TradeLab: Social Media, Trade, and Investment for Development

When: 9AM Friday, October 18
Where: WCC 3019

Professor Joost Pauwelyn, a trade law expert at the Graduate Institute in Geneva and a panelist at the 2013 LIDS Symposium, will be giving a presentation to a select group of students and scholars regarding his new social media project TradeLab. Founded in collaboration with Stanford Law School, TradeLab seeks to bring together professional trade and investment law experts to help provide smaller businesses and under-resourced stakeholders (poor countries, smaller trade associations and NGOs) with the technical and legal resources necessary to engage with and benefit from trade and investment treaties.

LIDS Event Review: Cornell’s Ndulo contextualizes Chinese investment across Africa

October 7, 2013 – Cristoforo Magliozzi

Is China propagating a new wave of exploitation in Africa or is it beneficially recasting the position of Africa in the global economy? Cornell Law Professor Muna Ndulo suggested a bit of both in his visit to Harvard Law School on Thursday, Oct. 3, while contextualizing broader international investment practices in Africa and China’s investment elsewhere in the world.

Ndulo cited the role of China supporting anti-apartheid guerrilla movements in 1994 South Africa to illustrate that self-interest always reigns in how governments relate to one another.  Whether a beneficial or detrimental outcome results depends on whether interests converge.

The scope of Chinese influence must also be well-considered—a minority of African nations today that do not have some form of democracy, and each iteration is nuanced. One cannot presume that Chinese investment props dictators or impedes the progression of human rights; the consequences of Chinese investment must be considered on a nation-by-nation basis.

In some instances, the Chinese non-interference policy on investment might actually boost rights tied predominantly to economic and not structural factors in ways that the conditional policies of other nations may fail to produce. And one must also remember the tremendous role that other foreign investment in Africa plays, such as from Europe and the United States. China is not a lone player on the continent, and moreover, it might be a proportionally bigger player on other continents when one inspects how invested China is in Brazil, for example.

By whatever causal factors, there is no denying that there is a shift in the African narrative from being the “hopeless continent” a decade ago to the “rising continent” today—predicted by the IMF to claim 7 slots of the world’s top 10 fastest growing economies over the next five years.

Insofar as rising commodity prices—some due to China imports on goods like copper—African nations must plan to safeguard themselves against the economic shocks a disruption of demand would bring. Given that, Ndulo pointed to Chinese motives as more than extraction of raw materials. China is also invested in African banks, manufacturing, and infrastructure. This is not to say these are for altruistic reasons—China is motivated to create new markets for its exports and to take advantage of international markets through Africa—such as obtaining indirect benefits from Africa’s free trade provisions with the U.S. through the African Growth and Opportunity Act.

Looking forward, African nations must raise capital with borrowing and investment being the two predominant options. Looking at borrowing-induced financial crises of the past, investment from China and elsewhere seems the way forward provided that gains are consolidated within Africa and harnessed for lasting change.

LIDS Adviser Katrin Kuhlmann Launches New Markets Lab

September 15, 2013

LIDS adviser Katrin Kuhlmann launched a nonprofit called New Market Labs earlier this year. NML intends to generate and house innovative approaches in economic law, regulation and policy to address impediments to market expansion in developing countries. Based in Washington, DC, NML is already partnering with TransFarm Africa, the Aspen Network of Development Entrepreneurs (ANDE) and the International Fund for Agricultural Development (IFAD) on projects in Tanzania and Ethiopia.

Kuhlmann, together with former LIDS co-President Colette van der Ven and Erum Sattar of Harvard Law School, has also set up the Trade Innovation Institute, an informal group that gives students at Harvard and the Fletcher School of Law and Diplomacy an opportunity to research legal and policy matters relevant to NML”s mission.

Katrin Kuhlmann is an Adjunct Professor at Georgetown University Law Center, President of TransFarm Africa, a fellow at ANDE, and Executive Director of the U.S.-Africa Business Center. She was a 2012-13 Wasserstein Fellow at Harvard Law School.

Image Courtesy Barrick Gold Corp.

Summers in International Development: Vilnius, Lithuania

October 11, 2012 – Daniel Holman

For summer following my 1L year, I worked with the European office of a U.S. staffing and business services company in Vilnius, Lithuania.  Building in part on connections to the Lithuanian-American community, the company had recently found success in expanding to Europe by recruiting IT professionals in the Baltic to provide services U.S. and Western European companies.  Beside the opportunity to go abroad and experience an in-house legal department’s perspective, the legal underpinnings of the cross-border investments and trade in services on which that business depended was an added point of interest.  In addition to reviewing contracts and other work from the headquarters in Detroit, I spent much of the summer interacting with Lithuanian business and government leaders to understand the benefits and challenges of attracting and managing foreign investment.  Lithuania’s position as something of a crossroads nation–both geographically between east and west, and developmentally in the way it has built an advanced economy while still in wake of rapid social changes following independence in 1991–make it an interesting place to observe and think about how globalization plays out in different corners of the world.  It was also a reminder that development doesn’t just happen in the global south, but within individual countries and regions, and that opportunities for growth and development in one area may shape and be shaped by events far afield.

If you have any questions about Lithuania, in house work, or how any of this actually relates to development, don’t hesitate to contact me at dholman@jd14.law.harvard.edu.