IDEAS home Printed from https://ideas.repec.org/a/spr/revint/v15y2020i4d10.1007_s11558-019-09367-9.html
   My bibliography  Save this article

The impact of bilateral investment treaties (BITs) on collective labor rights in developing countries

Author

Listed:
  • Fangjin Ye

    (Shanghai University of Finance and Economics (SUFE))

Abstract

Do bilateral investment treaties (BITs) affect collective labor rights in developing countries? BITs lock in pre-existing low labor standards that are attractive to vertical foreign direct investment, which represents a potential source of labor grievances and protests. Since foreign investors are likely to challenge labor unrest under stringent BITs, host governments are forced to take measures to undermine workers’ ability to engage in collective action in order to reduce the risk of labor unrest. We argue that governments may choose to undercut collective labor practices rather than laws, resulting in a worsening of labor practices and a larger gap between labor laws and practices. Evidence from 119 developing countries between 1985 and 2012 supports our hypotheses. Our results are robust to various measures of BITs, the inclusion of additional control variables, and different model specifications.

Suggested Citation

  • Fangjin Ye, 2020. "The impact of bilateral investment treaties (BITs) on collective labor rights in developing countries," The Review of International Organizations, Springer, vol. 15(4), pages 899-921, October.
  • Handle: RePEc:spr:revint:v:15:y:2020:i:4:d:10.1007_s11558-019-09367-9
    DOI: 10.1007/s11558-019-09367-9
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s11558-019-09367-9
    File Function: Abstract
    Download Restriction: Access to the full text of the articles in this series is restricted.

    File URL: https://libkey.io/10.1007/s11558-019-09367-9?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Beata Smarzynska Javorcik & Mariana Spatareanu, 2005. "Do Foreign Investors Care about Labor Market Regulations?," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 141(3), pages 375-403, October.
    2. Davies, Ronald B. & Vadlamannati, Krishna Chaitanya, 2013. "A race to the bottom in labor standards? An empirical investigation," Journal of Development Economics, Elsevier, vol. 103(C), pages 1-14.
    3. David KUCERA, 2002. "Core labour standards and foreign direct investment," International Labour Review, International Labour Organization, vol. 141(1-2), pages 31-69, March.
    4. Beck, Nathaniel & Katz, Jonathan N., 1995. "What To Do (and Not to Do) with Time-Series Cross-Section Data," American Political Science Review, Cambridge University Press, vol. 89(3), pages 634-647, September.
    5. Blanton, Robert G. & Blanton, Shannon Lindsey & Peksen, Dursun, 2015. "Financial Crises and Labor: Does Tight Money Loosen Labor Rights?," World Development, Elsevier, vol. 76(C), pages 1-12.
    6. Blake, Daniel J., 2013. "Thinking Ahead: Government Time Horizons and the Legalization of International Investment Agreements," International Organization, Cambridge University Press, vol. 67(4), pages 797-827, October.
    7. Elkins, Zachary & Guzman, Andrew T. & Simmons, Beth A., 2006. "Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960–2000," International Organization, Cambridge University Press, vol. 60(4), pages 811-846, October.
    8. Timothy Besley & Robin Burgess, 2004. "Can Labor Regulation Hinder Economic Performance? Evidence from India," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 119(1), pages 91-134.
    9. Graeme B. Robertson & Emmanuel Teitelbaum, 2011. "Foreign Direct Investment, Regime Type, and Labor Protest in Developing Countries," American Journal of Political Science, John Wiley & Sons, vol. 55(3), pages 665-677, July.
    10. Gordon H. Hanson & Raymond J. Mataloni & Matthew J. Slaughter, 2005. "Vertical Production Networks in Multinational Firms," The Review of Economics and Statistics, MIT Press, vol. 87(4), pages 664-678, November.
    11. Robert G. Blanton & Shannon L. Blanton, 2012. "Labor Rights and Foreign Direct Investment: Is There a Race to the Bottom?," International Interactions, Taylor & Francis Journals, vol. 38(3), pages 267-294, July.
    12. Lauge N. Skovgaard Poulsen & Emma Aisbett, 2011. "When the Claim Hits: Bilateral Investment Treaties and Bounded Rational Learning," Crawford School Research Papers 1105, Crawford School of Public Policy, The Australian National University.
    13. Lucas Ronconi, 2012. "Globalization, Domestic Institutions, and Enforcement of Labor Law: Evidence from Latin America," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 51(1), pages 89-105, January.
    14. Olney, William W., 2013. "A race to the bottom? Employment protection and foreign direct investment," Journal of International Economics, Elsevier, vol. 91(2), pages 191-203.
    15. Neumayer, Eric & Plümper, Thomas, 2010. "Spatial Effects in Dyadic Data," International Organization, Cambridge University Press, vol. 64(1), pages 145-166, January.
    16. Neumayer, Eric & Spess, Laura, 2005. "Do bilateral investment treaties increase foreign direct investment to developing countries?," World Development, Elsevier, vol. 33(10), pages 1567-1585, October.
    17. Helpman, Elhanan, 1984. "A Simple Theory of International Trade with Multinational Corporations," Journal of Political Economy, University of Chicago Press, vol. 92(3), pages 451-471, June.
    18. Srividya Jandhyala & Witold J. Henisz & Edward D. Mansfield, 2011. "Three Waves of BITs," Journal of Conflict Resolution, Peace Science Society (International), vol. 55(6), pages 1047-1073, December.
    19. Greenhill, Brian & Mosley, Layna & Prakash, Aseem, 2009. "Trade-based Diffusion of Labor Rights: A Panel Study, 1986–2002," American Political Science Review, Cambridge University Press, vol. 103(4), pages 669-690, November.
    20. Neumayer, Eric & Soysa, Indra de, 2006. "Globalization and the Right to Free Association and Collective Bargaining: An Empirical Analysis," World Development, Elsevier, vol. 34(1), pages 31-49, January.
    21. Allee, Todd & Peinhardt, Clint, 2011. "Contingent Credibility: The Impact of Investment Treaty Violations on Foreign Direct Investment," International Organization, Cambridge University Press, vol. 65(3), pages 401-432, July.
    22. Jennifer Tobin & Susan Rose-Ackerman, 2011. "When BITs have some bite: The political-economic environment for bilateral investment treaties," The Review of International Organizations, Springer, vol. 6(1), pages 1-32, March.
    23. Douglas Staiger & James H. Stock, 1997. "Instrumental Variables Regression with Weak Instruments," Econometrica, Econometric Society, vol. 65(3), pages 557-586, May.
    24. Bruce Blonigen, 2005. "A Review of the Empirical Literature on FDI Determinants," Atlantic Economic Journal, Springer;International Atlantic Economic Society, vol. 33(4), pages 383-403, December.
    25. Frances Ruane & Ali Ugur, 2005. "Export Platform FDI and Dualistic Development," The Institute for International Integration Studies Discussion Paper Series iiisdp028, IIIS.
    26. Dursun Peksen & Robert G. Blanton, 2017. "The impact of ILO conventions on worker rights: Are empty promises worse than no promises?," The Review of International Organizations, Springer, vol. 12(1), pages 75-94, March.
    27. Patrick J. W. Egan, 2012. "Is worker repression risky? Foreign direct investment, labour rights and assessments of risk in developing countries," Review of International Political Economy, Taylor & Francis Journals, vol. 19(3), pages 415-447, August.
    28. Stephen Ross Yeaple, 2003. "The Role of Skill Endowments in the Structure of U.S. Outward Foreign Direct Investment," The Review of Economics and Statistics, MIT Press, vol. 85(3), pages 726-734, August.
    29. Berliner, Daniel & Greenleaf, Anne & Lake, Milli & Noveck, Jennifer, 2015. "Building Capacity, Building Rights? State Capacity and Labor Rights in Developing Countries," World Development, Elsevier, vol. 72(C), pages 127-139.
    30. Toke Aidt & Zafiris Tzannatos, 2002. "Unions and Collective Bargaining : Economic Effects in a Global Environment," World Bank Publications - Books, The World Bank Group, number 15241, December.
    31. Baccini, Leonardo & Koenig-Archibugi, Mathias, 2014. "Why do states commit to international labor standards?: interdependent ratification of core ILO conventions, 1948-2009," LSE Research Online Documents on Economics 57665, London School of Economics and Political Science, LSE Library.
    32. Amy Pond, 2018. "Worker Influence on Capital Account Policy: Inflow Liberalization and Outflow Restrictions," International Interactions, Taylor & Francis Journals, vol. 44(2), pages 244-267, March.
    33. Hafner-Burton, Emilie M., 2005. "Trading Human Rights: How Preferential Trade Agreements Influence Government Repression," International Organization, Cambridge University Press, vol. 59(3), pages 593-629, July.
    34. Gabriele Spilker & Tobias Böhmelt, 2013. "The impact of preferential trade agreements on governmental repression revisited," The Review of International Organizations, Springer, vol. 8(3), pages 343-361, September.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Tarald Gulseth Berge & Øyvind Stiansen, 2023. "Bureaucratic capacity and preference attainment in international economic negotiations," The Review of International Organizations, Springer, vol. 18(3), pages 467-498, July.
    2. Nicole Janz & Noel Johnston & Paasha Mahdavi, 2022. "Expropriation and human rights: does the seizure of FDI signal wider repression?," The Review of International Organizations, Springer, vol. 17(4), pages 847-875, October.
    3. Horwitz, Frank M. & Cooke, Fang Lee, 2021. "Labor-management Relations in Emerging Economies and Developing Countries," GLO Discussion Paper Series 969, Global Labor Organization (GLO).

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Messerschmidt, Luca & Janz, Nicole, 2023. "Unravelling the ‘race to the bottom’ argument: Foreign direct investment and different types of labour rights," World Development, Elsevier, vol. 161(C).
    2. Luca Messerschmidt & Nicole Janz, 2020. "Unravelling the 'race to the bottom' argument: How does FDI affect different types of labour rights?," Munich Papers in Political Economy 05, Munich School of Politics and Public Policy and the School of Management at the Technical University of Munich.
    3. Olney, William W., 2013. "A race to the bottom? Employment protection and foreign direct investment," Journal of International Economics, Elsevier, vol. 91(2), pages 191-203.
    4. Berliner, Daniel & Greenleaf, Anne & Lake, Milli & Noveck, Jennifer, 2015. "Building Capacity, Building Rights? State Capacity and Labor Rights in Developing Countries," World Development, Elsevier, vol. 72(C), pages 127-139.
    5. Blanton, Robert G. & Blanton, Shannon Lindsey & Peksen, Dursun, 2015. "Financial Crises and Labor: Does Tight Money Loosen Labor Rights?," World Development, Elsevier, vol. 76(C), pages 1-12.
    6. Cooray, Arusha & Tamazian, Artur & Vadlamannati, Krishna Chaitanya, 2014. "What drives FDI policy liberalization? An empirical investigation," Regional Science and Urban Economics, Elsevier, vol. 49(C), pages 179-189.
    7. Raess, Damian & Wagner, Patrick, 2022. "South to north investment linkages and decent work in Brazil," Papers 1382, World Trade Institute.
    8. Eric Neumayer & Peter Nunnenkamp & Martin Roy, 2016. "Are stricter investment rules contagious? Host country competition for foreign direct investment through international agreements," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 152(1), pages 177-213, February.
    9. KAMATA Isao, 2020. "Labor Market Flexibility and Inward Foreign Direct Investment," Discussion papers 20057, Research Institute of Economy, Trade and Industry (RIETI).
    10. Isao KAMATA, 2021. "Labor Market Flexibility and Inward Foreign Direct Investment:Incentive or Outcome?," Discussion papers e-20-007, Graduate School of Economics , Kyoto University.
    11. Soumyajit Mazumder, 2016. "Can I stay a BIT longer? The effect of bilateral investment treaties on political survival," The Review of International Organizations, Springer, vol. 11(4), pages 477-521, December.
    12. Yoram Z. Haftel & Alexander Thompson, 2018. "When do states renegotiate investment agreements? The impact of arbitration," The Review of International Organizations, Springer, vol. 13(1), pages 25-48, March.
    13. Krishna Chaitanya Vadlamannati, 2015. "Rewards of (Dis)Integration," ILR Review, Cornell University, ILR School, vol. 68(1), pages 3-27, January.
    14. Di Ubaldo, Mattia & Gasiorek, Michael, 2022. "Non-trade provisions in trade agreements and FDI," European Journal of Political Economy, Elsevier, vol. 75(C).
    15. KAMATA Isao, 2023. "Foreign Direct Investment and Labor Market Flexibility in Host and Source Countries," Discussion papers 23033, Research Institute of Economy, Trade and Industry (RIETI).
    16. Seok-ju Cho & Yong Kim & Cheol-Sung Lee, 2016. "Credibility, preferences, and bilateral investment treaties," The Review of International Organizations, Springer, vol. 11(1), pages 25-58, March.
    17. Céline Azémar & Rodolphe Desbordes, 2010. "Short‐run Strategies for Attracting Foreign Direct Investment," The World Economy, Wiley Blackwell, vol. 33(7), pages 928-957, July.
    18. Davies, Ronald B. & Vadlamannati, Krishna Chaitanya, 2013. "A race to the bottom in labor standards? An empirical investigation," Journal of Development Economics, Elsevier, vol. 103(C), pages 1-14.
    19. Timm Betz & Andrew Kerner, 2016. "The influence of interest: Real US interest rates and bilateral investment treaties," The Review of International Organizations, Springer, vol. 11(4), pages 419-448, December.
    20. Patrick Wagner & Damian Raess, 2023. "South to north investment linkages and decent work in Brazil," LABOUR, CEIS, vol. 37(1), pages 122-159, March.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:revint:v:15:y:2020:i:4:d:10.1007_s11558-019-09367-9. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.