Modern Pirates: How Arbitration Lawyers Help Corporations Seize National Assets and Limit State Autonomy

Large‐scale companies have worked for centuries with the governments of powerful nations to extract wealth from the rest of the world. Since the 1990s, one important method of continuing that legacy has been the use of secretive legal proceedings known as investor‐state dispute settlements (ISDS). Through this innocuous‐sounding practice, transnational corporations (TNCs) are able to blame foreign governments for their failure to extract as large a profit as they anticipated from their operations abroad. Asserting that changes in fiscal, environmental, or social policies have harmed them, TNCs have claimed that foreign governments should compensate them for the loss of potential revenues. ISDS tribunals have awarded billions of dollars as a result of such claims, mostly made under the auspices of bilateral investment treaties. Not only must governments spend millions of dollars defending themselves against assaults and tens or hundreds of millions if they lose their cases, but the ISDS system also has a chilling effect on the adoption of legislation designed to protect the health and safety of citizens. As a result of all the lawsuits in which corporations collect damages from governments under investment treaties, an array of groups in the legal industry have profited substantially: law firms representing corporate interests, arbitrators and other specialists in corporate arbitration, and litigation funders. The arbitration industry is, as a practical matter, the glue that holds the system together. The law firms involved in this industry do not wait passively for cases to arise. Instead, they actively pursue corporations to seek arbitration with governments, proselytize for the legitimacy of the current international investment regime, and block reforms that would limit arbitration opportunities. By creating methods of insulating TNCs from normal business risks and forcing host governments to bear the burden of liabilities, the arbitration system has effectively reinstituted a neo‐colonial regime through the judicial system.     

Business Cycles Around the Globe: Some Key Facts

We document massive heterogeneity in basic cyclical patterns within groups of developed and emerging market economies. While we detect marked differences between developed and emerging countries as well, the distributions of key business cycle statistics tend to overlap across different country groups.     

Gender and Promotions: Evidence from Academic Economists in France*

The promotion system for French academic economists provides an interesting environment to examine the promotion gap between men and women. Promotions occur through national competitions for which we have information both on candidates and on those eligible to be candidates. Thus, we can examine the two stages of the process: application and success. Women are less likely to seek promotion, and this accounts for up to 76 percent of the promotion gap. Being a woman also reduces the probability of promotion conditional on applying, although the gender difference is not statistically significant. Our results highlight the importance of the decision to apply.     

Well-being and the Great Recession in Spain

This letter assesses the impact of the Great Recession on well-being in Spanish provinces using two alternative composite indicators of objective well-being that include somewhat different dimensions. Whereas the crisis notably eroded economic well-being, its impact on overall well-being – which in addition to economic dimensions also includes non-economic ones – was imperceptible. This result points to the need to carefully define and assess well-being in empirical analyses.     

Interregional Migration and Thresholds: Evidence from Spain

We analyse the effects of labour market factors on interregional migration in Spain for the period 1988–2010. A basic theoretical framework is developed, suggesting that the effect of labour market variables on migration varies, depending on a certain threshold. The model implications are tested using a new approach based on the presence of endogenous thresholds. We show that Spanish interregional migration can be explained by labour market variables when the labour market conditions at the source region are unfavourable relative to those of the host region. We test the results for several migrant characteristics, such as citizenship, the age range, and return migration.

Migration inter-régionale et seuils - résultats de la recherche en Espagne     

Incidence,effects, dynamics and routes out of overqualification in Europe: a comprehensive analysis distinguishing by employment status

This study aims to improve our understanding of overqualification by incorporating distinctions in employment status (i.e. self-employed workers, private employees and public employees) in the analysis of the incidence, effects, dynamics and routes out of overqualification. To this end, we apply discrete choice – ordered and nonordered – and count models to the data obtained from the European Community Household Panel for the EU-15. Our results indicate that the incidence of overqualification varies by employment status, where self-employed workers report the lowest occurrence. Furthermore, this analysis suggests that overqualification is a permanent phenomenon and demonstrates that successful pathways out of overqualification differ by employment status. The implications of these results for education and labour market policies are also discussed.     

EMPLOYMENT STABILIZATION INSIDE FIRMS: AN EMPIRICAL INVESTIGATION OF WORKER COOPERATIVES

There is evidence that worker cooperatives provide a greater stabilization of employment compared to capital‐managed firms. While the reasons of this behaviour can be ascribed to their property and governance structure, less is known of the tools to put it into practice. I discuss two possible ways to guarantee employment insurance: by letting wages fluctuate, or by accumulating reinvested profits into an income stabilizing fund that copes with downturns without firing and without reducing wages. In this second case, I find out that asset locks play a wage smoothing role. This may explain the large share of profits that are reinvested in this indivisible and not appropriable fund. I provide evidence for this mechanism by means of original data at the firm level and of first‐hand collected survey data at the individual level on risk perception in a sample of Italian cooperatives.     

Before ‘Independence’ Arrived: Interdependence in Energy Relations between Lithuania and Russia

This paper analyses energy relations concerning natural gas between Lithuania and Russia. Contrary to the existing literature, which stresses Lithuanian energy dependence, this paper argues that there had been interdependence between the two countries even before Lithuania underwent diversification at the end of 2014. The paper develops an analytical framework that examines: (a) physical energy relations, (b) the dominance of the energy agenda in mutual relations, and (c) the influence of the European Union. The analysis shows that while Lithuania was dependent on Russian supplies of natural gas, Russia was also dependent on Lithuania as a transit country of gas to Kaliningrad, a Russian enclave. Although Russia has shown a much higher willingness to employ an energy weapon than Lithuania, its efforts to exercise pressure on Lithuania have been negatively affected by the Baltic state’s position as a transit country. The European Union has played a crucial role as its pre-accession requirements and internal energy market rules have significantly influenced the energy relationship between the two countries.     

Revealing Incentives for Compatibility Provision in Vertically Differentiated Network Industries

We determine the incentives for compatibility provision of firms that produce network goods with different intrinsic qualities when firms do not have veto power over compatibility. When network effects are strong, there are multiple equilibria in pricing and consumer decisions. We show that in some equilibria, it is the high‐quality firm that invests in compatibility, whereas in others, the low‐quality firm triggers compatibility. The socially optimal compatibility degree is zero, except under very strong network effects, where one of the equilibria has all consumers buying the low‐quality good. In this case, a partial degree of compatibility is optimal.