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631. Cost allocation in investment arbitration: Back toward diversification

Author:
Baiju S. Vasani and Anastasiya Ugale
Publication Date:
07-2013
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
In 2006, the Thunderbird tribunal, operating under the UNCITRAL Arbitration Rules, called for the harmonization of cost-allocation approaches in commercial and investment arbitration. Subsequent tribunals appear to be heeding Thunderbird's call paving a trend in favor of the so-called “costs follow the event” (CFtE) approach and its variations. Generally, this approach prescribes the shifting of arbitral costs and reasonable legal fees to the unsuccessful party (or based on parties' relative success) and has historically been prevalent in commercial arbitration. By contrast, the more traditional approach in investment arbitration has been to share the costs of arbitration equally, save for special circumstances, with each party covering its own legal fees (traditional approach). In the wake of what appears to be an emerging trend in favor of a default CFtE custom, it is time to revisit the idea of whet her a single harmonized approach to cost allocation is really appropriate. We suggest that it most likely is not.
Topic:
Development, Economics, Emerging Markets, International Trade and Finance, and Foreign Direct Investment

632. The EU and Brazil: Partnering in an uncertain world?

Author:
Giovanni Grevi
Publication Date:
05-2013
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
The international system is changing fast and both the European Union and Brazil will need to adapt. This paper argues that such a process of adjustment may bring the two closer together, even if their starting points differ considerably. Europe looks at the ongoing redistribution of power as a challenge, Brazil as an opportunity. Europe is coping with the detrimental impact of the economic crisis on its international profile; Brazil is enhancing its influence in its region and beyond. Their normative outlook is broadly compatible; their political priorities and behaviour in multilateral frameworks often differ, from trade to development and security issues. Despite the crisis, however, there are signals of renewed engagement by the EU on the international stage, with a focus on its troubled neighbourhood and partnerships with the US and large emerging actors such as Brazil. The latter is charting an original course in international affairs as a rising democratic power from the traditional South with no geopolitical opponents and a commitment to multilateralism. In testing the limits of its international influence, Brazil will need dependable partners and variable coalitions that go well beyond the BRICS format, which is not necessarily sustainable. This contribution suggests that the strategic partnership between the EU and Brazil may grow stronger not only as a platform to deepen economic ties and sustain growth, but also as a tool to foster cooperation in political and security affairs including crisis management, preventive diplomacy and human rights.
Topic:
Development, Emerging Markets, Globalization, and International Trade and Finance
Political Geography:
Europe and Latin America

633. The Global Arctic: The Growing Arctic Interests of Russia, China, the United States and the European Union

Author:
Juha Käpylä and Harri Mikkola
Publication Date:
08-2013
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
With exciting economic opportunities and serious environmental challenges, the Arctic is transforming and re-emerging as a geopolitically important region. Major global players within and without the Arctic are paying greater attention to the region. While Russia is a traditional Arctic state with significant economic and security interests in the region, China, the US and the EU have also expressed their Arctic interests more explicitly. They are keen to tap into the economic potential and have a say in the way the region becomes accessed, exploited and governed. As a result, the Arctic is no longer a spatially or administratively confined region, but is instead taking its new form in the midst of contemporary global politics. The globalization and economization of the Arctic will most likely downplay environmentalism and reduce the relative influence of the indigenous people and small Arctic states in Arctic affairs. Arctic governance is also likely to turn more complex and complicated as the economic and political stakes are raised.
Topic:
Security, Foreign Policy, Climate Change, Development, International Trade and Finance, Oil, and Natural Resources
Political Geography:
Russia, United States, China, and Europe

634. Progress on Sovereign Wealth Fund Transparency and Accountability: An Updated SWF Scoreboard

Author:
Edwin M. Truman and Allie E. Bagnall
Publication Date:
08-2013
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
The term sovereign wealth fund (SWF) had not been coined a decade ago. By 2007, economists and the financial world were alternatively excited about or alarmed by the growing influence of these institutions, though in fact many of them had been around for decades. Politicians in countries in which the funds invested generally welcomed the additional financial resources from abroad while expressing concern about the motivations of investors and what they feared could be threats to political, economic, and financial security. The general public in the countries in which the funds were based realized at the same time that political leaders were investing large amounts of national wealth at home and abroad with limited disclosure, and they wanted to know more.
Topic:
Economics, Globalization, International Trade and Finance, Foreign Direct Investment, and Sovereign Wealth Funds

635. How to Measure Underemployment?

Author:
David G. Blanchflower and David N. F. Bell
Publication Date:
08-2013
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
One of the factors that may inhibit reductions in unemployment as the economy recovers is the extent to which existing workers would like to work more hours and employers may prefer to let them work longer hours before making new hires. This phenomenon suggests that the unemployment rate does not capture the full extent of excess capacity in the labor market. But how should it be measured? In this paper we argue that the United States does not have the necessary statistical tools to calibrate this form of underemployment. We describe an index that captures the joint effects of unemployment and underemployment and provides a more complete picture of labor market excess capacity. We show how this index can be implemented using British data and describe its evolution over the Great Recession. Comparisons of our index with unemployment rates suggest that unemployment rates understate differences in labor market excess capacity by age group and overstate differences by gender. We also show that being unable to work the hours that one desires has a negative effect on well-being. Finally, we recommend that the Current Population Survey conducted by the US Bureau of Labor Statistics might be extended to enable the construction of an equivalent US index.
Topic:
Economics, International Trade and Finance, Markets, and Labor Issues
Political Geography:
United States and Europe

636. The Hyperglobalization of Trade and Its Future

Author:
Arvind Subramanian and Martin Kessler
Publication Date:
08-2013
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
This paper describes seven salient features of trade integration in the 21st century: Trade integration has been more rapid than ever (hyperglobalization); it is dematerialized, with the growing importance of services trade; it is democratic, because openness has been embraced widely; it is criss-crossing because similar goods and investment flows now go from South to North as well as the reverse; it has witnessed the emergence of a mega-trader (China), the first since Imperial Britain; it has involved the proliferation of regional and preferential trade agreements and is on the cusp of mega-regionalism as the world's largest traders pursue such agreements with each other; and it is impeded by the continued existence of high barriers to trade in services. Going forward, the trading system will have to tackle three fundamental challenges: In developed countries, the domestic support for globalization needs to be sustained in the face of economic weakness and the reduced ability to maintain social insurance mechanisms. Second, China has become the world's largest trader and a major beneficiary of the current rules of the game. It will be called upon to shoulder more of the responsibilities of maintaining an open system. The third challenge will be to prevent the rise of mega-regionalism from leading to discrimination and becoming a source of trade conflicts. We suggest a way forward—including new areas of cooperation such as taxes—to maintain the open multilateral trading system and ensure that it benefits all countries.
Topic:
Economics, Globalization, International Trade and Finance, Markets, and Treaties and Agreements
Political Geography:
China

637. US wars have little economic impact on asset prices

Publication Date:
09-2013
Content Type:
Policy Brief
Institution:
Oxford Economics
Abstract:
Last week we argued that a US attack on Syria would have little impact on asset prices. Here we expand this analysis to consider the effect on asset prices of other recent US attacks on a foreign power. Subject to the qualifications set out below, we find that the impact of US warfare over the past twenty years has been minimal. Excluding the first Gulf War , it is almost non-existent.
Topic:
Economics, International Trade and Finance, Markets, and War
Political Geography:
United States and Syria

638. The equity market will climb a wall of worry

Publication Date:
09-2013
Content Type:
Policy Brief
Institution:
Oxford Economics
Abstract:
The equity market has had a tough few months due to a combination of concerns, including fears that a US-led attack on Syria might lead to a wider Middle East conflict and threaten oil supplies. Of greater concern for equities are worries that a turn in the US monetary policy cycle could eventually kill off the US recovery. However with valuation not looking like a barrier to further gains, this four-and-a-half year equity bull market will in all likelihood climb the wall of worry and set another new high before the year is out.
Topic:
Economics, International Trade and Finance, and Markets
Political Geography:
United States, Middle East, and Arabia

639. Attack on Syria: the danger is in escalation

Publication Date:
08-2013
Content Type:
Policy Brief
Institution:
Oxford Economics
Abstract:
It is now looking all but certain that the United States will launch some form of attack on Syria. What is unclear is the severity and duration of the attack. Leaving aside the political ramifications, the immediate economic effects are likely to be limited (and are mostly already factored in). Opposing impacts on inflation and activity means that changes to central bank policy could be postponed. A prolonged campaign could have wider ramifications, not least if there is a risk of a geographical widening of the conflict.
Topic:
Foreign Policy, Economics, International Trade and Finance, Markets, and War
Political Geography:
United States, Middle East, Arabia, and Syria

640. Launching the third arrow of Abenomics

Publication Date:
06-2013
Content Type:
Policy Brief
Institution:
Oxford Economics
Abstract:
Shinzo Abe was elected Prime Minister of Japan last December on a programme intended to end two decades of deflation and lost growth in Japan. His regime, dubbed 'Abenomics', consists of three arrows: a monetary stimulus, a fiscal stimulus and structural reform. The first two are well under way. The third has yet to be fired. But following his party's victory in July's Upper House election, Mr Abe has all the backing he will need – or ever get – to forcefully launch the third arrow of Abenomics. This scenario alert examines the potential upsides for the Japanese economy if Abenomics succeeds. Although the economy will not return to the 4%+ growth rates seen in the 1980s, it could secure growth in the 2-3% range. This would be a major improvement on its dismal performance of less than 1% average real growth a year since 1993.
Topic:
Economics, International Trade and Finance, Markets, Monetary Policy, and Reform
Political Geography:
Japan and Syria