Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit ... and They Could Bite

Touted as an important commitment device that attracts foreign investors, the number of bilateral investment treaties (BITs) ratified by developing countries has grown dramatically. The author tests empirically whether BITs have actually had an imp...

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Main Author: Hallward-Driemeier, Mary
Format: Policy Research Working Paper
Language:English
en_US
Published: World Bank, Washington, DC 2014
Subjects:
Online Access:http://documents.worldbank.org/curated/en/2003/08/2507711/bilateral-investment-treaties-attract-foreign-direct-investment-only-bit-bite
http://hdl.handle.net/10986/18118
id okr-10986-18118
recordtype oai_dc
spelling okr-10986-181182021-04-23T14:03:41Z Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit ... and They Could Bite Hallward-Driemeier, Mary BILATERAL TRADE AGREEMENTS FOREIGN DIRECT INVESTMENTS TREATY LAW INSTITUTIONAL ARRANGEMENTS INVESTMENT ENVIRONMENT PROPERTY RIGHTS TREATY RATIFYING DOMESTIC INVESTMENT INVESTMENT POLICY INVESTMENT PROMOTION INVESTMENT REGULATION AGREEMENTS ACTIONS ADVERSE SELECTION AUTHORITY BANKRUPTCY BILATERAL ARRANGEMENTS BILATERAL INVESTMENT BILATERAL INVESTMENT TREATIES BILATERAL INVESTMENT TREATY CORRUPTION DEMOCRACY DEVELOPED COUNTRIES DISPUTE RESOLUTION DOMESTIC INSTITUTIONS DOMESTIC INVESTORS ECONOMIC CHANGE EXPROPRIATION FDI FINANCIAL POSITION FOREIGN DIRECT INVESTMENT FOREIGN INVESTMENT FOREIGN INVESTOR FOREIGN INVESTORS FREE TRADE FREE TRADE AREA HOST COUNTRIES HOST COUNTRY IMMUNITY INFLATION INSTITUTIONAL CAPACITY INSURANCE INTERNATIONAL INVESTMENT INVESTMENT AGREEMENTS INVESTMENT CLIMATE INVESTMENT DISPUTES INVESTMENT FLOWS INVESTOR PROTECTIONS LAW JOURNALS LAWYERS LEGAL RECOURSE LITIGATION LOWERING TRADE MACROECONOMIC STABILITY POLICY MAKERS POTENTIAL INVESTORS PRECEDENTS PROFITABILITY PROPERTY RIGHTS PROTECTIONS PUBLIC AUTHORITIES PUBLIC DEBATE PUBLIC INTEREST REGIONAL INTEGRATION RULE OF LAW SOVEREIGN IMMUNITY STATEMENTS SUSTAINABLE DEVELOPMENT TAX INCENTIVES TAXATION TRADE AGREEMENT TRADE AGREEMENTS TRADE BARRIERS TRADE LAW TRADE POLICY ACTIONS AGREEMENTS Touted as an important commitment device that attracts foreign investors, the number of bilateral investment treaties (BITs) ratified by developing countries has grown dramatically. The author tests empirically whether BITs have actually had an important role in increasing the foreign direct investment (FDI) flows to signatory countries. While half of OECD FDI into developing countries by 2000 was covered by a BIT, this increase is accounted for by additional country pairs entering into agreements rather than signatory hosts gaining significant additional FDI. The results also indicate that such treaties act more as complements than as substitutes for good institutional quality and local property rights, the rationale often cited by developing countries for ratifying BITs. The relevance of these findings is heightened not only by the proliferation of such treaties, but by recent high profile legal cases. These cases show that the rights given to foreign investors may not only exceed those enjoyed by domestic investors, but expose policymakers to potentially large-scale liabilities and curtail the feasibility of different reform options. Formalizing relationships and protecting against dynamic inconsistency problems are still important, but the results should caution policymakers to look closely at the terms of agreements. 2014-04-30T19:28:03Z 2014-04-30T19:28:03Z 2003-08 http://documents.worldbank.org/curated/en/2003/08/2507711/bilateral-investment-treaties-attract-foreign-direct-investment-only-bit-bite http://hdl.handle.net/10986/18118 English en_US Policy Research Working Paper;No. 3121 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank, Washington, DC Publications & Research :: Policy Research Working Paper Publications & Research
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
en_US
topic BILATERAL TRADE AGREEMENTS
FOREIGN DIRECT INVESTMENTS
TREATY LAW
INSTITUTIONAL ARRANGEMENTS
INVESTMENT ENVIRONMENT
PROPERTY RIGHTS
TREATY RATIFYING
DOMESTIC INVESTMENT
INVESTMENT POLICY
INVESTMENT PROMOTION
INVESTMENT REGULATION
AGREEMENTS ACTIONS
ADVERSE SELECTION
AUTHORITY
BANKRUPTCY
BILATERAL ARRANGEMENTS
BILATERAL INVESTMENT
BILATERAL INVESTMENT TREATIES
BILATERAL INVESTMENT TREATY
CORRUPTION
DEMOCRACY
DEVELOPED COUNTRIES
DISPUTE RESOLUTION
DOMESTIC INSTITUTIONS
DOMESTIC INVESTORS
ECONOMIC CHANGE
EXPROPRIATION
FDI
FINANCIAL POSITION
FOREIGN DIRECT INVESTMENT
FOREIGN INVESTMENT
FOREIGN INVESTOR
FOREIGN INVESTORS
FREE TRADE
FREE TRADE AREA
HOST COUNTRIES
HOST COUNTRY
IMMUNITY
INFLATION
INSTITUTIONAL CAPACITY
INSURANCE
INTERNATIONAL INVESTMENT
INVESTMENT AGREEMENTS
INVESTMENT CLIMATE
INVESTMENT DISPUTES
INVESTMENT FLOWS
INVESTOR PROTECTIONS
LAW JOURNALS
LAWYERS
LEGAL RECOURSE
LITIGATION
LOWERING TRADE
MACROECONOMIC STABILITY
POLICY MAKERS
POTENTIAL INVESTORS
PRECEDENTS
PROFITABILITY
PROPERTY RIGHTS
PROTECTIONS
PUBLIC AUTHORITIES
PUBLIC DEBATE
PUBLIC INTEREST
REGIONAL INTEGRATION
RULE OF LAW
SOVEREIGN IMMUNITY
STATEMENTS
SUSTAINABLE DEVELOPMENT
TAX INCENTIVES
TAXATION
TRADE AGREEMENT
TRADE AGREEMENTS
TRADE BARRIERS
TRADE LAW
TRADE POLICY
ACTIONS
AGREEMENTS
spellingShingle BILATERAL TRADE AGREEMENTS
FOREIGN DIRECT INVESTMENTS
TREATY LAW
INSTITUTIONAL ARRANGEMENTS
INVESTMENT ENVIRONMENT
PROPERTY RIGHTS
TREATY RATIFYING
DOMESTIC INVESTMENT
INVESTMENT POLICY
INVESTMENT PROMOTION
INVESTMENT REGULATION
AGREEMENTS ACTIONS
ADVERSE SELECTION
AUTHORITY
BANKRUPTCY
BILATERAL ARRANGEMENTS
BILATERAL INVESTMENT
BILATERAL INVESTMENT TREATIES
BILATERAL INVESTMENT TREATY
CORRUPTION
DEMOCRACY
DEVELOPED COUNTRIES
DISPUTE RESOLUTION
DOMESTIC INSTITUTIONS
DOMESTIC INVESTORS
ECONOMIC CHANGE
EXPROPRIATION
FDI
FINANCIAL POSITION
FOREIGN DIRECT INVESTMENT
FOREIGN INVESTMENT
FOREIGN INVESTOR
FOREIGN INVESTORS
FREE TRADE
FREE TRADE AREA
HOST COUNTRIES
HOST COUNTRY
IMMUNITY
INFLATION
INSTITUTIONAL CAPACITY
INSURANCE
INTERNATIONAL INVESTMENT
INVESTMENT AGREEMENTS
INVESTMENT CLIMATE
INVESTMENT DISPUTES
INVESTMENT FLOWS
INVESTOR PROTECTIONS
LAW JOURNALS
LAWYERS
LEGAL RECOURSE
LITIGATION
LOWERING TRADE
MACROECONOMIC STABILITY
POLICY MAKERS
POTENTIAL INVESTORS
PRECEDENTS
PROFITABILITY
PROPERTY RIGHTS
PROTECTIONS
PUBLIC AUTHORITIES
PUBLIC DEBATE
PUBLIC INTEREST
REGIONAL INTEGRATION
RULE OF LAW
SOVEREIGN IMMUNITY
STATEMENTS
SUSTAINABLE DEVELOPMENT
TAX INCENTIVES
TAXATION
TRADE AGREEMENT
TRADE AGREEMENTS
TRADE BARRIERS
TRADE LAW
TRADE POLICY
ACTIONS
AGREEMENTS
Hallward-Driemeier, Mary
Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit ... and They Could Bite
relation Policy Research Working Paper;No. 3121
description Touted as an important commitment device that attracts foreign investors, the number of bilateral investment treaties (BITs) ratified by developing countries has grown dramatically. The author tests empirically whether BITs have actually had an important role in increasing the foreign direct investment (FDI) flows to signatory countries. While half of OECD FDI into developing countries by 2000 was covered by a BIT, this increase is accounted for by additional country pairs entering into agreements rather than signatory hosts gaining significant additional FDI. The results also indicate that such treaties act more as complements than as substitutes for good institutional quality and local property rights, the rationale often cited by developing countries for ratifying BITs. The relevance of these findings is heightened not only by the proliferation of such treaties, but by recent high profile legal cases. These cases show that the rights given to foreign investors may not only exceed those enjoyed by domestic investors, but expose policymakers to potentially large-scale liabilities and curtail the feasibility of different reform options. Formalizing relationships and protecting against dynamic inconsistency problems are still important, but the results should caution policymakers to look closely at the terms of agreements.
format Publications & Research :: Policy Research Working Paper
author Hallward-Driemeier, Mary
author_facet Hallward-Driemeier, Mary
author_sort Hallward-Driemeier, Mary
title Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit ... and They Could Bite
title_short Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit ... and They Could Bite
title_full Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit ... and They Could Bite
title_fullStr Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit ... and They Could Bite
title_full_unstemmed Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit ... and They Could Bite
title_sort do bilateral investment treaties attract foreign direct investment? only a bit ... and they could bite
publisher World Bank, Washington, DC
publishDate 2014
url http://documents.worldbank.org/curated/en/2003/08/2507711/bilateral-investment-treaties-attract-foreign-direct-investment-only-bit-bite
http://hdl.handle.net/10986/18118
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