Battle for Foreign Direct Investment in Asia

Jan. 14, 2014 – Julian M. Hill

Asian countries positioning to attract more foreign capital, but at what cost?

Last month, E&Y (formally Ernst & Young) gave India an early Christmas present, apparently crowning India as the most attractive destination in the world for foreign direct investment (FDI). In the world, E&Y said! Besides its depreciating currency (at the time at least) and domestic companies divesting from homegrown entities, India’s liberalization of its FDI policy in August is likely a key reason for the country’s increasing appeal. The Indian government, for seven sectors, decided to increase the amount of FDI that could be contributed to companies and eliminate mandatory government approval, under certain circumstances, in five other sectors. Such broad liberalizations in FDI-governing laws are just one among other strategies being used by Asian countries to attract foreign money.

More targeted relaxations are being employed by Mongolia to encourage inbound FDI specifically from Chinese investors. Laos’s leadership also used a focused approach a few weeks ago to solicit more FDI from South Korea’s private sector during a trip to Seoul. Many Asian countries, like Laos, see FDI as an important contributor to economic growth and are not afraid to go out and get it.

Longer-term bilateral approaches in the form of bilateral treaties and co-operation agreements are continuously being drafted as well, as in the case of Malaysia and China. In October, the two countries reaffirmed agreements to bilaterally trade USD $160B over the next five years, agreements which also include terms centered on common defense and security cooperation.

With China’s economy growing and prices for labor and services increasing, countries like Cambodia and Vietnam are likely to attract investments that will exploit relatively lower related costs (Samsung made its move just this month). And so continues the race to the bottom, where multinational companies encourage countries to compete over them. The country that can deregulate the most, often at the expense of local industries, seems to win.

Infusing foreign capital into countries that need it is important—I’m no fool. The ugly side, though, cannot be ignored—displacement of politically weak communities, ignoring of labor rights, and the degradation of ecological systems among other problems. Luckily we can all just rely on it all trickling down right?  That’s if the goal is being poor and exploited with one job rather than being relatively less poor with no job.

Links for more information

http://www.globalpost.com/dispatch/news/xinhua-news-agency/131126/laos-seeks-foreign-direct-investment-s-korea

http://www.mad-mongolia.com/news/mongolia-news/mongolias-new-law-expected-to-attract-chinese-billions-2-16337/

http://blogs.wsj.com/searealtime/2013/10/05/china-malaysia-seek-to-strengthen-ties/

http://www.taipeitimes.com/News/biz/archives/2013/12/13/2003578891

http://www.dnaindia.com/money/interview-many-south-korean-companies-doing-surveys-to-invest-in-india-seok-gu-jang-1939923

[photo courtesy of ironline.american.edu]

LIDS 2013 Working Paper Selections

LIDS 2013 Working Paper Selections

For its 2013 Working Paper series, LIDS selected the following papers from among submissions from across the Harvard community and a number of other schools. Papers were chosen with an emphasis on addressing novel legal issues that affect development. The selected papers are:

• L. Michael Hager, former Director General, the International Development Law Institute (IDLI), Italy. “Development Law Capacity Building: Training Legal Professionals for Development.” [paper available here]

• Tae Jung Park, Visiting Researcher, Georgetown University Law Center. “The WTO as a Solution for Implementing ‘Right Institutions in Developing Countries.” [paper available here]

• Cristián Rodriguez-Chiffelle, Harvard Law School, LLM 2013. “A Technical and Policy Analysis of Denunciation of the ICSID Convention.” [paper available here]

• Dr. Suchita Shah, Harvard School of Public Health, MPH 2013, Oxford University (UK). “The globalization of intellectual property rights and traditional medicine.” (Pending.)

Our congratulations to the authors and thanks to everyone who submitted! As part of LIDS Live going forward, LIDS has an open request for writing on law and development issues, whether in the form of articles, white papers, or shorter formats such as editorials and blog postings. Please contact hlslids@gmail.com if you are interested in contributing to LIDS Live!

Event – Democracy and Sustainability: The Role of the Civil Society

Democracy and Sustainability: The Role of the Civil Society
When: Wednesday, December 11, 5:00 P.M. – 7:00 P.M.
Where: Wasserstein Hall 2036, Milstein East A, Harvard Law School
The Brazilian Studies Association at Harvard Law School invites you to a discussion with Oded Grajew
Distinguished Brazilian social entrepreneur, one of the originators of the World Social Forum and founder of the Ethos Institute, former member of the UN Global Compact Board responsible for recent institutional reforms in Brazil, former special advisor to President Luiz Inácio Lula da Silva (2003), and current general coordinator of Programa Cidades Sustentáveis

Strategy Internship Opportunity – Jan/Feb 2014

Evidence Action 

There is a gap between what research shows is effective in development and what happens in practice. Evidence Action bridges the gap, translating research into tangible results at scale.

A sister organization of MIT’s Poverty Action Lab (J-PAL) and Innovations for Poverty Action, Evidence Action is a new organization committed to scaling up proven, cost-effective, and sustainable interventions. Evidence Action was just selected by GiveWell as one of the top 3 charities of 2013.

Dispensers for Safe Water is one of Evidence Action’s two major initiatives. Dispensers for Safe Water combines an innovative chlorine dispenser technology with on-going service delivery to provide safe water in East Africa, reducing diarrheal disease by 40% and costing less than $0.50/person at scale. Dispensers reach over one million people now, and the program plans to scale to 25 million people by 2018 through innovative financing mechanisms.

Intern Qualifications & Role (for more information, click here)

Evidence Action is looking for a motivated individual who is passionate about using their business acumen, ingenuity and analytical skills to recommend approaches to two discrete and high priority projects at Evidence Action. Applicants might be MBA or JD students looking for opportunities during their January break.

We estimate that researching, analyzing and making recommendations these topics will take 2-4 weeks of full time engagement. We are open to either having one intern take on both projects, or having two separate Interns.

If interested: send your CV and a few sentences describing your interest and availability to Christina Riechers, Director of Strategy and Business Development at christina.riechers@evidenceaction.org as soon as possible. Interested candidates will be considered on a rolling basis.

China stepping up investments in East Africa

Dec. 6, 2013 – Julian M. Hill

China’s private sector increasingly active but not without backlash

At last Thursday’s Groundbreaking Ceremony, Kenya’s President Uhuru Kenyatta said that “it” would be a “landmark project both for Kenya and east Africa.” The “it” to which he referred is a 450-kilometre railway that will connect the Kenyan cities Mombasa and Nairobi—Kenyatta anticipates that it will link all of East Africa by extending as far west as Kigali, Rwanda.

Chinese companies have funded this and other types of large-scale projects in Africa for years, developing the Continent’s energy infrastructure to the delight, or fright, of many. In East Africa, though, China’s private sector has become especially active in recent months.

At the end of October, six Chinese companies and the Tanzanian government signed seven contracts worth 1.7 billion USD to construct power plants and housing units. Just a month before, a Chinese energy company signed a deal with the Ugandan government to build a phosphate mine and power plant, while another firm, of the oil variety, also agreed to construct an oil field. September did not leave Burundi out of the loop—it invited Chinese companies to build a presidential palace and hydropower dam.

Not everyone is happy about these developments. For example, Ugandan civil society organizations have recently called out China to step up its contributions to the Global Fund, which works to eradicate AIDS, TB, and malaria. China, which pledged 5 million USD to the fund over the past year, has invested billions in infrastructure projects to Africa just this year.  Complicating this story is the fact that Chinese companies are doing some positive things in the region—joining UNICEF to provide mobile computer stations and sponsoring a Ugandan sports team just in the past week. 

If the question is one of priorities, it is clear that at the end of the day, China, like any country, has its own self-interests. Asking China to increase Global Fund donations is valuable, but what will be interesting to see is what strategies East Africa’s civil society will use to push its governments to ensure that the needs of everyday people are not forgotten. Does this mean pushing for transparency, accountability, sustainability, and real shared benefit (see new South Africa Resource Barometer), outright protest, or some other alternatives?  Regardless of approach, I hope they and their allies in East African nations learn from the lessons of their brethren elsewhere in Africa, and the world.

Useful Links

http://mobile.nation.co.ke/News/Kenya-launches–13-8bn-China-built-railway-to-boost-trade-/-/1950946/2092168/-/format/xhtml/-/qjg82wz/-/index.html

http://sleepout.com/nomad/president-uhuru-kenyatta-officially-launches-standard-gauge-railway-project-in-mombasa/

http://www.howwemadeitinafrica.com/chinas-investment-in-africa-is-positive-says-investment-advisor/33013/

http://www.reuters.com/article/2013/10/24/tanzania-china-financing-idUSL5N0IE30U20131024

http://online.wsj.com/article/DN-CO-20130919-002993.html

http://www.bbc.co.uk/news/business-24279582

http://www.globaltimes.cn/content/814549.shtml#.UpysNo3t62o

http://allafrica.com/stories/201312020555.html

[photo courtesy of “The China Africa Project”]

Relief Aid for the Philippines

For those who are interested in donating or reaching out to local relief efforts in the aftermath of Typhoon Haiyan, our friends at the University of the Philippines College of Law have made the following recommendations:
1. Philippine Red Cross (PRC)

Address:  Bonifacio Drive, Port Area, PO Box 280, Manila 1018

Telephone: +632 527-0000

2. U.P. Law Student Government (LSG)
Address: Malcolm Hall, University of the Philippines, Diliman, Quezon City
[LSG Evening Program Representative Mr. Nino Herrera (ernesto.herreraiii@gmail.com) can be your contact person to the LSG.]