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271. 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

272. 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

273. China's rise and middle power democracies: Canada and Australia compared

Author:
Andrew O'Neil and James Manicom
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
Assessments of how international actors are responding to China's rise typically focus on rival great powers or on China's Asian neighbors. In these cases, relative power, geographic proximity, and regional institutions have conditioned relationships with China. The relationship of China with the developing world has mainly been defined by power asymmetry and the appeal of the Chinese governance model to authoritarian regimes. Largely absent from this discussion is an understanding of how Western middle power democracies are responding to China's rise. This article compares how Canada and Australia – two Western democratic states with prominent middle power foreign policy traditions – are responding to the rise of China. The two case studies are similar in many respects: both are resource-based economies with a track record of bilateral and institutional engagement in the Asia-Pacific, and both are key US allies. These similarities allow differences in the Canadian and Australian responses to China's rise to be isolated in the political, economic, and strategic realms.
Topic:
Bilateral Relations
Political Geography:
China, Canada, and Australia

274. 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

275. The Arctic policies of Canada and the United States: domestic motives and international context

Author:
Kristofer Bergh
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute
Abstract:
The Arctic ice is melting. If current trends continue, there will be dramatic changes in the region, with far-reaching implications. At the same time, the receding ice opens the region to economic development, including through the exploitation of previously inaccessible hydrocarbons and minerals. In September 2011, both the Northern Sea Route (along Russia's north coast, formerly known as the Northeast Passage) and the Northwest Passage (along the northern coasts of Alaska and Canada) were open for some time, potentially creating shorter shipping routes between Asia, Europe and North America. Increased human activity in the sparsely populated and in hospitable Arctic requires new initiatives to achieve safety and security for the region's environment and its inhabitants and visitors.
Topic:
Foreign Policy, Climate Change, Diplomacy, Political Economy, and Bilateral Relations
Political Geography:
Russia, Europe, Canada, Asia, and North America

276. Military capabilities in the Arctic

Author:
Siemon T. Wezeman
Publication Date:
03-2012
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute
Abstract:
In recent years the forecast of far-reaching climate change in the Arctic has led to fears of future conflict in the region. Such fears have been expressed in official documents, including defence policy documents, of the five Arctic littoral states—Canada, Denmark, Norway, Russia and the United States. Three of them—Canada, Denmark and Russia—have recently adopted foreign and defence policies that have put a special emphasis on the Arctic. They have strengthened their military presence in the Arctic or increased military capabilities for Arctic use and have presented plans for additional military strengthening. Meanwhile, Norway has moved a substantial part of its operational forces to the north of the country. Of the five littoral states, only the USA has placed less focus on Arctic security.
Topic:
Conflict Prevention, Defense Policy, Arms Control and Proliferation, Climate Change, Natural Resources, and Territorial Disputes
Political Geography:
Russia, United States, Canada, Norway, and Denmark

277. The Three Versions of Al Qaeda: A Primer

Author:
Clint Watts
Publication Date:
12-2012
Content Type:
Policy Brief
Institution:
Foreign Policy Research Institute
Abstract:
Al Qaeda today only slightly resembles the al Qaeda of yesteryear. Al Qaeda operatives or "al Qaeda-like" organizations stretch throughout North Africa, across the Middle East and into South Asia. This disparate string of organizations hosts a handful of al Qaeda's original Afghanistan and Pakistan veterans but mostly consist of newcomers inspired by al Qaeda's message -- disenfranchised young men seeking an adventurous fight in the wake of a tumultuous Arab Spring. Al Qaeda, or more appropriately jihadism pursued under al Qaeda's banner, has morphed in several waves over the course of more than two decades.
Topic:
Conflict Resolution, Defense Policy, Islam, Terrorism, and Counterinsurgency
Political Geography:
Middle East, Canada, and Arabia

278. Unsociable sociability: The paradox of Canadian-American friendship

Author:
Caroline Patsias and Dany Deschenes
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
International Politics
Institution:
Palgrave Macmillan
Abstract:
Since the end of World War II, relations between Canadian and US leaders have become difficult, as the absence of the unifying force of war led to different political visions. However, on the whole, and in spite of a power differential that has grown since 1945, relations between Canada and the United States have nevertheless been good. How is this explained? In this reflection, rather than taking a structural-realist approach, we build on a perspective proposed by Stéphane Roussel in his theory on democratic peace between Canada and the United States. Roussel showed how the constructivist model could justify the absence of coercion and the relatively egalitarian cooperation between both states. While Roussel's studies refer only to the 1867–1958 period, we broaden the perspective to include the contemporary period and propose that the 'unsocial sociability' at the heart of Canadian-American relations is due to the recognition of the democratic nature of the other's regime and the implementation of institutional mechanisms and techniques.
Topic:
War
Political Geography:
United States, America, and Canada

279. Editorial

Author:
Terry Terriff, James Keeley, and John Ferris
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
The May election brought substantial change to Canada, with both a majority Conservative government and the emergence of the New Democratic Party as the Official Opposition. Whether the Liberals can, over the longer term, recover from their historic defeat remains to be seen. For the time being, however, barring a major misstep from either the Conservatives or the NDP, the Liberals, necessarily focused on rebuilding, will be less of a factor in defence policy.
Political Geography:
Canada

280. The Patrol: Seven Days in the Life of a Canadian Soldier in Afghanistan

Author:
Ryan Flavelle
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
Nothing can prepare a person for the reality of bloody, concussive warfare. . . . Those who like war are aptly named warriors. Some, like me, are fated never to be warriors, as we are more afraid of war than fascinated by it. But I have the consolation that I have walked with warriors, and know what kind of men they are. I will never be a warrior, but I have known war.
Topic:
War
Political Geography:
Afghanistan and Canada