Deeper Commitment to Human Rights Treaties: Signaling and Investment Risk Perception

Why do some leaders make deeper commitments to human rights treaties (HRAs) by consenting to receive extra monitoring of complaints or communications from individual citizens? Extant theory suggests leaders join HRAs for tangible benefits. However, empirical support for this argument is mixed. To address this mismatch, we approach this question from a different angle. We argue that by ratifying HRAs, leaders send a signal that they are reliable partners who value future returns. Accepting optional articles and protocols that increase monitoring of the state’s human rights behavior, without changing the state’s substantive obligations, helps better signal that the regime does not fear instability nor sees the need to resort to the proscribed abuses in the future. This, in turn, serves as an important middle step to recognizing tangible benefits, such as foreign direct investment, by improving investors’ risk perception of ratified countries.     

War-torn countries,natural resources,emerging-power investors and the UN development system

The unsustainable aid dependency of war-torn countries – most of which are rich in natural resources – makes it imperative to start gradually replacing aid with foreign direct investment (fdi) and exports. This article identifies ways in which stakeholders – governments, the international community, including the UN development system, foreign investors, and local communities – could work together in a ‘win-win’ situation. Most crucial is avoiding conflict-insensitive policies that fuel discord by putting governments and foreign companies, often from emerging markets, in direct confrontation with local communities. The control of natural resources is often a root cause of conflict, and the latter’s exploitation can become a major challenge as wars end. The peculiarities of war-torn countries are discussed along with the specific impediments to attracting fdi into the exploitation of natural resources. An effective and fair legal framework is necessary to ensure that investors do not operate as ‘enclaves’, creating new conflicts.     

The Africa-China relationship: challenges and opportunities

The dramatic growth in the relationship between Africa and China is one of the great stories of the twenty-first century, part of the profound transformations taking place in the global political economy. It has been greeted with excitement, consternation, and confusion. To its cheerleaders, it represents the enduring partnership between Africa and China, spawned by the historical affinities of struggles against Western imperialism and humanistic aspirations for development. To its critics, it is reminiscent of European colonisation a century earlier, in which Africa serves as a cheap source of raw materials, a lucrative export market for Chinese manufactured goods, and an outlet for its surplus capital. Rather than a development partner, some see China as Africa's biggest development competitor, whose explosive growth and insatiable quest for global markets threatens Africa's industrialisation and competitiveness. This paper examines the factors behind the development of Africa-China relations, especially its economic magnitude, and the challenges and opportunities it offers both regions.     

Determinants of foreign direct investment and entry modes of Polish multinational enterprises: A new perspective on internationalization

This study uses firm data to examine the locational trends of foreign direct investment projects undertaken by Polish companies. The findings of the study are consistent with the evolutionary models of internationalization. Companies in the early stages of internationalization are motivated by markets and resource seeking, whereas efficiency seeking and strategic asset seeking are significant motivators in the advanced stages of internationalization. However, our results with respect to Polish cross-border acquisitions by service companies and greenfield foreign direct investments by industrial or manufacturing companies did not confirm the evolutionary model findings. We found evidence that, in both cases, investments are motivated by the need for efficiency or strategic assets.     

The Impact of the Unemployment Rate on Unemployment Benefits in Barbados: An Impulse Response Approach

The purpose of this article is to determine how the rate of unemployment will impact on unemployment benefits in Barbados using annual data from 1982 to 2009 with the use of an impulse response function. The results show that when a shock is applied to the rate of unemployment, which causes it to rise, unemployment benefits will contract marginally and this reaction will not stabilize until the 14th period when a new equilibrium will be attained. Since this new equilibrium will lie below the original equilibrium, rising unemployment will impact negatively on unemployment benefits although this decline will only be marginal.     

Shifting rights,property and authority in the forest frontier: ‘stakes’ for local land users and citizens

Customary land and forests are more embedded in the global economy than ever. With globally significant supplies of land and raw materials and favorable terms for foreign investors, developing countries – particularly in Africa – have become increasingly attractive trade partners and destinations for investors. Increasing competition over land is placing new pressures on vast tracts of forest and woodland, areas often considered ‘under-utilized’ by national governments despite their critical role in supporting local livelihoods. While increased demand for primary agricultural, forest and mining commodities in the context of forest tenure reforms and decentralized decision-making could create unprecedented economic opportunities for forest-dependent communities, increased ‘stakes’ over forest resources and land will undoubtedly heighten governance challenges. This is in no small part due to the political dynamics of property, and to the role of the ‘recursive constitution of property rights and authority’ in the evolution of the modern nation-state. By identifying the social ‘stakes’ associated with different pathways through which sectoral and extra-sectoral commodities shape forests, this paper provides a conceptual framework for analyzing how shifting contours of rights, property and authority in the context of forest-related trade and investment shape human well-being for affected communities and the wider citizenry of host countries. It then illustrates the use of the framework through its application to two brief case studies from southern Africa: tobacco production in Malawi and copper mining in Zambia. It is hoped that this framework will provide a meaningful contribution to growing scholarship on the political dynamics of property, and implications for rights-based approaches to agricultural investment and large-scale land acquisitions.     

预告登记权利人“排除异议”的判定——以《异议复议规定》第30条为中心

《异议复议规定》第30条作为预告登记权利人提出案外人异议的审查依据,因其中"排除异议"及"符合物权登记条件"在解释上易生歧义,致实务适用意见不一。依执行理论,除所有权外,何种权利始可排除强制执行,应依实体法之性质、效力及执行目的或方法确定。经预告登记之权利并非实体权利,其性质应为兼具物权性、债权性及从属性的请求权。目前,我国预告登记在强制执行中的效力,立法未臻明确,但结合我国预告登记实体法之"再处分禁止效力"及"不动产登记簿冻结效力",藉由目的解释,应将《物权法》第20条第1款之"处分"进行扩张,使其效力覆盖强制拍卖、变卖等"处分"性执行措施。而案外人据以《异议复议规定》第30条提出异议的,法院不应适用于商品房预售合同备案登记、网签及受让物权预告登记以外的其他预告登记之情形,其"符合物权登记条件"之确认,应参照预告登记转本登记之理论,采实务通说之标准,具化为满足合法有效的商品房买卖合同,已办理预告登记及支付全部价款或依约定支付价款之要件。     

The Catalytic Effect of IMF Lending: Evidence from Sectoral FDI Data

Our study contributes to the search for the elusive catalytic effect of International Monetary Fund (IMF) lending on inflows of foreign direct investment (FDI). Recent scholarship has found that the catalytic effect is conditional on political regime and program stringency. We contribute to this literature by developing and testing a theory which describes how the catalytic effect also varies by economic sector. This is a departure from existing studies, which have tended to focus on aggregate FDI flows after crises. Our findings corroborate previous research, which finds that in general IMF lending has a substantial and negative effect on FDI. However, we find that the negative effect is concentrated in sectors that are highly dependent on external capital and have low sunk costs in the host country. Our findings are robust to several alternative explanations common in IMF literature, namely the importance of IMF program design and the ability of governments to make credible commitments to reform. Substantively, our findings suggest that investors are more likely to use IMF lending as an escape hatch in countries where FDI is dependent on external capital and has low sunk costs.     

Adaptive strategies of smaller foreign investors in the Russian agricultural sector: identity,narrative and performance

This paper utilises a qualitative narrative analysis approach to examine smaller foreign investors operating within the Russian agricultural sector as private farmers: the foreign versions of the krestyansko-fermerskiye khoziaistva (peasant farms) that were the early focus of agrarian reform. With difficulty experienced by foreign investment in Russian agriculture, and with the Putin administration shifting its focus to larger scale agriculture, interest lies in the fate of these smaller foreign investors, set in the broader question of: ‘Is there really a future for smaller foreign investors in Russia?’ The investors were aligned along a performance and narrative spectrum, and the construction of their identities – guided by their adaptive processes on the ‘Turnerian’ frontier – were found to shape their business conduct, and interactions with labour forces and regional authorities. Negative prejudgment of the labour force existed amongst the investors – with associated negative notions of trust, inefficiency, laziness, morality, and sexual deviancy – and they were involved in explicit or ambiguous forms of gift-gifting, drawing parallels to Soviet blat behaviour. This paper concludes that despite efforts to construct identity, the narratives of the investors betrayed themselves in certain aspects, with elements of ‘undoing’ in the identity process.     

地上权制度之历史研究——兼评我国地上权立法

地上权制度是用益物权制度框架内的一项基本制度,经济和社会的发展使地上权具有了崭新的内容,在我国土地所有权归国家和农村集体经济组织所有的条件下具有广泛的适用范围,尤其是有助于解决城市用地、工业用地、居民住宅建设用地,以及在他人所有的土地上下铺设管道等公共设施而产生的权利义务关系,从而促进社会经济的发展。