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	<title>TripleCrisis &#187; Kevin Gallagher</title>
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		<title>The New Economics of Capital Controls</title>
		<link>http://triplecrisis.com/the-new-economics-of-capital-controls/</link>
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		<pubDate>Fri, 27 Jan 2012 14:05:50 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
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		<description><![CDATA[Triple Crisis blogger Kevin P. Gallagher was recently interviewed by GlobalPolicyTV on the new economics of capital controls and how they are helping correct international markets. The interview is based on his new PERI Working Paper, &#8220;The Myth of Financial Protectionism: The New (and Old) Economics of Capital Controls.”]]></description>
			<content:encoded><![CDATA[<p>Triple Crisis blogger <a href="http://triplecrisis.com/author/kevin-gallagher/" target="_self">Kevin P. Gallagher</a> was recently interviewed by <a href="http://globalpolicy.tv/trade/item/236-dr-kevin-gallagher-of-boston-university-discusses-the-new-economics-of-captiol-controls" target="_blank">GlobalPolicyTV</a> on the new economics of capital controls and how they are helping correct international markets. The interview is based on his new PERI Working Paper, <a href="http://www.ase.tufts.edu/gdae/policy_research/mythoffinancialprotectionism.html" target="_blank">&#8220;</a><a href="http://ase.tufts.edu/gdae/policy_research/mythoffinancialprotectionism.html" target="_blank">The Myth of Financial Protectionism: The New (and Old) Economics of Capital Controls</a>.”</p>
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<p><a href="http://vimeo.com/35391399"></a></p>
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		<title>Capital controls are not beggar thy neighbour</title>
		<link>http://triplecrisis.com/capital-controls-are-not-beggar-thy-neighbour/</link>
		<comments>http://triplecrisis.com/capital-controls-are-not-beggar-thy-neighbour/#comments</comments>
		<pubDate>Wed, 25 Jan 2012 14:00:51 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[capital controls]]></category>
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		<category><![CDATA[financial crisis]]></category>
		<category><![CDATA[foreign investment]]></category>

		<guid isPermaLink="false">http://triplecrisis.com/?p=5201</guid>
		<description><![CDATA[Kevin P. Gallagher Emerging markets have fallen victim to unstable capital flows in the wake of the financial crisis. In an attempt to mitigate the accompanying asset bubbles and exchange rate pressures that come with such volatility, a number of emerging markets resorted to capital controls. Although these actions have largely been supported by the [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://triplecrisis.com/author/kevin-gallagher/" target="_self"><em>Kevin P. Gallagher</em></a></p>
<p>Emerging  markets have fallen victim to unstable capital flows in the wake of the  financial crisis. In an attempt to mitigate the accompanying asset  bubbles and exchange rate pressures that come with such volatility, a  number of emerging markets resorted to capital controls. Although these  actions have largely <a href="http://www.imf.org/external/pubs/ft/survey/so/2010/pol021910a.htm">been supported by the International Monetary Fund</a>, some policy-makers and <a href="http://www.ft.com/intl/cms/s/0/1478bc50-2d70-11e0-8f53-00144feab49a.html#axzz1j4lZ6Bsb">economists</a> have decried capital controls as protectionist measures that can cause spillovers that unduly harm other nations.</p>
<p>Recently-published research shows that these claims are unfounded.  According to the new welfare economics of capital controls, unstable  capital flows to <a title="FT: beyondbrics emerging markets hub" href="http://blogs.ft.com/beyond-brics/">emerging markets</a> can be viewed as negative externalities on recipient countries.  Therefore regulations on cross-border capital flows are tools to correct  for market failures that can make markets work better and enhance  growth, not worsen it.</p>
<p><span id="more-5201"></span></p>
<p>This work has been developed by economists Anton Korinek, Olivier  Jeanne, and others, and is summarised by Korinek in the August issue of  the <a href="http://www.palgrave-journals.com/imfer/journal/v59/n3/index.html"><em>IMF Economic Review</em></a>.  According to this research, externalities are generated by capital  flows because individual investors and borrowers do not know (or ignore)  what the effects of their financial decisions will be on the level of  financial stability in a particular nation. A better analogy than  protectionism would be the case of an individual firm not incorporating  its contribution to urban air pollution. Whereas in the case of  pollution the polluting firm can accentuate the environmental harm done  by its activity, in the case of capital flows a foreign investor might  tip a nation into financial difficulties and even a financial crisis.</p>
<p>This is a classic market failure argument and calls for what is referred to as a Pigouvian tax (named after the 20th century Cambridge economist <a href="http://en.wikipedia.org/wiki/Pigovian_tax">Arthur Pigou)</a> that will correct for the market failure and make markets work more efficiently.</p>
<p>Of course, economists such as <a href="http://www.jstor.org/stable/2724749">Keynes argued long ago</a> that capital controls are important to prevent crises and to maintain  an independent monetary policy that can strive for full employment and  financial stability. This new work however elegantly models capital  flows and capital controls in a broader contemporary economics context  and thus could be seen by some to be a more rigorous justification for  policy action on capital flows.</p>
<p>This work is not just for the blackboard. With quantitative easing,  and as interest rates were lowered for expansionary purposes in the  industrialised world between 2008 and 2011, capital flows returned to  emerging markets at an alarming rate, where interest rates and growth  were relatively higher. With eurozone jitters in the final quarter of  2011, capital flight occurred to the “safety” of the US and beyond. This  has caused significant asset and exchange rate volatility that has made  for an uncertain environment for policy-making and investment alike.</p>
<p>In response, <a href="http://www.imf.org/external/np/pp/eng/2011/021411a.pdf">many nations deployed capital controls</a> to regulate the negative effects of cross-border capital volatility. Like <a href="http://www.iie.com/publications/wp/wp11-7.pdf">earlier studies</a> confirming that capital controls can change the composition of inflows,  make for more independent monetary policy, and ease exchange rate  tensions, new studies are emerging that show how nations such as Brazil,  Taiwan, and South Korea have been at least moderately successful as  well.</p>
<p>In addition to the cries of protectionism by <a href="http://blogs.reuters.com/great-debate/2011/10/27/the-perils-of-protectionism/">Gordon Brown</a> and others, some have also argued that controls create negative spillovers to neighbouring nations. MIT economist <a href="http://www.ssc.wisc.edu/%7Emchinn/BubbleThyNeighbor-Draft-11-06-11.pdf">Kristin Forbes and colleagues</a> examined Brazil’s numerous taxes on capital inflows from 2008 to 2011  to test whether such measures were harming Brazil’s neighbours.</p>
<p>On the one hand, Forbes and colleagues found that Brazil’s controls  were meeting their stated objectives. However, in some attempts the  authors did find that Brazil’s actions impacted other emerging market  nations. Some of these spillovers were positive — some fund managers  steered away from not only Brazil but from other nations that have  regulated cross-border capital in the past. In other cases global  investors did indeed increase their allocations to neighbouring nations.</p>
<p>These mixed findings miss some of the broader context, especially  when seen in the light of the new welfare economics of capital controls.  First, Brazil’s taxes can be seen as Pigouvian measures to correct  against the negative spillovers generated from quantitative easing and  the dollar/real carry trade. Second, the ‘costs’ that Forbes et al find  to a small number of nations are not juxtaposed with the benefit of  preventing a crisis in Brazil — one only has to look at Brazil’s 1999  crisis to see its <a href="http://www.imf.org/external/pubs/ft/weo/1999/01/">contagious</a> effect on the region then.</p>
<p>Over a dozen  years ago, prominent trade theorist <a href="http://www.foreignaffairs.com/articles/54010/jagdish-n-bhagwati/the-capital-myth-the-difference-between-trade-in-widgets-and-dol">Jagdish Bhagwati reminded us</a> that capital account liberalisation is not analogous to trade  liberalisation and that measures to regulate capital flows are not  inherently evil.  The new welfare economics of capital controls further  show that such measures can be seen as the new “correctionism” rather  than the new protectionism — at exactly a time when nations need as many  tools in their crisis preventing arsenal as possible.</p>
<p><a href="http://blogs.ft.com/economistsforum/2012/01/capital-controls-are-not-beggar-thy-neighbour/#axzz1k5xrOUfq"><em>This piece was originally published at the Financial Times.</em></a> <em>It is based on Gallagher&#8217;s new working paper, ‘<a href="http://www.peri.umass.edu/236/hash/d5c918ec62a70169c19274d97965ae16/publication/494/">The Myth of Financial Protectionism:The New (and old) Economics of Capital Controls’.</a></em></p>
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		<title>Bamboozled by the TPP: The Small Benefits and Real Costs of the Trans-Pacific Partnership Agreement</title>
		<link>http://triplecrisis.com/bamboozled-by-the-tpp/</link>
		<comments>http://triplecrisis.com/bamboozled-by-the-tpp/#comments</comments>
		<pubDate>Mon, 23 Jan 2012 14:00:59 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[development]]></category>
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		<category><![CDATA[trade agreements]]></category>

		<guid isPermaLink="false">http://triplecrisis.com/?p=5185</guid>
		<description><![CDATA[Kevin P. Gallagher The Obama administration has launched a “21st Century” trade negotiation with a number of pacific-rim nations referred to as the Trans-Pacific Partnership (TPP).  While the full details of the proposed treaty are yet to be made public, early estimates show that the economic benefits of the agreement will be relatively small and [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://triplecrisis.com/author/kevin-gallagher/" target="_self"><em>Kevin P. Gallagher</em></a></p>
<p>The Obama administration has launched a “<a href="http://ase.tufts.edu/gdae/policy_research/LATNTradePolicy.pdf" target="_blank">21<sup>st</sup> Century” trade negotiation</a> with a number of pacific-rim nations referred to as the Trans-Pacific Partnership (TPP).  While the full details of the proposed treaty are yet to be made public, early estimates show that the economic benefits of the agreement will be relatively small and the regulatory costs could be significantly high—especially for the emerging market and developing countries engaged in the negotiations.</p>
<p>The gains of the agreement may be a mere $20 billion, or just over one percent of GDP on average for the nations involved.  To get those small gains nations will have to trade away the ability to use measures to prevent and mitigate financial crises, to develop a growth-based innovation system, to protect public health and the environment, and more.</p>
<p><span id="more-5185"></span></p>
<p>That’s right, according to <a href="http://www.usitc.gov/research_and_analysis/documents/petri-plummer-zhai%20EWC%20TPP%20WP%20oct11.pdf" target="_blank">a study by the East-West Center</a>, at best the agreement will bring a one-time boost in GDP to participating countries of just over one percent. The accompanying table to this note shows how these gains would be distributed.</p>
<p style="text-align: center;">﻿﻿<a href="http://ase.tufts.edu/gdae/images/tcb_gallagher.jpg"><img class="aligncenter" title="Economic Benefits of the TPP" src="http://ase.tufts.edu/gdae/images/tcb_gallagher.jpg" alt="Economic Benefits of the TPP" width="336" height="413" /></a></p>
<p>Vietnam and Malaysia seem to stand to gain more than half the benefits of the treaty, but those two countries would likely have to bear the most in terms of regulatory cost.  Both of these nations are significant low-wage assembly manufacturers that would export more goods to the US and Australia, and also import more intermediate goods for final assembly from those and other TPP nations.</p>
<p>These gains should also be seen as gross over-estimates as well.  The models deployed by the authors have estimates not only for goods trade, but also for services trade, and for the amount of foreign direct investment flows to the region.  The methods for the latter two estimates have little traction in the economics profession and are often not reported in official reports by the World Bank and others. Indeed, <a href="http://www.ase.tufts.edu/gdae/policy_research/shrinking_gains.html" target="_blank">work by myself and others</a> show that such models should be viewed in a very critical manner.</p>
<p>These over-estimated but still small benefits need to be juxtaposed with the costs.  The provisions for investment and intellectual property will bring significantly high costs to these nations.  What is more, the treaty will divert trade that probably should occur among others worse off.</p>
<p>In terms of investment, the treaty would <a href="http://www.ase.tufts.edu/gdae/policy_research/CapitalControls.html" target="_blank">rob the ability of parties to deploy regulations</a> on the flow of cross-border capital flows to prevent and mitigate financial crises.  Such regulations are a cornerstone of Vietnam’s exchange rate and export policy.   Malaysia’s regulation of capital outflows in the wake of the Asian financial crisis is credited with making Malaysia among the least worse off due to that crisis.  If these tools were used, the treaty’s “investor-state” dispute system that allows private firms to directly sue host country governments would kick in.</p>
<p>The agreement will also make it harder for nations to establish the appropriate innovation policies that are necessary to diversify the economy toward higher value added goods.  While nations like Brazil and China—with only commitments under the WTO and not a deal with the US—are free to learn from foreign firms and spur domestic industries, this will <a href="http://www.bu.edu/pardee/files/documents/PP-002-Trade.pdf" target="_blank">be much more difficult</a> for nations under its deal with the US.</p>
<p>Finally, the agreement will make other area nations worse off.  The treaty will distort markets in the Asian region such that Indonesia, the Philippines, Thailand, Japan, China, and South Korea would all be worse off.</p>
<p>Prominent trade theorist Jagdish <a href="http://www.project-syndicate.org/commentary/bhagwati20/English" target="_blank">Bhagwati has said</a> that if TPP nations accept this deal they will truly be “bamboozled.”  When looking at the potential gains and the real costs it is hard to come up with a rival conclusion.</p>
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		<title>Mission Creep: International Investment Agreements and Sovereign Debt Restructuring</title>
		<link>http://triplecrisis.com/mission-creep-international-investment-agreements/</link>
		<comments>http://triplecrisis.com/mission-creep-international-investment-agreements/#comments</comments>
		<pubDate>Fri, 13 Jan 2012 14:05:38 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[debt]]></category>
		<category><![CDATA[finance]]></category>
		<category><![CDATA[foreign investment]]></category>

		<guid isPermaLink="false">http://triplecrisis.com/?p=5112</guid>
		<description><![CDATA[Triple Crisis blogger Kevin P. Gallagher published the following article in the International Institute for Sustainable Development&#8217;s (IISD) Investment Treaty News on why international investment agreements (IIAs) should not be used as a way to circumvent debt restructuring. As members of the Eurozone are now acutely aware, the lack of a sovereign debt restructuring regime [...]]]></description>
			<content:encoded><![CDATA[<p><em>Triple Crisis blogger <a href="http://triplecrisis.com/author/kevin-gallagher/" target="_self">Kevin P. Gallagher</a> published the following article in the <a href="http://www.iisd.org/itn/2012/01/12/mission-creep-international-investment-agreements-and-sovereign-debt-restructuring-3/" target="_blank">International Institute     for Sustainable Development&#8217;s (IISD) Investment Treaty News</a> on why international investment agreements (IIAs) should not be used as a way to circumvent debt restructuring.</em></p>
<p>As  members of the Eurozone are now acutely aware, the lack of a sovereign  debt restructuring regime is one of the most glaring gaps in the  international financial architecture. That said, this summer’s decision  by a tribunal of the International Centre for Settlement of Investment  Disputes (ICSID), which grants a bilateral investment treaty (BIT)  jurisdiction over Argentina’s restructuring of its sovereign debt in the  wake of its 2001 financial crisis, shows that a de-facto regime may be  arising whereby international investment agreements (IIAs) can serve as a  way for disgruntled investors to circumvent debt restructuring.  This  amounts to mission creep on the part of IIAs. Creeping into such  territory is too much to take on for the world of IIAs. Sovereign debt  restructuring should be left to national governments and international  financial and monetary authorities.</p>
<p><span id="more-5112"></span></p>
<p>This  short article discusses how sovereign debt restructuring is seen as  grounds for private bondholders to file arbitral claims under IIAs; that  safeguards under IIAs are limited, particularly in US IIAs, meaning  that it is not clear which measures provide governments with policy  space to effectively restructure debt in times of crises; and if claims  against sovereign debt restructuring become more widespread they could  threaten the already fragile regime for financial crisis recovery.  Finally, technical options for reforming treaties to delegate debt  restructuring to the proper regimes are outlined.</p>
<p><strong>Background: Debt, the SDRM and CACs</strong></p>
<p>Though  it increasingly has a bad name in the current crisis, debt is an  important component of economic growth and development. But if it is not  managed properly debt can become unsustainable and force nations to  default or restructure their loans. At the turn of the century, the  International Monetary Fund (IMF) proposed a global mechanism for  working out debt problems, but it was rejected by the US government and  the global business community. In its place are collective action  clauses that have not become widespread and face a number of obstacles  to becoming adequate.</p>
<p>If  managed appropriately, government borrowing can be an essential  ingredient for economic development, and has been for centuries.  However, as we are witnessing in Europe, even when nations manage to  keep its debt to GDP ratio in good shape, they can still spiral into a  debt crisis—simply defined as when a nation cannot (or is no longer  willing) to service its debt.  Contagion from other crises or herd-like  bouts expressing a lack of investor confidence could prevent creditors  from rolling over or increasing loans. Moreover, debt is sometimes  denominated in a foreign currency, so when interest rates rise or the  value of nation’s currency falls (on its own or relative to its  neighbors) the cost of debt service can skyrocket.</p>
<p>Even  nations with low budget deficits can quickly be affected as governments  borrow to bailout frivolous banks or stimulate an economy during a  recession, but then experience slow growth and low tax revenue  thereafter. These tensions are exacerbated with developing nations that  are overly exposed to international financial markets. Any number of the  factors discussed above could cause massive inflows of debt and large  swings in outflows that can cause financial instability</p>
<p>Coordinated  global bailouts have been part of the traditional response to prevent  and mitigate debt crises, but receive a great deal of criticism because  of their costliness and lack of effectiveness. Europe allocated $1tn in  May of 2010, over $100bn in July 2011, and proposes yet another $109bn  in its October 2011 package. These bailouts go from the pockets of  taxpayers to private creditors. The record on the effectiveness of  bailouts is limited at best, with many nations taking years to recover,  if at all. Moreover, bailouts can encourage moral hazard where nations  and investors will engage in more risky behavior because they think they  will be bailed out in the end (Eichengreen, 2003).</p>
<p>Sovereign  debt restructuring (SDR) is increasingly seen as an alternative to  bailouts.  However, the international community views the SDR regime to  be greatly lacking.  When a sovereign government is no longer willing or  able to pay its debts, sovereign restructurings occur during what  amounts to a formal change to debt contracts negotiated between  creditors and debtors. SDRs (or “workouts”) often take the form of  reducing the face value of the debt, “swaps” where new bonds with lower  interest rates and longer maturities are exchanged for the defaulted  bonds, and so forth.  Such workouts are usually highly discounted and  result in a loss for bondholders. Losses or discounts are commonly  referred to as “haircuts”.</p>
<p>In  the early 2000s the IMF proposed a “Sovereign Debt Restructuring  Mechanism” (SDRM). The SDRM sought to provide a fair forum for  negotiation between bondholders and governments; a standstill clause  whereby bondholders can’t yank their money out of a debtor nation in a  herd; a facility to provide short-term financing and to prioritise a  debtor nations’ debt schedule; and clauses that limit the ability of  disgruntled minority bondholders to file lawsuits against debtor  nations.  The SDRM was swiftly rejected by the US government and the  business community.</p>
<p>Instead, the US proposed normalizing the use of collective action clauses (CACs). CACs have the following features: a <em>collective representation </em>component where a bondholders’ meeting can take place where they exchange views and discuss the default/restructuring; a <em>majority restructuring </em>component  that enables a 75% “supermajority” of bondholders to bind all holders  within the same bond issue to the terms of restructuring; and a <em>minimum enforcement </em>component  whereby a minimum of 25% of the bondholders must agree that litigation  can be taken. Unfortunately, the majority of the bonds in the Eurozone  do not have CACs and even if they did, a restructuring would not be  burden free. The International Swaps and Derivatives Association can  rule out a CAC and pay out insurance to bondholders instead. CACs also  do not apply across bond issuances and thus it may be hard to get  agreement on a whole swath of debt that a nation in trouble would like  to swap. And it may be the case that CACs are no cover for IIAs.</p>
<p><strong>Hello Argentina:  IIAs and Sovereign Debt Restructuring</strong></p>
<p>Readers  of this publication know that an increasing number of the more than  2,000 trade and investment treaties that govern international investment  flows cover “any type of asset.” What may be news to some is that a  recent ICSID panel has seen Argentina’s restructuring of debt in the  wake of its 2001 financial crisis as falling under the jurisdiction of  the Italy-Argentina BIT. Indeed, sovereign debt is “any kind of asset”  and thus a BIT may be a place where investors can seek to recover the  full value of their bonds.</p>
<p>When  Argentina restructured its debt in 2005 close to 180,000 Argentine  bondholders filed a claim under the Italy-Argentina BIT for  approximately $4.3bn. Some of those investors settled in a 2010  restructuring and now there are believed to still be approximately  60,000 Italian bondholders seeking upwards of $2 billion from Argentina  at ICSID. This September, a majority of a private <a href="http://www.ft.com/intl/cms/s/5d42cb7a-e539-11e0-852e-00144feabdc0,Authorised=false.html?_i_location=http%3A%2F%2Fwww.ft.com%2Fcms%2Fs%2F0%2F5d42cb7a-e539-11e0-852e-00144feabdc0.html&amp;_i_referer=#ixzz1Z2f"><em>World Bank tribunal decided that Argentina’s bond restructuring</em></a><em> </em>indeed  does fall under the jurisdiction of these treaties. The case will  therefore continue, despite a scathing dissent from a third member of  the tribunal (IAR, 2011). The bondholders seeking their investments  through the trade treaty are among the few remaining holdouts.</p>
<p>Box  1 outlines where IIAs can tangle with sovereign debt restructuring. And  it is not clear that the small number of safeguard measures in place  can assure that a nation can have a debt workout without also getting  snared in an ICSID process.</p>
<table cellspacing="0" cellpadding="0" width="100%">
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<div>
<p style="text-align: center;"><strong>Box 1:  IIAs and Sovereign Debt Restructuring</strong></p>
<p style="text-align: center;"><strong>Jurisdiction:</strong> If IIAs are deemed to cover “any kind of asset” then it can be argued  that sovereign debt falls under the jurisdiction of the treaty.</p>
<p style="text-align: center;"><strong>Expropriation:</strong> SDR could be seen as an indirect expropriation because a restructuring reduces the value of the sovereign bond.</p>
<p style="text-align: center;"><strong>Fair and Equitable Treatment (FET):</strong> Insofar as FET is seen as protecting investors’ legitimate  expectations, a bond swap that was not expected during the initial  investment period could be seen as a violation of that standard.</p>
<p style="text-align: center;"><strong>National Treatment:</strong> In some financial circumstances, it may be important to treat domestic  bondholders differently than foreigners. This could be seen to violate  National treatment, however.</p>
</div>
</td>
</tr>
</tbody>
</table>
<p>The  safeguards and exceptions in many IIAs are not adequate enough to  provide cover for nations to restructure their debt. For most cases the  only possible safeguard are “essential security” provisions. A handful  of the United States’ treaties have an annex that discusses sovereign  debt restructuring that is very limited.</p>
<p>It  may be possible that a nation can claim that actions taken during a  financial crisis are measures needed to protect the ‘essential security’  of the nation. Language like Article 18 of the United States Model BIT  is found in many treaties:</p>
<p>…<em> to preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the  maintenance or restoration of international peace or security, or the  protection of its own essential security interests (USTR, 2004).</em></p>
<p>The  article does not mention economic crises per se, but “all tribunals  that have considered the matter thus far have interpreted the rules  broadly enough to include such crises” (Salacuse, 2010: 345). However,  tribunals differ greatly over how grave the difficulties may be. In  Argentina, again, tribunals came to opposite conclusions, and only one  of three tribunals ruled that Argentina could not be held liable for  actions it took to halt its crisis. A key matter is whether or not a  measure by a nation to stem a crisis can be seen as “self-judging”. In  other words, can the host nation using the control be the judge of  whether or not the measure taken was necessary to protect its security.  The language quoted above in the 2004 Model BIT, which says “that <em>it </em>considers” is now seen as to mean that a measure is self judging (because of the “<em>it”</em>), but Argentina’s BITs with the United States and others did not include as precise language at the time (Salacuse, 2010).</p>
<p>Some  of the recent IIAs negotiated by the United States clearly define  sovereign bonds as covered investments and provide explicit guidelines  for the interaction between SDR and certain IIAs. The US is usually  reluctant to negotiate such guidelines, as it sees CACs as sufficiently  safeguarding sovereign debt restructuring.  However, when negotiating  partners insist, the US is sometimes willing to compromise with an  annex.</p>
<p>What  is found in the US-Uruguay BIT, and in FTAs with Central America,  Chile, Peru, and Colombia is a special annex on sovereign debt  restructuring.  Though the specific text varies across the treaties with  such an annex, they usually prohibit claims against ‘negotiated debt  restructuring’, unless an investor holds that a restructuring violates  national treatment (NT) or (MFN). Such treaties usually define  “negotiated restructuring,” as a restructuring where 75% of the  bondholders have consented to a change in payment terms. If an investor  does file a claim in the event of a restructuring that is not a  “negotiated” one, s/he must honor a ‘cooling off’ period usually lasting  270 days before a claim may be filed. There is no cooling off period  for a non-negotiated or negotiated restructuring that violates NT or  MFN.</p>
<p>These  annexes are not standard in US treaties after NAFTA (NAFTA excludes  sovereign debt from the definition of investment altogether). Indeed,  the US-Australia, US-South Korea, US-Morocco, US-Oman, US-Panama and  US-Singapore agreements included bonds and debt as covered investments  but do not include annexes for sovereign debt restructuring.</p>
<p>The  Dominican Republic-Central America Free Trade Agreement resembles the  Chile FTA much more closely. Like the above agreements, bonds and other  debt instruments are considered covered investments under the agreement.  Annex 10-A then specifies very clearly that sovereign debt  restructuring is subject <em>only</em> to Articles 10.3 (National  Treatment) and 10.4 (MFN). The additional cooling off period does not  seem to apply and there is no mention of “negotiated restructuring” as a  prerequisite.</p>
<p>These  annexes can be seen as a step in the right direction given that parties  to the agreement recognize that restructuring is a special case, yet  they remain far from adequate for at least four reasons. First, CACs  will not alleviate the possibility that nations will seek claims for  restructuring. As indicated earlier, vulture funds and other holdouts  can acquire a supermajority within a bond issuance and neutralize the  bond issue and a 25 percent minority can still agree to litigate and  arbitrate. Second, the definition of investment and umbrella clauses  allow for investor-state arbitration under treaty obligations regardless  if such obligations are also covered by domestic law. Third, most  restructurings are multi-issue restructurings and suffer from the  aggregation problem described above. Again, collective action clauses  only apply within a bond issue, not across multiple issues that are  often bundled together in a restructuring.</p>
<p>Fourth  and very importantly, economists and international financial  institutions have repeatedly held that, in contradiction with the  national treatment principle, domestic bondholders and financial  institutions sometimes needed to be treated differently during a crisis.  Prioritizing domestic debt may be in order so as to revive a domestic  financial system, provide liquidity and manage risk during a recovery  (Gelpern and Setser, 2004, 796).</p>
<p><strong>Reforming the Mission</strong></p>
<p>This  short note has outlined how some IIAs have provisions that may prevent  the ability of financial and monetary authorities to effectively manage  debt crises. Argentina is thus far the only country subject to claims,  but the numerous investment treaties negotiated since the Argentine  crisis of 2001 and the fragility of the global financial system  unfortunately mean that similar cases may arise in the future.</p>
<p>The  following are three non-exclusive policy remedies that would enable  IIAs to grant nations the policy space to conduct effective SDRs in the  future:</p>
<ul>
<li><strong>Exclude sovereign debt from IIAs.</strong> The exclusion of sovereign debt from “covered” investments under future  treaties would relegate sovereign debt arbitration to national courts  and to international financial bodies. Some IIAs already exclude  sovereign debt, such as NAFTA and others. Argentina’s new model BIT is  reported to be moving in this direction as well.</li>
<li><strong>Clarify that mitigating financial crises is “essential security”.</strong> Clarify that the Essential Security exceptions cover financial crises  and that sovereign debt restructuring taken by host nations is  ‘self-judging’ and of ‘necessity.’</li>
<li><strong>State-to-State dispute resolution for SDR and crisis</strong> <strong>related instances</strong> may be more prudent than investor-state arbitration given that  governments need to weigh a host of issues in such circumstances. States  attempt to examine the economy-wide or public welfare effects of crises  whereas individual firms rationally look out for their own bottom line.  Investor-state tips the cost-benefit upside down, giving power to the  “losers” even when the gains to the “winners” (the larger public and the future of a nation) of an orderly restructuring may far outweigh the costs to the losers.</li>
</ul>
<p><strong>References:</strong></p>
<p>Eichengreen, Barry (2003), “Restructuring Sovereign Debt,” <em><em>Journal of Economic Perspectives</em></em> vol. 17(4), pages 75-98.</p>
<p>Gelpern, Ann and Brad Setser, (2004), “Domestic and External Debt: The Doomed Quest for Equal Treatment,” <em>Georgetown Journal of International Law</em>, v35, n4, 795-814.</p>
<p>Investment Arbitration Reporter (IAR), “Argentine sovereign bond arbitration at ICSID”   Vol. 4, No. 16, November 3, 2011.</p>
<p>Salacuse J (2010). <em>The Law of Investment Treaties. </em>Oxford. Oxford University Press.</p>
<p>United States Trade Representative (2004), US-Model BIT, Washington.</p>
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		<title>Capital controls offer growth from more stable world</title>
		<link>http://triplecrisis.com/capital-controls-offer-growth-from-more-stable-world/</link>
		<comments>http://triplecrisis.com/capital-controls-offer-growth-from-more-stable-world/#comments</comments>
		<pubDate>Wed, 28 Dec 2011 14:00:50 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[capital controls]]></category>
		<category><![CDATA[development]]></category>
		<category><![CDATA[finance]]></category>
		<category><![CDATA[financial crisis]]></category>

		<guid isPermaLink="false">http://triplecrisis.com/?p=4990</guid>
		<description><![CDATA[Kevin P. Gallagher Gillian Tett (“Fears of worse to come fuel debate over capital controls”, December 16) highlights the new and important Bank of England paper on capital flows and financial crises that argues how cross-border capital flows continue to plague the world economy and will continue to do so in alarming ways to 2050. [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://triplecrisis.com/author/kevin-gallagher/" target="_self"><em>Kevin P. Gallagher</em></a></p>
<p>Gillian Tett (“<a title="FT - Crisis fears fuel debate on capital controls" href="http://www.ft.com/cms/s/0/fec556f6-272a-11e1-b7ec-00144feabdc0.html#axzz1h0tPM48C">Fears of worse to come fuel debate over capital controls</a>”,  December 16) highlights the new and important Bank of England paper on  capital flows and financial crises that argues how cross-border capital  flows continue to plague the world economy and will continue to do so in  alarming ways to 2050. The Bank rightly argues for cross-border  regulation and co-ordination on capital flows – traditionally referred  to as capital controls.</p>
<p><span id="more-4990"></span></p>
<p>Traditionally,  policymakers and the financial press would shudder when talk of  regulating cross-border flows arises. Many have made the wrong analogy  to trade, where tariffs are seen as distortionary to economic activity  and thus a drag on potential growth. New research in economic theory and  in econometric evidence shows that capital account regulations can make  markets work better and that such regulations are effective. As the  Bank of England notes, if nations co-ordinated such regulation they  might work even better.</p>
<p>In  the August issue of the International Monetary Fund Economic Review,  economist Anton Korinek shows how, in an environment of uncertainty,  imperfect information and volatility, capital account regulations are  more analogous to Pigouvian taxes that actually correct for a market  failure rather than cause a distortion. In other words, capital controls  are “correctionist” not “protectionist”.</p>
<p>These theoretical advances come on the heels of a mountain of  evidence by the IMF and the National Bureau of Economic Research that  shows how developing countries that have used regulations were among the  least hard hit during the crisis and have been stemming the tide ever  since. This is truly amazing given that all the burden has been on  capital recipient nations, not nations that are the source of the  problem.</p>
<p>Like the Bank of England suggests, if industrialised countries  co-ordinated with emerging market countries and, as Keynes said,  regulated capital on “both ends”, the world would be a much more stable  place for growth and prosperity.</p>
<p><a href="http://www.ft.com/intl/cms/s/0/10c15492-27d8-11e1-a4c4-00144feabdc0.html#axzz1hIaoYQiO" target="_blank"><em>This piece was originally published in the Financial Times. </em></a></p>
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		<title>Spotlight G20: The IMF must heed G20 decisions</title>
		<link>http://triplecrisis.com/the-imf-must-heed-g20-decisions/</link>
		<comments>http://triplecrisis.com/the-imf-must-heed-g20-decisions/#comments</comments>
		<pubDate>Wed, 30 Nov 2011 18:44:24 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Spotlight G-20]]></category>
		<category><![CDATA[capital controls]]></category>
		<category><![CDATA[foreign investment]]></category>
		<category><![CDATA[IMF]]></category>

		<guid isPermaLink="false">http://triplecrisis.com/?p=4755</guid>
		<description><![CDATA[Kevin P. Gallagher The G20 meeting in Cannes earlier this month was derailed by the pressing eurozone crisis. Actors were disappointed if they were looking for concrete action on global imbalances and the food crisis, let alone the new global monetary system that French President Nicolas Sarkozyboasted would be the goal of the summit when he first [...]]]></description>
			<content:encoded><![CDATA[<p><em><a href="http://triplecrisis.com/author/kevin-gallagher/">Kevin P. Gallagher</a></em></p>
<p>The <a title="More from guardian.co.uk on G20" href="http://www.guardian.co.uk/world/g20">G20</a> meeting in Cannes earlier this month was derailed by the pressing eurozone crisis. Actors were disappointed if they were looking for concrete action on global imbalances and the food crisis, let alone the new global monetary system that French President <a title="More from guardian.co.uk on Nicolas Sarkozy" href="http://www.guardian.co.uk/world/nicolas-sarkozy">Nicolas Sarkozy</a>boasted would be the goal of the summit when he first took the helm as host. But behind the scenes, the G20 actually delivered on a set of &#8220;coherent conclusions&#8221; on the management of speculative capital flows in emerging markets that should not be overlooked, especially by the International Monetary Fund (<a title="More from guardian.co.uk on IMF" href="http://www.guardian.co.uk/business/imf">IMF</a>).</p>
<p>Sarkozy assumed his role as head of the G20 during a period of excessive volatility in global capital markets that continues to this day. Because of loose monetary policy, low interest rates and a slow recovery in the North Atlantic, accompanied by high interest rates and rapid growth in emerging markets, the world&#8217;s investors flocked from north to south – to Brazil, Chile, South Korea, Taiwan and others. More recently, in response to eurozone jitters, capital has retreated from emerging markets to the &#8220;safety&#8221; of the <a title="More from guardian.co.uk on United States" href="http://www.guardian.co.uk/world/usa">United States</a> – showing how dangerous speculative capital flows can be. <a href="http://www.imf.org/external/pp/longres.aspx?id=4613">New work released by the IMF this week suggests</a> they are picking and choosing their direction from the G20.</p>
<p><span id="more-4755"></span></p>
<p>In a significant reversal of past policy, in 2010 the IMF began recommending that nations deploy capital controls to mitigate the effects of speculative capital. Indeed, <a href="http://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=2&amp;ved=0CDUQFjAB&amp;url=http%3A%2F%2Fwww.imf.org%2Fexternal%2Fpubs%2Fft%2Fsurvey%2Fso%2F2010%2Fpol021910a.htm&amp;ei=NXnGTs7WKOLc0QGFzoD0Dw&amp;usg=AFQjCNEXnCoG0_g7ZFGac-lw3qJjofRYxg&amp;sig2=6zw5IyAwCZ4PwKHCtLbMaw">IMF work in 2010 showed</a> that those countries that deployed capital account regulations were among the least hard-hit during the worst of the global financial crisis. As numerous countries across the globe began using controls in 2010-2011, <a href="http://www.imf.org/external/np/pp/eng/2011/021411a.pdf">further IMF work showed</a> that those measures showed signs of working, too.</p>
<p><a href="http://www.ft.com/intl/cms/s/0/30e9ca28-27b2-11e0-a327-00144feab49a.html">Sarkozy thus called for a code of conduct</a> on capital controls and tasked the IMF to propose a set of guidelines for reform. The <a href="http://www.imf.org/external/pubs/ft/survey/so/2011/NEW040511B.htm">IMF delivered a set of guidelines in April of this year</a> that <a href="http://www.guardian.co.uk/commentisfree/cifamerica/2011/nov/29/imf-must-heed-g20-decisions">met stiff resistance</a> from the emerging market and developing countries that have been most successful in deploying capital controls. The IMF&#8217;s proposed guidelines recommend that countries deploy capital controls only as a last resort – that is, after such measures as building up reserves, letting currencies appreciate and cutting budget deficits.</p>
<p>Developing countries thought the guidelines missed the point. In the cases where the IMF found controls to be effective, such measures were part of a broader macroeconomic toolkit, and were deployed alongside other measures – not as a &#8220;last resort&#8221;. In October, these concerns were echoed by an <a href="http://www.bu.edu/pardee/2011/09/16/capital-flows-task-force/">independent task force of academics and former policy-makers</a> that I co-chaired. <a href="http://www.project-syndicate.org/commentary/ocampo10/English">We stressed that</a> &#8220;consigning such measures to &#8216;last resort&#8217; status would reduce the available options precisely when countries need as many tools as possible to prevent and mitigate crises.&#8221;</p>
<p>By the runup to the Cannes meeting, most of the G20&#8242;s apparatus was focused on the eurozone. However, a working group was formed to take the capital flows issue to the highest level. Headed by Germany and Brazil, the group forged the <a href="http://www.trademarksa.org/news/cannes-g20-summit-final-declaration-and-documents">&#8220;G20 Coherent Conclusions for the Management of Capital Flows Drawing on Country Experiences&#8221;</a>. The document was &#8220;endorsed by the G20 finance ministers and central bank governors in October, then endorsed by the G20 leaders themselves in Cannes.</p>
<p>In stark contrast to the IMF guidelines, the G20&#8242;s conclusions say that &#8220;there is no &#8216;one-size fits all&#8217; approach or rigid definition of conditions for the use of capital flow management measures&#8221;, and that such measures should not be solely seen as a last resort. Instead, the G20 now calls on nations to develop their own country-specific approach to managing capital flows and, <a href="http://www.yesicannes.com/yesicannes/G20_president_sarkozy_final_adress.html">as Sarkozy said in his final Cannes speech</a>, &#8220;the use of capital controls, and this is very important, is now accepted as a measure of stabilisation.&#8221;</p>
<p>Throughout the crisis, the IMF has usually been keen to accept new direction from the G20, but there are signs that it may be resisting the new G20 consensus on capital flows. The IMF&#8217;s latest report addresses the fact that industrialised country policies trigger unstable capital flows to developing countries and that the rich nations need to design policies that are mindful of such negative &#8220;spillovers&#8221;. Yet, the IMF merely adds that such principles will be added to their existing guidelines – seemingly ignoring the fact that those guidelines have now been superseded by the G20&#8242;s decisions.</p>
<p>The IMF should not ignore the G20&#8242;s direction on capital flows. Rather than pushing ahead on a globally enforceable code of conduct that could eventually lead to capital account liberalisation across the globe, the IMF should instead work to reduce the stigma attached to capital controls, protect countries&#8217; ability to deploy them, and help nations police investors who evade regulation. G20 finance ministers, central bankers and heads of state have endorsed the use of capital controls by emerging markets, and on their own terms. The IMF should not pick and choose which directions by world leaders it will follow.</p>
<p><em><a href="http://www.guardian.co.uk/commentisfree/cifamerica/2011/nov/29/imf-must-heed-g20-decisions" target="_blank">This post was originally published in The Guardian</a>. </em></p>
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		<title>Review of &#8220;China Engages Latin America: Tracing the Trajectory&#8221; by Adrian H. Hearn and José Luis León-Manríquez</title>
		<link>http://triplecrisis.com/china-engages-latin-america/</link>
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		<pubDate>Tue, 22 Nov 2011 14:00:46 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[development]]></category>
		<category><![CDATA[foreign investment]]></category>

		<guid isPermaLink="false">http://triplecrisis.com/?p=4693</guid>
		<description><![CDATA[Kevin P. Gallagher During the early 1990s, many Latin American and U.S. analysts expressed concerns about an Asian giant that was buying Brazilian iron ore and investing in Mexican manufacturing, while at the same time showing signs of out-competing Latin American and U.S. firms in the region. That giant was Japan. Hysteria heightened and academic [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://triplecrisis.com/author/kevin-gallagher/" target="_self"><em>Kevin P. Gallagher</em></a></p>
<p>During the early 1990s, many Latin American and U.S. analysts  expressed concerns about an Asian giant that was buying Brazilian iron  ore and investing in Mexican manufacturing, while at the same time  showing signs of out-competing Latin American and U.S. firms in the  region. That giant was Japan.</p>
<p>Hysteria heightened and academic research accumulated. But today few  people worry about Japan’s role in the region—despite the fact that it  is a top-five trading partner and has a large diaspora that includes  Peru’s Alberto Fujimori, a former (now jailed) Latin American president.</p>
<p>Is history repeating itself? The new source of hand-wringing in the  region is China, which, like Japan years earlier, is portrayed by many  as stealing Latin American jobs, plundering the region’s resources and  creating diplomatic alliances that could erode the rule of law. At the  same time, some U.S. observers see China’s inroads as a threat in the  U.S.’s backyard.</p>
<p><span id="more-4693"></span></p>
<p>How do we make sense of China and Latin America? Are China’s  ever-expanding ties a significant threat to Latin American development  and/or U.S. strategic interests in the region? These are the questions  that a burgeoning group of scholars are beginning to ask. Among them are  the editors of <em>China Engages Latin America: Tracing the Trajectory</em>—Adrian H. Hearn of the University of Sydney and José Luis León-Manríquez of the <em>Universidad Autónoma Metropolitana</em> in Mexico City. This is a must-read for those seeking to better understand Chinese engagement in Latin America.</p>
<p>Not only is their book one of the broadest and most balanced in a  steady stream of volumes dedicated to the topic; it truly breaks new  ground. It does so by presenting the latest and most dispassionate  economic analyses of the China–Latin America relationship and  anthropological evidence on how this relationship is playing out in  communities.</p>
<div>
<p>Much of the recent scholarship has concluded that China’s growing  economic ties, while fairly beneficial to South American countries, have  been costly—politically and economically—to Mexico and Central America.  South America has natural resources that it sells to the Chinese, but  many Central American countries have suffered retaliation from China  because of their recognition of Taiwan. And Mexico’s fewer natural  resources not only offer little opportunity for exporting to China but  make it more difficult to compete globally with Chinese firms.  Meanwhile, U.S. observers are increasingly alarmed that South Americans  may be creating political alliances with the Chinese. Not all alliances  are of concern, but loans-for-oil deals with Venezuela and satellite  cooperation between Brazil and China have raised eyebrows in some  Washington circles.</p>
<p>While there is some truth to that overall view, this book goes deeper  and wider. Economic essays  do a nice job of separating some of the  benefits and costs of the China–Latin America relationship. For example,  as Javier Santiso of ESADE Business School and Rolando Avendano of the  OECD Development Centre point out, China offers a new source of trade  and finance for many countries, and, as the U.S. economy continues to  slump, this diversified portfolio is a good thing for many Latin  Americans.</p>
<p>However, there are costs as well. Chinese imports are putting  pressure on Latin American firms by out-competing them in both world and  home markets, and Chinese investment in natural resources can exact a  heavy environmental and social toll. The combined effect can push up the  value of a country’s currency and threaten long-term economic growth.</p>
<p>In Brazil, for example, China has triggered a debate over  de-industrialization and the future of economic growth. In the essay  “China’s Challenge to Latin American Development” Enrique Dussel Peters  of the <em>Universidad Nacional Autónoma de México</em> shows how Chinese  economic activity is accentuating inequalities and creating new sets of  winners and losers across the hemisphere. Dussel shows that despite the  increasing exports of primary commodities to China from the region  (winners), the region as a whole experiences a significant trade deficit  due to the import of light manufactured goods (losers).</p>
<p>But the relationship is too new for Latin America or the U.S. to be  alarmed. This point is made through contributions by Daniel P. Erikson  of the Bureau of Western Hemisphere Affairs at the U.S. Department of  State and the essay co-written by Javier Santiso and Rolando Avendano.  The Erikson chapter was written before he joined the State Department  and does not reflect government views.</p>
<p>Santiso and Avendano show how some Latin American firms, such as  Bematech in Brazil, Nemak in Mexico and Koramsa in Guatemala, are  forging alliances with China to climb value chains and become more  competitive. Erikson brings balance to the U.S. security side by  highlighting select opportunities for U.S. cooperation with China in the  Western Hemisphere, such as widening the Panama Canal, disaster relief  and environmental protection. Erikson concludes, “If China and the  United States both deal with Latin America in a manner that is open,  transparent and respectful of multilateral systems, then this may usher a  new breed of regional diplomacy with lessons for U.S.–China cooperation  in other parts of the world.”</p>
<p>This volume adds depth and nuance to the polarized debates over  development and security. But even more valuable is the contribution it  makes to a broader understanding of China in Latin America, drawing not  just on the work of economists and political scientists, but  anthropologists as well.</p>
<p>An example of this is the chapter by Hearn, Alan Smart and Roberto  Hernàndez Hernàndez, which is perhaps the most unique in this emerging  literature on China and Latin America. These authors trace the evolution  of Chinese communities in Mexico, beginning in 1864, when Chinese  laborers were contracted to build railroads between the U.S. and Mexico.  Those communities have now established diaspora networks with mainland  China and facilitate Chinese imports into Mexico.</p>
<p>The book also features one of the first treatments of the Cuba–China  relationship in a chapter written by Mao Xianglin, Carlos Alzugaray  Treto, Lis Weiguang, and Hearn, which documents the key role played by  China in technology transfer to Cuba in the form of medical exchanges,  language training, household manufactures, and technology to help access  natural resources.</p>
<p>Any anthology will be uneven, and thus some of the contributions in  the book will be longer lasting than others. Much of the work by the  economists is clear and rigorous. But since the China–Latin America  economic relationship is changing so rapidly, such analyses stand as  simply the latest snapshot. The chapters by anthropologists run the  deepest, and will find interested readers for a long time to come.</p>
<p>If this book has a unifying argument, it is that, while China  presents a “challenge” on a number of different levels, Chinese resource  extraction is not yet de-industrializing the region; nor is it  squandering Latin American resources or causing domestic ecological  crises and geopolitical problems beyond the region. But a careful reader  of this book would be keen to follow these issues and start a  conversation about how to mitigate such problems in a preventive manner.  “As China becomes a more active and assertive global player, it is  crucial that the international community develop ways to integrate  Chinese business practices into multilateral regimes for improving  governance and accountability,” the editors conclude.</p>
<p>That said, Chinese engagement raises serious questions for both the  region and the United States. Will Latin America respond by abandoning  the Washington Consensus and adopting a more state-led model of economic  development, as China has? Will the region learn to develop a foreign  policy that accommodates both China and the U.S. or will nations make a  choice? Will Latin Americans treat newcomers as they hope to be treated  when they enter foreign lands? All future books on the subject will need  to build on this one.</p>
<p><a href="http://americasquarterly.org/node/3042" target="_blank"><em>This review was originally published in Americas Quarterly.</em></a></p>
</div>
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		<title>Spotlight G20: The eurozone debt crisis and the G20</title>
		<link>http://triplecrisis.com/the-eurozone-debt-crisis-and-the-g20/</link>
		<comments>http://triplecrisis.com/the-eurozone-debt-crisis-and-the-g20/#comments</comments>
		<pubDate>Fri, 04 Nov 2011 13:01:43 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Spotlight G-20]]></category>
		<category><![CDATA[finance]]></category>
		<category><![CDATA[financial crisis]]></category>

		<guid isPermaLink="false">http://triplecrisis.com/?p=4556</guid>
		<description><![CDATA[Kevin P. Gallagher, part of our 2011 Spotlight G20 Series As Tuesday&#8217;s headlines from Greece prove, the latest eurozone rescue plan is far from a long-term solution. But it should prevent this week&#8217;s G20 meeting from being completely hijacked by Europe&#8216;s short-term woes. Instead of another round of fire-fighting, the G20 should address the larger [...]]]></description>
			<content:encoded><![CDATA[<p><em><a href="../author/kevin-gallagher/">Kevin P. Gallagher</a>, part of our 2011 <a href="../category/spotlight-g20/" target="_blank">Spotlight G20 Series</a></em></p>
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<p>As <a href="http://www.guardian.co.uk/business/blog/2011/nov/01/european-debt-crisis-greece-referendum" target="_blank">Tuesday&#8217;s headlines from Greece prove</a>, the latest eurozone rescue plan is far from a long-term solution. But it should prevent this week&#8217;s <a title="More from guardian.co.uk on G20" href="http://www.guardian.co.uk/world/g20" target="_blank">G20</a> meeting from being completely hijacked by <a title="More from guardian.co.uk on Europe" href="http://www.guardian.co.uk/world/europe-news" target="_blank">Europe</a>&#8216;s short-term woes.</p>
<p>Instead  of another round of fire-fighting, the G20 should address the larger  issue of a mechanism to prevent sovereign debt crises in the future from  spiraling like this one. If they don&#8217;t, <a title="More from guardian.co.uk on Greece" href="http://www.guardian.co.uk/world/greece" target="_blank">Greece</a> and defaulters of the future will suffer the fate of <a title="More from guardian.co.uk on Argentina" href="http://www.guardian.co.uk/world/argentina" target="_blank">Argentina</a> – a nation whose sovereign debt restructuring threatens to be taken over by trade and investment treaties.</p>
<p>As <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1153219" target="_blank">political economist Eric Helleiner has shown</a>,  with every crisis comes a new proposal for a sovereign debt workout  mechanism that meets a sticky end. Mexico proposed a mechanism in 1933;  the United States a mechanism in early drafts of the <a title="More from guardian.co.uk on IMF" href="http://www.guardian.co.uk/business/imf" target="_blank">IMF</a> articles of agreement in the 1940s; UNCTAD saw such a regime as core to  a &#8220;new international economic order&#8221; in the 1970s; and most recently,  the IMF issued a call for a <a href="http://www.imf.org/external/pubs/ft/exrp/sdrm/eng/index.htm" target="_blank">sovereign debt restructuring mechanism</a>, in 2001 in the wake of Argentina&#8217;s financial crisis.</p>
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<p>The  most recent attempts at a regime sought to provide a fair forum for  negotiation between bondholders and governments; a standstill clause  whereby bondholders can&#8217;t yank their money out of a debtor nation in a  herd; a facility to provide short-term financing and to prioritise a  debtor nations&#8217; debt schedule; and clauses that limit the ability of  disgruntled minority bondholders to file lawsuits against debtor  nations.</p>
<p>In today&#8217;s environment, one would need to ensure that a globally agreed upon mechanism overrode attempts by the <a href="http://www.ft.com/intl/cms/s/0/ab7bcd58-00b6-11e1-8590-00144feabdc0.html#axzz1cJ3P6xl5" target="_blank">International Swaps and Derivatives Association</a> to call a restructuring a &#8220;credit event&#8221;, in which case credit default  swaps would need to be paid out and could spread contagion. And one  would also need to ensure that such a regime overrode the numerous trade  and investment treaties that see a restructuring of sovereign debt as  tantamount to expropriation.</p>
<p>At present, we are left with bailouts  that are costly, unfair and do not work. Europe shelled out $1tn in May  of 2010, over $100bn in July of this year, and proposes yet another <a href="http://www.voxeu.org/index.php?q=node/7176" target="_blank">$109bn as of last week</a>.  These bailouts go from the pockets of taxpayers to the pockets of  private creditors and do little to stimulate a sluggish economy.</p>
<p>Problems  of this nature can only be solved by global cooperation. Debtor nations  will never propose such a structure because of fear that they will be  perceived as potential defaulters. Creditors will never propose such a  scheme because it will show what we already know – that they are willing  to negotiate.</p>
<p>If the world doesn&#8217;t act, we are left with an <a href="http://ase.tufts.edu/gdae/policy_research/sovereigndebtrestructuring.html" target="_blank">odd, de facto regime of trade and investment treaties</a>.  Just ask Argentina: little did we know that many of the over 2,000  trade and investment treaties that govern international investment flows  cover &#8220;any type of asset&#8221;. When Argentina restructured its debt in 2005  and 2010, in the wake of its financial crisis, close to 180,000  Argentine bondholders filed a claim under the Italy-Argentina Bilateral  Investment Treaty for approximately $4.3bn. The creditors claim that the  Argentina&#8217;s restructuring was an expropriation. This September, a  private <a href="http://www.ft.com/intl/cms/s/5d42cb7a-e539-11e0-852e-00144feabdc0,Authorised=false.html?_i_location=http%3A%2F%2Fwww.ft.com%2Fcms%2Fs%2F0%2F5d42cb7a-e539-11e0-852e-00144feabdc0.html&amp;_i_referer=#ixzz1Z2f" target="_blank">World Bank tribunal decided that Argentina&#8217;s bond restructuring</a> indeed does fall under the jurisdiction of these treaties, and the case will continue. <a href="http://www.unctad.org/Templates/Page.asp?intItemID=2344&amp;lang=1" target="_blank">Greece has 43 of these treaties</a>.</p>
<p>The G20 and the <a href="http://www.financialstabilityboard.org/" target="_blank">Financial Stability Board</a> could start a discussion with the goal of striking a single global  standard for balanced and timely restructuring that satisfies the needs  of creditors, while enabling debtor nations to recover and grow without  &#8220;expropriation&#8221; claims hanging over them. As the Occupy Wall Street  protests, street demonstrations in Greece and even the Tea Party  movement in the United States attest, citizens across the world are  increasingly fed up with bailing out the top few tenths of a per cent of  society&#8217;s income distribution for a crisis those taxpayers did not  create. It is time for the G20 to lead.</p>
<p><a href="http://www.guardian.co.uk/commentisfree/cifamerica/2011/nov/01/eurozone-debt-crisis-g20" target="_blank"><em>This piece was originally published by The Guardian. </em></a></p>
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		<title>Spotlight G20: Brics should condition Euro bailouts on growth and more say</title>
		<link>http://triplecrisis.com/brics-should-condition-euro-bailouts-on-growth-and-more-say/</link>
		<comments>http://triplecrisis.com/brics-should-condition-euro-bailouts-on-growth-and-more-say/#comments</comments>
		<pubDate>Thu, 03 Nov 2011 13:18:34 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Spotlight G-20]]></category>
		<category><![CDATA[financial crisis]]></category>
		<category><![CDATA[foreign investment]]></category>
		<category><![CDATA[IMF]]></category>

		<guid isPermaLink="false">http://triplecrisis.com/?p=4545</guid>
		<description><![CDATA[Kevin P. Gallagher, part of our 2011 Spotlight G20 Series As the Eurozone crumbles before them, European leaders are begging for help to bailout Greece and create a facility to insure that the crisis doesn&#8217;t sweep through Italy, Spain, Portugal and beyond.  For the last sixty years the United States would have been the nation [...]]]></description>
			<content:encoded><![CDATA[<p><em><a href="http://triplecrisis.com/author/kevin-gallagher/">Kevin P. Gallagher</a>, part of our 2011 <a href="http://triplecrisis.com/category/spotlight-g20/" target="_blank">Spotlight G20 Series</a></em></p>
<p>As the Eurozone crumbles before them, European leaders are begging for help to bailout Greece and create a facility to insure that the crisis doesn&#8217;t sweep through Italy, Spain, Portugal and beyond.  For the last sixty years the United States would have been the nation to step up and lead with ideas and resources to the rescue.  Sadly, the US is nowhere to be found: out of ideas and out of cash.  In desperation, Europe has turned to the BRICs.  Rather than direct bi-lateral payments, the Brics are starting to say that they prefer to <a href="http://www.thestar.com/business/article/1080462--focus-turns-to-china-on-eurozone-bailout">channel their resources through the IMF</a>. Brics shouldn&#8217;t let this crisis go to waste.</p>
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<p>China, Brazil, and India are right to prefer a rescue being channeled through the IMF rather than giving direct payments.  But given that they are in the position to write checks, they should condition such an increase in outlays on greater quotas and voting power at the IMF&#8211;something they have been pushing for quite a long time.  They should also pitch the condition that the Eurozone uses the funds to expand the Eurozone economies rather than to use taxpayer dollars in nations with a combined hundreds of millions of people living below two dollars per day to pay bankers in the upper few tenths of a percent of world income distribution.  Saving the Eurozone through growth will come back to emerging markets in terms of demand for their products.  Saving the Eurozone for another week through banker bailouts will be money wasted&#8211;just look at the July package and the package last week.</p>
<p>Emerging markets know well that conditions can be put on IMF loans.   In the case of Brazil and India, the IMF has given loans in the past with far more draconian conditions.  These nations learned their lessons, rid themselves from IMF programs, and created macroeconomic and industrial policies that prevented the crisis from severely affecting them.  They have the moral and economic upper hand now.  They should only lend on that basis:  condition bailouts through the IMF only if you get greater say and only if the Eurozone uses the funds for growth, not the rich.</p>
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		<title>Spotlight G20: Will G20 Control Hot Money?</title>
		<link>http://triplecrisis.com/will-g20-control-hot-money/</link>
		<comments>http://triplecrisis.com/will-g20-control-hot-money/#comments</comments>
		<pubDate>Mon, 31 Oct 2011 16:48:10 +0000</pubDate>
		<dc:creator>Kevin Gallagher</dc:creator>
				<category><![CDATA[Spotlight G-20]]></category>
		<category><![CDATA[Videos]]></category>
		<category><![CDATA[capital controls]]></category>
		<category><![CDATA[financial crisis]]></category>

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		<description><![CDATA[Bloggers Kevin P. Gallagher and Ilene Grabel were interviewed by The Real News Network on the G20 and capital controls, as part of our 2011 Spotlight G20 Series. Watch the full interview: Read other Triple Crisis posts on capital controls. Read more about GDAE&#8217;s work on capital controls.]]></description>
			<content:encoded><![CDATA[<p>Bloggers Kevin P. Gallagher and Ilene Grabel were interviewed by <a href="http://therealnews.com/t2/index.php?option=com_content&amp;task=view&amp;id=31&amp;Itemid=74&amp;jumival=7506" target="_blank">The Real News Network</a> on the G20 and capital controls, as part of our 2011 <a href="http://triplecrisis.com/category/spotlight-g20/">Spotlight G20 Series</a>. Watch the full interview:</p>
<p><iframe width="560" height="315" src="http://www.youtube.com/embed/xz4Jiq3e8iI" frameborder="0" allowfullscreen></iframe></p>
<p>Read other Triple Crisis posts on <a href="http://triplecrisis.com/tag/capital-controls/">capital controls</a>.<br />
Read more about GDAE&#8217;s work on <a href="http://www.ase.tufts.edu/gdae/policy_research/CapitalControls.html" target="_blank">capital controls</a>.</p>
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