The non-ratification of bilateral investment treaties in Brazil: a story of conflict in a land of cooperation<sup>†</sup>

Campello, Daniela; Lemos, Leany Barreiro

doi:10.1080/09692290.2014.987154

Cited by 33 publications

(19 citation statements)

References 65 publications

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“…Angola having entered into 13 BITs with different foreign countries, has only 5 of them in force. The experience of Brazil reveals a much worse situation as out of the 22 BITs signed by Brazil only one has entered into force (Campello & Lemos, 2015). Guinea Bissau has 2 BITs to its credit with one enjoying Force.…”

Section: Legal Governance Of Chinese Investments In Lusophone Marketsmentioning

confidence: 99%

“…Moreover, the contracting states are obliged to guarantee the investors, the freedom to repatriate relevant investments and returns at the prevailing exchange rate on the date of transfer 2 . If a contracting state or it's agency makes any payment to an investor on the basis of a guarantee granted to an investment made in the territory of the other contracting state, the treaty interestingly obliges the other contracting state to recognize the right of subrogation of the former state (which made the payment) 3 .…”

Section: Assessment Of the Legal Regime Governing China-cape Verde Bimentioning

confidence: 99%

“…As a territory, which was under the Portuguese administration for a long period of history, its legal system has a strong influence of Portuguese legal tradition and characteristics. Due to this distinct advantage, China has officially designated Macau with the responsibility of promoting 3 In this context, it is important to note that many of the restrictions recognized under the Protocol are to be gradually phased out by China. 4 Macau has also been an independent member of the World Trade Organization (WTO) distinct from the membership of China.…”

Section: Macau Sar As a Facilitator Of Economic Relations Between Chimentioning

confidence: 99%

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The Scope and Limitations of Legal Protection of Chinese Foreign Investments in Lusophone Markets and the Role of Macau Society

Ramaswamy¹

2019

Europ. j. multidiscip. stud.

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The paper examines the significance of legal protection of Chinese Foreign Investments in Lusophone markets with a specific reference to Bilateral Investment Treaties (BITs) with Cape Verde and Portugal and assesses how Macau SAR as a Lusophone society could play a positive role in facilitation of foreign investments. With the keen Chinese interest on Lusophone markets and its official designation of Macau as a facilitator, most studies have been focused on broader economic relations with them as a group and the present paper investigates the scope of legal protection in certain specific bilateral investment relations. The paper comparatively examines the scope of legal protection of Chinese investments in two sets of Lusophone markets namely those which have no BITs with China and those which have succesfully concluded the BITs (particularly Cape Verde and Portugal). Based on the analysis, key limitations and some potential barriers to bilateral investment flows are highlighted. The final part of the paper scrutinizes how Macau SAR could contribute to enhance investment flows between China and Lusophone markets, especially in the light of its legal system with a Portuguese influence. The paper concludes with a discussion on the need and viability of a regional investment protection and facilitation agreement under the auspices of the Forum Macau to address the identified challenges and promote the utitlity of related legal and other allied services Macau society could offer. 1

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Section: Legal Governance Of Chinese Investments In Lusophone Marketsmentioning

confidence: 99%

Section: Assessment Of the Legal Regime Governing China-cape Verde Bimentioning

confidence: 99%

Section: Macau Sar As a Facilitator Of Economic Relations Between Chimentioning

confidence: 99%

See 1 more Smart Citation

The Scope and Limitations of Legal Protection of Chinese Foreign Investments in Lusophone Markets and the Role of Macau Society

Ramaswamy¹

2019

Europ. j. multidiscip. stud.

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“…While it concluded 14 BITs in the 1990s, none were ratified due to domestic political concerns that the treaties would limit the ability of the state to control foreign capital flows. 453 Amendments proposed by leftist parties would have expanded state control over both access to arbitration and capital flows, but even these amendments failed to secure needed political support. 454 Brazil's failure to ratify any BITs flowed from a view that "national regulation was about disciplining foreign investment, and BITs were about restricting the state's scope to effectively regulate capitals sic."…”

Section: Economic Development As Tension Point: the Role Of The Statementioning

confidence: 99%

“…Its Gross Domestic Product ("GDP") expanded from $1. 453 The aggregate GDP of the BRIC countries has close to quadrupled since 2001 . .…”

Section: Power Shifts and The Emergence Of A Multi-hub Systemmentioning

confidence: 99%

Power Shifts in International Law: Structural Realignment and Substantive Pluralism

Burke-White

2014

SSRN Journal

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The U.S.–Brazil relationship opportunity: Business synergies for a dynamic global environment

Fouad

Gouvea

2018

Thunderbird Intl Bus Rev

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The U.S.–Brazil relationship features an intersection of public and private sectors characteristic of the post‐2000 dynamics of international business and governmental relations. As a triple helix reference for the private sector, the public sector, and academia, this article explores how further alignment of public and private interests of the United States and Brazil can improve the bilateral relationship between the two largest countries in the Western hemisphere. The first section recaps the U.S.–Brazil public relationship and cultural perspectives shared between Brazil and the United States. The second section reviews the relevance of the U.S.–Brazil relationship in Brazil's economy and business marketplace. Sections 3 through 5 discuss specific trade, investment, and tax agreements that can be mutually beneficial for the United States and Brazil. The final section recommends further areas for public–private cooperation between the United States and Brazil.

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The non-ratification of bilateral investment treaties in Brazil: a story of conflict in a land of cooperation^†

Cited by 33 publications

References 65 publications

The Scope and Limitations of Legal Protection of Chinese Foreign Investments in Lusophone Markets and the Role of Macau Society

The Scope and Limitations of Legal Protection of Chinese Foreign Investments in Lusophone Markets and the Role of Macau Society

Power Shifts in International Law: Structural Realignment and Substantive Pluralism

The U.S.–Brazil relationship opportunity: Business synergies for a dynamic global environment

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The non-ratification of bilateral investment treaties in Brazil: a story of conflict in a land of cooperation†

Cited by 33 publications

References 65 publications

The Scope and Limitations of Legal Protection of Chinese Foreign Investments in Lusophone Markets and the Role of Macau Society

The Scope and Limitations of Legal Protection of Chinese Foreign Investments in Lusophone Markets and the Role of Macau Society

Power Shifts in International Law: Structural Realignment and Substantive Pluralism

The U.S.–Brazil relationship opportunity: Business synergies for a dynamic global environment

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Product

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The non-ratification of bilateral investment treaties in Brazil: a story of conflict in a land of cooperation^†