.S., while trade with and FDI in Canada and Mexico grew more than 17 percent each year. The combination of expanded trade and investment meant that the three countries were actually making products together rather than just trading them. By combining U.S. capital and technology with Mexico's cheaper labor and Canada's abundant resources, the enlarged North American market experienced rapid growth, while Europe stagnated. From the onset of the U.S.-Canadian Free Trade Agreement in 1988 to 2001, trade among Mexico, Canada and the U.S., as a percentage of their trade with the world, leapt from 36 percent to 46 percent. The decline of the integration idea could be dated to the spring of 2001, when Presidents Vicente Fox of Mexico and George W. Bush of the U.S. met Canadian Prime Minister Jean Chrétien in Québec. Fox and his Foreign Minister Jorge Castañeda arrived with a suitcase filled with proposals, such as a North American Commission, a “cohesion” fund to reduce the development gap, a customs union and an immigration agreement. But Chrétien was not interested in including Mexico in Canada's talks with the U.S., and Bush rejected any new multilateral institution or fund. The opportunity for progress was lost. The share of trade among the three countries as a percentage of their trade with the rest of the world dropped from 46 percent in 2001 to 40 percent in 2009—almost to pre-NAFTA levels. The average annual growth of trade among the three countries declined by two-thirds, while growth of foreign direct investment decreased by one-half…
Topic:
Development and Economics
Political Geography:
United States, Canada, Brazil, North America, and Mexico

35. Military Responses and Capabilities in Canada's Domestic Context Post 9/11

Author:
Chris Madsen
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
If the terrorist attacks of 9/11 on New York City and Washington D.C. were a rude wake-up call for potential security threats to continental North America, the reaction on part of Canada has been measured and typically cautious. The acts were of course immediately condemned and temporary refuge given to thousands of travellers stranded by closure of airspace over the United States until declared safe. The federal government and most Canadians extended sympathy and offers of assistance to their closest neighbour and main trading partner. Close cultural and economic ties between the two countries ensured as much. Unease, however, set in about the tough talk and next progression characterized by President George Bush's now famous “You're either with us or against us” speech. Canada's then Liberal prime minister decided not to send the Canadian military wholeheartedly into the invasion of Iraq, though deployment of Canadian troops in Afghanistan duly became a major commitment. Reassuring the United States of Canada's reliability and loyalty as a partner was imperative. To this end, the federal government tightened up financial restrictions on potential fund-raising by identified terrorist groups, introduced new legislation and bureaucratic structures focused on security issues, and better coordinated intelligence gathering and information sharing activities across government agencies and with principal allies. Canadians convinced themselves that any possibility of a 9/11 scale terrorist attack on Canada was unlikely, and even if one was planned or happened, the effect would be minimized by the pro-active measures of authorities. Selected use of security certificates and arrest of home grown Islamic terrorists, the so-called Toronto 18, apparently showed that the police and intelligence agents were up to the task. The threat of terrorism, if not eliminated, could at least be managed and thwarted when required to provide a reasonable level of safety to the Canadian state and society. Ten years on, the course of events has shown the chosen policy decisions to have been mostly sound. Though the highest leadership of Al Qaeda remain at large and defiant as ever in their stated resolve to attack the West, Canada has not yet experienced a major terrorist incident since 9/11.
Topic:
Economics and Government
Political Geography:
Afghanistan, United States, Iraq, New York, Washington, Canada, and North America

36. A Race to the Top: Oil Gas Exploration in the Canadian Arctic

Author:
Michael Kuzik
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
Economic forces will ultimately determine the destiny of the Canadian Arctic, not displays of military force. Economic opportunity will prove far more cost effective and longer lasting than increasing the visibility, or even effectiveness, of Canada's military in the Arctic. Some observers expect the mounting evidence of a treasure trove of hydrocarbons on land and under the sea in Canada's Arctic to act as the economic catalyst. However crude oil and natural gas exploitation in Canada's North is fraught with a myriad of challenges. This paper will shed light on the harsh climactic, economic and political realities of oil and gas exploration and development in the Canadian Arctic. Climatic conditions, even in the wake of evidence of climate change, will still be extreme as will the distances and the topography. First and foremost the economics have to make sense; a profit has to be available to entice the capital needed for developing the north's vast hydrocarbon potential. Additionally, the political realities include pollution mitigation and outstanding native land claims.
Topic:
Economics and Environment
Political Geography:
Canada

37. From the Editor

Author:
Craig Biddle
Publication Date:
10-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Welcome to the Fall 2010 issue of TOS—and a special welcome to our new Canadian readers who, with this issue, are discovering the Standard via newsstands in Canada's largest bookstore chain, Chapters/Indigo. We are excited to add our northern neighbors to the list of countries we infiltrate with principled discussion of the moral and philosophical foundations of freedom.
Topic:
Economics and Islam
Political Geography:
America and Canada

38. Making Choices: Prospects for a Canada-EU Free Trade Agreement.

Author:
Joseph Blomeley
Publication Date:
05-2010
Content Type:
Journal Article
Journal:
Woodrow Wilson School Journal of Public and International Affairs
Institution:
Woodrow Wilson School of Public and International Affairs, Princeton University
Abstract:
With a population of over 500 million, the European Union (EU) is Canada's second-largest trading partner. In 2006, two-way merchandise trade between Canada and the EU was approximately $78 billion and two-way investment reached $263 billion. While these figures are far from marginal, they pale in comparison to the $626 billion in two-way merchandise trade and $497 billion in two-way investment with the United States. In light of these numbers, analysts have argued that there is room for improvement in the economic relationship between Canada and the EU. They believe that the relationship has been significantly under-traded and under-valued. In an attempt to bolster this claim, a Canada-EU Joint Trade Study commissioned by the European Commission and the Government of Canada (GoC) recently noted that Canada is the EU's 11th-largest merchandise trading partner, with only 1.8 percent of external EU trade in this category (GoC, 2008). In light of the financial crisis in the United States, discussions to revive talks of a Canada-EU Free Trade Agreement (FTA) have begun to garner attention.
Topic:
Economics, Government, and Financial Crisis
Political Geography:
United States, Europe, and Canada

39. The United States and Mexico: More Than Neighbors

Author:
Andrew Selee, Katie Putnam, and Christopher Wilson
Publication Date:
05-2010
Content Type:
Working Paper
Institution:
The Wilson Center
Abstract:
No country in the world affects daily life in the United States more than Mexico. The two countries are deeply intertwined, and what happens on one side of the border necessarily has consequences on the other side. Almost one in ten Americans is of Mexican descent, and a third of all immigrants in the United States today are from Mexico, while well over a half-million Americans live in Mexico. Mexico remains the second destination for U.S. exports after Canada, and millions of American jobs depend on this trade. From south to north the linkages are even greater: over three quarters of Mexico's exports go to the United States and one in ten Mexicans lives in the United States.
Topic:
Economics, Emerging Markets, Politics, Regional Cooperation, Bilateral Relations, Immigration, and Law Enforcement
Political Geography:
United States, Canada, Central America, and Mexico

40. Setting the NAFTA Agenda on Climate Change

Author:
Jeffrey J. Schott and Meera Fickling
Publication Date:
08-2009
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
When the North American Free Trade Agreement (NAFTA) entered into force 15 years ago, environmental issues were an afterthought appended to a side accord, the North American Agreement on Environmental Cooperation (NAAEC). Today, environmental problems loom large on the global agenda, and climate change, in particular, ranks among the top issues on the North American agenda as the leaders of the United States, Canada, and Mexico convene in Guadalajara in August 2009. This policy brief examines the implications for NAFTA of national policies in the three countries to reduce greenhouse gas (GHG) emissions and suggests steps that the partner countries can take together to further both their economic and environmental goals.
Topic:
Climate Change, Economics, Globalization, and International Trade and Finance
Political Geography:
Canada, North America, and Mexico