IDEAS home Printed from https://ideas.repec.org/p/zbw/vfsc16/145505.html
   My bibliography  Save this paper

Signing a Bilateral Investment Treaty - A tradeoff between investment protection and regulation

Author

Listed:
  • Li, Chen

Abstract

We develop a theoretical model of bilateral investment treaties (BITs) to analyze their effects on firm profits and government welfare with heterogeneous firms. We explicitly model the trade-off between attracting foreign direct investment (FDI) and protecting the government's scope to regulate. We show that BITs can improve overall efficiency by internalizing externalities, but with firms gaining at the government's expense. The efficiency improvement does not hold for less profitable industries. We also show that attracting new FDI through a BIT may decrease welfare, while the protection of existing FDI unambiguously raises it. We propose redesigning BITs by including a tax on firm profits, in order to redistribute gains from a BIT such that both firms and the government see a Pareto improvement. In an empirical exercise, we estimate the expected annual cost for Germany resulting from an EU-US BIT to be $27mn, and the compensating profit tax to be 0.5%.

Suggested Citation

  • Li, Chen, 2016. "Signing a Bilateral Investment Treaty - A tradeoff between investment protection and regulation," VfS Annual Conference 2016 (Augsburg): Demographic Change 145505, Verein für Socialpolitik / German Economic Association.
    • Handle: RePEc:zbw:vfsc16:145505
    as

    Download full text from publisher

    File URL: https://www.econstor.eu/bitstream/10419/145505/1/VfS_2016_pid_6303.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Monika Mrázová & J Peter Neary, 2019. "Selection Effects with Heterogeneous Firms," Journal of the European Economic Association, European Economic Association, vol. 17(4), pages 1294-1334.
    2. Elhanan Helpman & Marc J. Melitz & Stephen R. Yeaple, 2004. "Export Versus FDI with Heterogeneous Firms," American Economic Review, American Economic Association, vol. 94(1), pages 300-316, March.
    3. Aisbett Emma & Karp Larry & McAusland Carol, 2010. "Compensation for Indirect Expropriation in International Investment Agreements: Implications of National Treatment and Rights to Invest," Journal of Globalization and Development, De Gruyter, vol. 1(2), pages 1-35, December.
    4. Utpal Bhattacharya & Neal Galpin & Bruce Haslem, 2007. "The Home Court Advantage in International Corporate Litigation," Journal of Law and Economics, University of Chicago Press, vol. 50(4), pages 625-660.
    5. Lawrence Blume & Daniel L. Rubinfeld & Perry Shapiro, 1984. "The Taking of Land: When Should Compensation Be Paid?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 99(1), pages 71-92.
    6. 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.
    7. Nikos Lavranos, 2015. "Challenges for Foreign Direct Investment in the Solar Energy Sector," CESifo Forum, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 16(02), pages 23-27, August.
    8. Aisbett, Emma, 2007. "Bilateral Investment Treaties and Foreign Direct Investment: Correlation versus Causation," MPRA Paper 2255, University Library of Munich, Germany.
    9. Miceli, Thomas J & Segerson, Kathleen, 1994. "Regulatory Takings: When Should Compensation Be Paid?," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 749-776, June.
    10. Peter Egger & Valeria Merlo, 2012. "BITs Bite: An Anatomy of the Impact of Bilateral Investment Treaties on Multinational Firms," Scandinavian Journal of Economics, Wiley Blackwell, vol. 114(4), pages 1240-1266, December.
    11. Mathias Wolkewitz, 2015. "The Natural Resources Industry Depends on Foreign Direct Investment: A Plea for Robust Investment Protection," CESifo Forum, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 16(02), pages 14-19, August.
    12. Christian Arndt & Julia Spies, 2012. "Nationality Matters: The Geographic Origin of Multinationals and the Productivity of their Foreign Affiliates," IAW Discussion Papers 79, Institut für Angewandte Wirtschaftsforschung (IAW).
    13. Colen, Liesbeth & Persyn, Damiaan & Guariso, Andrea, 2016. "Bilateral Investment Treaties and FDI: Does the Sector Matter?," World Development, Elsevier, vol. 83(C), pages 193-206.
    14. Christopher Hajzler, 2012. "Expropriation of foreign direct investments: sectoral patterns from 1993 to 2006," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 148(1), pages 119-149, April.
    15. Michael S Minor, 1994. "The Demise of Expropriation as an Instrument of LDC Policy 1980-1992," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 25(1), pages 177-188, March.
    16. Michael Tomz & Mark L. J. Wright, 2008. "Sovereign Theft: Theory And Evidence About Sovereign Default And Expropriation," CAMA Working Papers 2008-07, Centre for Applied Macroeconomic Analysis, Crawford School of Public Policy, The Australian National University.
    Full references (including those not matched with items on IDEAS)

    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. Josef C. Brada & Zdenek Drabek & Ichiro Iwasaki, 2021. "Does Investor Protection Increase Foreign Direct Investment? A Meta‐Analysis," Journal of Economic Surveys, Wiley Blackwell, vol. 35(1), pages 34-70, February.
    2. Aisbett, Emma & Busse, Matthias & Nunnenkamp, Peter, 2016. "Bilateral investment treaties do work: Until they don't," Kiel Working Papers 2021, Kiel Institute for the World Economy (IfW Kiel).
    3. Emma Aisbett & Matthias Busse & Peter Nunnenkamp, 2018. "Bilateral investment treaties as deterrents of host-country discretion: the impact of investor-state disputes on foreign direct investment in developing countries," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 154(1), pages 119-155, February.
    4. Horn, Henrik & Tangerås, Thomas, 2016. "Economics and Politics of International Investment Agreements," Working Paper Series 1140, Research Institute of Industrial Economics.
    5. Xiong, Tingting, 2022. "The Effect of Bilateral Investment Treaties (BITs) on the extensive and intensive margins of exports," The Quarterly Review of Economics and Finance, Elsevier, vol. 84(C), pages 68-79.
    6. Frank Stähler, 2023. "An optimal investor-state dispute settlement mechanism," Journal of Economics, Springer, vol. 138(1), pages 1-16, January.
    7. Guttorm Schjelderup & Frank Stähler, 2021. "Investor‐state dispute settlement and multinational firm behavior," Review of International Economics, Wiley Blackwell, vol. 29(4), pages 1013-1024, September.
    8. Seungjun Kim, 2023. "Protecting home: how firms’ investment plans affect the formation of bilateral investment treaties," The Review of International Organizations, Springer, vol. 18(4), pages 667-692, October.
    9. Shunya Ozawa, 2023. "Do international investment agreements attract foreign direct investment in knowledge intensive industries?," The World Economy, Wiley Blackwell, vol. 46(7), pages 2080-2101, July.
    10. Colen, Liesbeth & Persyn, Damiaan & Guariso, Andrea, 2016. "Bilateral Investment Treaties and FDI: Does the Sector Matter?," World Development, Elsevier, vol. 83(C), pages 193-206.
    11. Amendolagine, Vito & Prota, Francesco, 2021. "Bilateral investment treaties and backward linkages in Sub-Saharan Africa," International Economics, Elsevier, vol. 165(C), pages 172-185.
    12. Youngmin BAEK & HAYAKAWA Kazunobu, 2022. "Fixed Costs in Exporting and Investing," Discussion papers 22023, Research Institute of Economy, Trade and Industry (RIETI).
    13. Conconi, Paola & Sapir, André & Zanardi, Maurizio, 2016. "The internationalization process of firms: From exports to FDI," Journal of International Economics, Elsevier, vol. 99(C), pages 16-30.
    14. Shujiro Urata & Youngmin Baek, 2023. "Impact of International Investment Agreements on Japanese FDI: A firm‐level analysis," The World Economy, Wiley Blackwell, vol. 46(8), pages 2306-2334, August.
    15. Liesbeth Colen & Damiaan Persyn & Andrea Guariso, 2014. "What type of FDI is attracted by bilateral investment treaties?," LICOS Discussion Papers 34614, LICOS - Centre for Institutions and Economic Performance, KU Leuven.
    16. Andrew Myburgh & Jordi Paniagua, 2016. "Does International Commercial Arbitration Promote Foreign Direct Investment?," Journal of Law and Economics, University of Chicago Press, vol. 59(3), pages 597-627.
    17. Nathan M. Jensen & Noel P. Johnston & Chia-yi Lee & Hadi Sahin, 2020. "Crisis and contract breach: The domestic and international determinants of expropriation," The Review of International Organizations, Springer, vol. 15(4), pages 869-898, October.
    18. Kohler, Wilhelm & Stähler, Frank, 2019. "The economics of investor protection: ISDS versus national treatment," Journal of International Economics, Elsevier, vol. 121(C).
    19. Arjan Lejour & Maria Salfi, 2015. "The Regional Impact of Bilateral Investment Treaties on Foreign Direct Investment," CPB Discussion Paper 298, CPB Netherlands Bureau for Economic Policy Analysis.
    20. Aisbett Emma & Karp Larry & McAusland Carol, 2010. "Compensation for Indirect Expropriation in International Investment Agreements: Implications of National Treatment and Rights to Invest," Journal of Globalization and Development, De Gruyter, vol. 1(2), pages 1-35, December.

    More about this item

    JEL classification:

    • F21 - International Economics - - International Factor Movements and International Business - - - International Investment; Long-Term Capital Movements
    • F23 - International Economics - - International Factor Movements and International Business - - - Multinational Firms; International Business
    • F53 - International Economics - - International Relations, National Security, and International Political Economy - - - International Agreements and Observance; International Organizations

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    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:zbw:vfsc16:145505. 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: ZBW - Leibniz Information Centre for Economics (email available below). General contact details of provider: https://edirc.repec.org/data/vfsocea.html .

    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.