IDEAS home Printed from https://ideas.repec.org/a/gam/jecomi/v12y2024i6p130-d1401269.html

The (Political) Economics of Bilateral Investment Treaties—The Unique Trajectory of Brazil

Author

Listed:
  • Christian Bellak

    (Department of Economics, Vienna University of Economics and Business, 1020 Vienna, Austria)

  • Markus Leibrecht

    (School of Finance, City University of Macau, Macau, China)

Abstract

Brazil, after signing several traditional Bilateral Investment Treaties without ratifying them, recently shifted towards a different type of bilateral investment agreement, i.e., Investment Cooperation and Facilitation Agreements. Two claims have been made in the literature regarding the transition from traditional Bilateral Investment Treaties to Investment Cooperation and Facilitation Agreements—Claim #1: The non-ratification of the traditional BITs has not harmed Foreign Direct Investment into Brazil, a claim which puts into question the purpose of Bilateral Investment Treaties. Claim #2: While Investment Cooperation and Facilitation Agreements avoid some of the problems of traditional Bilateral Investment Treaties, on balance they are less effective than traditional Bilateral Investment Treaties would have been. We examine the two claims from an empirical economic point of view. We build on the literature about Brazil’s position vis-à-vis Bilateral Investment Treaties, which must be viewed by an amalgamation of (i) a historical legacy; (ii) domestic initiatives, and (iii) a particular U-turn in the political debate. Using empirical evidence on Foreign Direct Investment effects of Bilateral Investment Treaties, the following conclusions emerge: With regard to claim #1, empirical evidence in general as well as specific to Brazil suggests that Brazil has forgone Foreign Direct Investment by not ratifying traditional Bilateral Investment Treaties. Concerning claim #2, while Investment Cooperation and Facilitation Agreements include alternative dispute settlement mechanisms, which aim at a better compliance of states with the Investment Cooperation and Facilitation Agreements’ rules, rather than the compensation of foreign investors, the lower stringency of the State–State dispute settlement mechanism compared to Investor–State dispute settlement mechanism makes Investment Cooperation and Facilitation Agreements less effective. Yet, this weakening effect must be weighed against the effects on Foreign Direct Investment from innovative clauses in Investment Cooperation and Facilitation Agreements, which are absent in many traditional Bilateral Investment Treaties.

Suggested Citation

  • Christian Bellak & Markus Leibrecht, 2024. "The (Political) Economics of Bilateral Investment Treaties—The Unique Trajectory of Brazil," Economies, MDPI, vol. 12(6), pages 1-20, May.
    • Handle: RePEc:gam:jecomi:v:12:y:2024:i:6:p:130-:d:1401269
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2227-7099/12/6/130/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2227-7099/12/6/130/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    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. 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.
    3. Shahryar Minhas & Karen L. Remmer, 2018. "The Reputational Impact of Investor-State Disputes," International Interactions, Taylor & Francis Journals, vol. 44(5), pages 862-887, September.
    4. 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.
    5. Jay Dixon & Paul Alexander Haslam, 2016. "Does the Quality of Investment Protection Affect FDI Flows to Developing Countries? Evidence from Latin America," The World Economy, Wiley Blackwell, vol. 39(8), pages 1080-1108, August.
    6. Daniela Campello & Leany Lemos, 2015. "The non-ratification of bilateral investment treaties in Brazil: a story of conflict in a land of cooperation," Review of International Political Economy, Taylor & Francis Journals, vol. 22(5), pages 1055-1086, October.
    7. Axel Berger & Matthias Busse & Peter Nunnenkamp & Martin Roy, 2013. "Do trade and investment agreements lead to more FDI? Accounting for key provisions inside the black box," International Economics and Economic Policy, Springer, vol. 10(2), pages 247-275, June.
    8. Joachim Pohl & Kekeletso Mashigo & Alexis Nohen, 2012. "Dispute Settlement Provisions in International Investment Agreements: A Large Sample Survey," OECD Working Papers on International Investment 2012/2, OECD Publishing.
    9. Kyla Tienhaara & Rachel Thrasher & B. Alexander Simmons & Kevin P. Gallagher, 2023. "Investor-state dispute settlement: obstructing a just energy transition," Climate Policy, Taylor & Francis Journals, vol. 23(9), pages 1197-1212, October.
    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. Phillips, Sara K., 2025. "The legal construct of mining conflicts," Resources Policy, Elsevier, vol. 109(C).

    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. Li, Shi & Urata, Shujiro & Zhao, Long, 2024. "Does the quality of bilateral investment treaties matter for outward foreign direct investment?," International Review of Economics & Finance, Elsevier, vol. 91(C), pages 207-218.
    2. 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.
    3. Simon Hartmann & Rok Spruk, 2023. "The impact of unilateral BIT terminations on FDI: Quasi-experimental evidence from India," The Review of International Organizations, Springer, vol. 18(2), pages 259-296, April.
    4. Michael Frenkel & Benedikt Walter, 2017. "Do Bilateral Investment Treaties Attract Foreign Direct Investment? The Role of International Dispute Settlement Provisions," WHU Working Paper Series - Economics Group 17-08, WHU - Otto Beisheim School of Management.
    5. Gopalan, Sasidaran & Park, Cyn-Young & Rajan, Ramkishen S., 2023. "Do International Investment Agreements attract Foreign Direct Investment inflows? Revisiting the literature," Economic Analysis and Policy, Elsevier, vol. 80(C), pages 471-481.
    6. Markus Leibrecht & Christian Bellak, 2023. "Investment policy reform as a driver of foreign direct investment: Evidence from China," Economics of Transition and Institutional Change, John Wiley & Sons, vol. 31(4), pages 1035-1053, October.
    7. 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.
    8. Bellak, Christian & Leibrecht, Markus & Chaisse, Julien, 2022. "Reforming International Investment Agreements: The Case of China and Foreign Direct Investment," Department of Economics Working Paper Series 328, WU Vienna University of Economics and Business.
    9. Eichler, Stefan & Nauerth, Jannik André, 2024. "Bilateral investment treaties and portfolio investment," Journal of International Financial Markets, Institutions and Money, Elsevier, vol. 91(C).
    10. Monika Sztajerowska, 2021. "International Investment Agreements, Double-Taxation Treaties and Multinational Activity: The (Heterogeneous) Effects of Binding," PSE Working Papers halshs-03265057, HAL.
    11. Stefan Eichler & Jannik André Nauerth, 2025. "Bilateral investment treaties and sovereign default risk: Evidence for emerging markets," International Journal of Finance & Economics, John Wiley & Sons, Ltd., vol. 30(2), pages 1803-1830, April.
    12. 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.
    13. Tag, Mehmet Nasih, 2021. "Judicial institutions of property rights protection and foreign direct investment inflows," International Review of Law and Economics, Elsevier, vol. 65(C).
    14. Rod Falvey & Neil Foster-McGregor, 2017. "Heterogeneous effects of bilateral investment treaties," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 153(4), pages 631-656, November.
    15. Khalil, Umair & Oak, Mandar & Ponnusamy, Sundar, 2021. "Political favoritism by powerful politicians: Evidence from chief ministers in India," European Journal of Political Economy, Elsevier, vol. 66(C).
    16. Monika Sztajerowska, 2021. "International Investment Agreements, Double-Taxation Treaties and Multinational Activity: The (Heterogeneous) Effects of Binding," Working Papers halshs-03265057, HAL.
    17. Awijen, Haithem & Dao, Thuy & Ameur, Hachmi Ben, 2025. "Leveraging BITs and institutional quality for sustainable development: The moderating role of climate-related development finance," Research in International Business and Finance, Elsevier, vol. 77(PB).
    18. Eichler, Stefan & Nauerth, Jannik A., 2024. "Bilateral investment treaties and portfolio investment," CEPIE Working Papers 01/24, Technische Universität Dresden, Center of Public and International Economics (CEPIE).
    19. Heid, Benedikt & Vozzo, Isaac, 2020. "The international trade effects of bilateral investment treaties," Economics Letters, Elsevier, vol. 196(C).
    20. Priyanka Kher & Dongwook Chun, 2020. "Policy Options to Mitigate Political Risk and Attract FDI," World Bank Publications - Reports 34380, The World Bank Group.

    More about this item

    Keywords

    ;
    ;
    ;
    ;

    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:gam:jecomi:v:12:y:2024:i:6:p:130-:d:1401269. 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: MDPI Indexing Manager The email address of this maintainer does not seem to be valid anymore. Please ask MDPI Indexing Manager to update the entry or send us the correct address (email available below). General contact details of provider: https://www.mdpi.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.