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Effects of Investment Treaties in the Global South

by Terra Lawson-Remer
U.S. President George W. Bush shakes hands with Rwandan President Paul Kagame after signing a bilateral investment treaty during a news conference at the Presidency in Kigali February 19, 2008 (Jason Reed/Courtesy Reuters). U.S. President George W. Bush shakes hands with Rwandan President Paul Kagame after signing a bilateral investment treaty during a news conference at the Presidency in Kigali, Rwanda on February 19, 2008 (Jason Reed/Courtesy Reuters).

Last week Lori Wallach, Director of Public Citizen’s Global Trade Watch, joined me at CFR for a rare on the record roundtable meeting. Living up to her reputation for incisive and provocative remarks, Wallach sparked a heated debate about the impacts of investment treaties in the global south. She argued that Bilateral Investment Treaties (BITs), which aim to protect foreign investors from unfair and arbitrary treatment by governments, are themselves arbitrary and unfair.

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The U.S. Supreme Court and Global Human Rights

by Terra Lawson-Remer
Plaintiff Esther Kiobel (L) joins a protest against Royal Dutch Shell Petroleum in front of the U.S. Supreme Court in Washington on October 1, 2012 (Gary Cameron/Courtesy Reuters). Plaintiff Esther Kiobel (L) joins a protest against Royal Dutch Shell Petroleum in front of the U.S. Supreme Court in Washington on October 1, 2012 (Gary Cameron/Courtesy Reuters).

On Tuesday the Supreme Court ruled that victims of torture, arbitrary executions, and other human rights abuses in foreign countries could not seek justice in U.S. courts. The ruling in Kiobel v. Royal Dutch Petroleum halted a widely watched case brought by a group of Nigerians, which alleged that in the 1990s Shell Oil was complicit in the torture and murder of protesters at the company’s operations in the impoverished but oil rich Ogoni region. The Supreme Court held unanimously that the “presumption against extraterritoriality” applies to Alien Tort Statute cases, meaning that foreigners cannot use U.S. courts to seek justice against foreigners for crimes committed on the soil and in the territory of foreign nations.

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Investing in (and from) the BRICS

by Gayle Tzemach Lemmon
A Malawian man sits on a bicycle outside a Chinese owned shop in Salima, a dusty town of 40,000 people near the shores of Lake Malawi, August 21, 2012 (Courtesy Reuters). A Malawian man sits on a bicycle outside a Chinese owned shop in Salima, a dusty town of 40,000 people near the shores of Lake Malawi, August 21, 2012 (Courtesy Reuters).

In a recent interview, Goldman Sachs’ Jim O’Neill, whose pen gave birth to the concept of the BRICs—the constellation of emerging economic powers Brazil, Russia, India, and China (and now including South Africa)—said the countries’ combined growth had “exceeded all expectations.”  Noted O’Neill, “in slightly over a decade the group’s GDP has grown from approximately $3 billion to $13 billion. The BRIC countries have the potential to avert a global recession and to grow faster than the rest of the world and to pull all of us along with them as a (growth) engine.”

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Afghanistan’s Overlooked Economic Transition

by Gayle Tzemach Lemmon
An Afghan vendor deals with customers at a local market in Kandahar Province, Afghanistan, December 2, 2012 (Ahmad Nadeem/Courtesy Reuters). An Afghan vendor deals with customers at a local market in Kandahar Province, Afghanistan, December 2, 2012 (Ahmad Nadeem/Courtesy Reuters).

Much attention has been devoted to Afghanistan’s upcoming political and security transition, with Secretary of State John Kerry arriving in Kabul today for meetings with Afghan President Hamid Karzai. But one critical piece of the stability equation has been largely overlooked to date: economic transition. As 2014 approaches, a great deal of progress will either be built upon or lost.

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Land Rights, Equity, and Economic Growth

by Terra Lawson-Remer
DATE IMPORTED:March 7, 2013A red sign "We must retaliate" is displayed next to an upended car at the entrance of Shangpu village, in China's southern Guangdong province on March 5, 2013 (James Pomfret/Courtesy Reuters). A red sign "We must retaliate" is displayed next to an upended car at the entrance of Shangpu village, in China's southern Guangdong province on March 5, 2013 (James Pomfret/Courtesy Reuters).

Counter-intuitively, economic growth (a prerequisite for reducing poverty in the world’s poorest countries) and the well-being of the worst-off and most vulnerable populations are often at odds in the developing world. This tension between poverty, equity, and economic growth is most visibly salient in disputes over land—a key resource for the food security and livelihoods of the poor, but also an essential resource for growth-enhancing investments in energy production and industrial manufacturing. Simmering land disputes that pit growth against equity roil just beneath the surface in many countries; just this past week, these conflicts have boiled over for different reasons across continents, from Kenya to China to Myanmar.

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New From CFR: John Campbell on Diamonds in Zimbabwe and Immunization in Nigeria

by Development Channel Staff
Volunteer Health officials wait to immunize children at a school in Nigeria's capital of Abuja, February 1, 2010 (Afolabi Sotunde/Courtesy Reuters). Volunteer Health officials wait to immunize children at a school in Nigeria's capital of Abuja, February 1, 2010 (Afolabi Sotunde/Courtesy Reuters).

This week on his blog, CFR senior fellow John Campbell has highlighted two major African concerns: resource wealth and immunization. He first explores the question of what is happening to the income generated by Zimbabwe’s Marange diamond fields. As he writes: Read more »

New From CFR: John Campbell on Nigeria’s Oil

by Development Channel Staff
A man walks as crude oil spills from a pipeline in Dadabili, Niger state, Nigeria, April 2, 2011 (Afolabi Sotunde/Courtesy Reuters). A man walks as crude oil spills from a pipeline in Dadabili, Niger state, Nigeria, April 2, 2011 (Afolabi Sotunde/Courtesy Reuters).

Today on his blog, CFR senior fellow John Campbell analyzes the Dutch court decision absolving Royal Dutch Shell of liability for four oil spills in Nigeria. As he explains: Read more »

New From CFR: Joshua Kurlantzick on Indonesia’s Infrastructure and Growth

by Development Channel Staff
PT Pertamina workers repair an old oil well for reactivation in Tarakan, Indonesia's East Kalimantan province, on February 9, 2011 (Beawiharta Beawiharta/Courtesy Reuters). PT Pertamina workers repair an old oil well for reactivation in Tarakan, Indonesia's East Kalimantan province, on February 9, 2011 (Beawiharta Beawiharta/Courtesy Reuters).

Yesterday on CFR’s Asia Unbound blog, CFR fellow Joshua Kurlantzick suggested that resource nationalism could threaten Indonesia’s economic development. As he argues: Read more »