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Full-Text Articles in Law
Trade-Based Solutions For Revitalizing Post-Conflict Economies, Ryan R. Migeed
Trade-Based Solutions For Revitalizing Post-Conflict Economies, Ryan R. Migeed
Michigan Journal of International Law
International trade improves efficiency in home markets, creates new sources of demand for domestic industries, and boosts worker productivity. However, some types of trade are better than others for reviving the economies of countries emerging from internal or international armed conflicts. This note evaluates existing trade mechanisms that ostensibly help developing countries but fail to actually do so. It ultimately recommends the use of investor-state partnerships over trade-based mechanisms as the appropriate tool for improving the economies of post-conflict states. Part I evaluates a number of these existing trade mechanisms, including preferential trade agreements and the General System of Preferences. …
Africa-China Bilateral Investment Treaties: A Critique, Uche Ewelukwa Ofodile
Africa-China Bilateral Investment Treaties: A Critique, Uche Ewelukwa Ofodile
Michigan Journal of International Law
The purpose of this Article is to draw attention to, raise questions about, and generate discussions regarding the emerging norms, legal context, and long-term development-implications of South-South foreign direct investment (“FDI”) and South-South bilateral investment treaties (“BIT”). This Article seeks to refocus the discourse about FDI and BITs on developing countries in their role as exporters of capital and in the context of the much-touted new geography of investment. Can South-South BITs play a positive role in promoting development in sub-Saharan Africa any more than the Africa-North BITs? Is China concluding development-focused BITs with countries in Africa? The Article identifies …
Domestic Effects Of The Foreign Activities Of U.S. Multinationals, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.
Domestic Effects Of The Foreign Activities Of U.S. Multinationals, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.
Articles
Do firms investing abroad simultaneously reduce their domestic activity? This paper analyzes the relationship between the domestic and foreign operations of US manufacturing firms between 1982 and 2004 by instrumenting for changes in foreign operations with GDP growth rates of the foreign countries in which they invest. Estimates produced using this instrument indicate that 10 percent greater foreign investment is associated with 2.6 percent greater domestic investment, and 10 percent greater foreign employee compensation is associated with 3.7 percent greater domestic employee compensation. These results do not support the popular notion that expansions abroad reduce a firm’s domestic activity, instead …
Investment Protection In Bilateral And Free Trade Agreements: Implications For The Granting Of Compulsory Licenses, Carlos M. Correa
Investment Protection In Bilateral And Free Trade Agreements: Implications For The Granting Of Compulsory Licenses, Carlos M. Correa
Michigan Journal of International Law
Can the exercise of any of the key provisions in investment agreements lead to rights and practices that deviate from the terms of the TRIPS Agreement? This issue is specifically explored in relation to compulsory licenses, one of the "safeguards" contemplated in the TRIPS Agreement that developing countries have actively tried to preserve in order to mitigate the powers conferred to patent owners. Despite this attention and interest, no single compulsory license has been granted in a developing country after the adoption of the TRIPS Agreement. This article explores the extent to which investment protection may add another barrier for …
The Role Of Trade & Foreign Direct Investment In Development, Kevin A. Hassett
The Role Of Trade & Foreign Direct Investment In Development, Kevin A. Hassett
Michigan Journal of International Law
Foreign direct investment (FDI) has been a key component of trade for decades, and has been the focus of a tidal wave of academic research as well. Conceptually, FDI must have an important role in providing welfare gains associated with trade. One of the key differences between countries, after all, is the relative quantity of capital available to its citizens. In these remarks, the author intends to provide a bird's eye view of the literature on FDI with a focus on the developing country's perspective.
Financing For Development, The Monterrey Consensus: Achievements And Prospects, Abdel Hamid Bouab
Financing For Development, The Monterrey Consensus: Achievements And Prospects, Abdel Hamid Bouab
Michigan Journal of International Law
The International Conference on Financing for Development, held in Monterrey, Mexico, in March 2002, marked the beginning of a new international approach to dealing with issues of development finance. It resulted from a unique process that broke new ground in bringing together all relevant stakeholders in a manner that was unprecedented in inclusiveness. Under the umbrella of the United Nations, all parties involved in the financing for development process contributed to creating a policy framework, the Monterrey Consensus of the International Conference on Financing for Development, to guide their respective future efforts to deal with issues of financing development at …
(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah
(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah
Articles
What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?