scholarly journals Networked capital: indirect investment and BIT formation

2021 ◽  
pp. 1-21
Author(s):  
Andrey Tomashevskiy

Abstract Why do states participate in bilateral investment treaties (BITs)? In this article, I examine the role of indirect investment on BIT formation. Indirect investment flows are an important aspect of the global investment regime that are underexamined by research focused on direct flows only. Indirect flows play an important role in affecting incentives for BIT participation because firms channel investment through intermediary destinations to take advantage of existing BITs. I argue that governments are more likely to participate in BITs when states expect to access groups of capital exporting states through second order links. When selecting BIT partners, states evaluate expected indirect foreign direct investment (FDI) flows by considering characteristics of a potential partner's second order FDI partners. States are thus more likely to participate in BITs when expectations for indirect flows are high. I use a variety of analyses to demonstrate evidence in favor of my hypotheses. I find evidence that indirect flows affect the likelihood of BIT formation and increase dyadic FDI flows. This research provides a novel explanation for BIT formation and contributes to research on indirect capital flows, treaty shopping and BIT formation.

2021 ◽  
Vol 94 (3) ◽  
pp. 519-557
Author(s):  
Yue Lu ◽  
Linghui Wu ◽  
Ka Zeng

This paper examines the effect of bilateral investment treaties (BITs) in promoting Chinese outward foreign direct investment (COFDI) in the presence of rising economic policy uncertainty in China's partner countries. We postulate that the signing of BITs should help stimulate COFDI because the treaties send a credible signal to foreign investors about the host country's intent to protect Chinese investment, and make it more difficult for the host country to violate its treaty obligations. BITs that contain rigorous investment protection and liberalization provisions, in particular, should be more likely to encourage COFDI as they directly influence Chinese investors' expectations about the stability, predictability, and security of the host market. However, while BITs generally promote COFDI, host country economic policy uncertainty may also limit their effectiveness. This is because uncertainty tends to undermine investor confidence, trigger capital flows from high- to low-risk countries, and dampen commercial activities. Poisson pseudo-maximum likelihood (PPML) estimation models of the determinants of COFDI to 188 countries between 2003 and 2017 lend substantial support to our conjectures.


2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Terence K. Teo ◽  

In contrast to the substantial scholarship on whether bilateral investment treaties (BITs) increase foreign direct investment (FDI), there is less work on what drives governments to sign these treaties in the first place. I develop a theory of treaty signing that emphasizes the domestic factors that motivate a government to sign BITs. Using a panel dataset of developing countries from 1960 to 2010, I find that governments scarce in natural resources are more likely to sign BITs compared to their richer counterparts. In addition, governments with middle levels of property rights are more likely to sign BITs compared to those with low or high levels. Finally, the most likely BIT signers are resource-scarce countries with middle levels of property rights. That strategic dynamics exist in BIT signing has implications for assessing the effects of these treaties in other issue areas such as trade, human rights, and the environment.


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