The Unworkability of “Balanced Treaties” and the Importance of Diversity of Approach Among the BRICS

There is much rethinking being done about investment treaties. While some level of uniformity existed when there was institutional direction by the World Bank and hegemonic pressure exerted by states in the Global North, geopolitical power is now shifting in ways that are producing greater diversity in approaches to the field. The evidence seems to indicate that each state that is of sufficient size or power will seek to fashion its foreign investment policy in the context of its own circumstances. This is certainly true for Brazil, Russia, India, China, and South Africa (the BRICS). Within this group of newly industrializing countries, it is clear that a uniform approach to investment treaties will not emerge, despite avowals to the contrary. In this essay, I offer an assessment of the divergent paths some of these states have taken. I contend that China has emerged as a newly hegemonic actor in international investment in a way that undermines its traditional role as champion for the Third World, and that India's recent attempt to develop a “balanced approach” to investment treaties is unworkable. Only South Africa has developed an approach that seeks to protect its government's ability to serve the goals of its people by subjecting foreign investment disputes to South African law and courts.

THE MAJOR FACTORS WHICH CONTRIBUTED TO THE TRANSFORMATION OF TAIAN FROM A PRIMITIVE AGRICULTURAL SOCIETY TO ONE OF THE NWLY INDUSTRIALIZING COUNTRIES(NICS) IN ASIA

The major factors which contributed to the transformation of Taiwan from a primitive agricultural society to one od the newly industrializing countries (NICS) in Asia.

Paris: Beyond the Climate Dead End through Pledge and Review?

The Paris Climate Agreement of December 2015 marks a decisive break from the unsuccessful Kyoto regime. Instead of targets and timetables, it established a Pledge and Review system, under which states will offer Nationally Determined Contributions (INDCs) to reducing emissions that cause climate change. But this successful negotiation outcome was achieved at the price of vagueness of obligations and substantial discretion for governments. Many governments will be tempted to use the vagueness of the Paris Agreement, and the discretion that it permits, to limit the scope or intensity of their proposed actions. Whether Pledge and Review under the Paris Agreement will lead to effective action against climate change will therefore depend on the inclination both of OECD countries and newly industrializing countries to take costly actions, which for the OECD countries will include financial transfers to their poorer partners. Domestic politics will be crucial in determining the attitudes of both sets of countries to pay such costs. The actual impact of the Paris Agreement will depend on whether it can be used by domestic groups favoring climate action as a point of leverage in domestic politics—that is, in a “two-level game” simultaneously involving both international and domestic politics.