Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Multinational enterprises and the global economy

Whose Reality Counts?: Putting the first last

The division of labor among nations is that some specialize in winning and others in losing. Our part of the world, known today as Latin America, was precocious: it has specialized in losing ever since those remote times when Renaissance Europeans ventured across the ocean and buried their teeth in the throats of the Indian civilizations. Centuries passed, and Latin America perfected its role. We are no longer in the era of marvels when fact surpassed fable and imagination was shamed by the trophies of conquest-the lodes of gold, the mountains of silver. But our region still works as a menial. It continues to exist at the service of others' needs, as a source and reserve of oil and iron, of copper and meat, of fruit and coffee, the raw materials and foods destined for rich countries which profit more from consuming them than Latin America does from producing them. The taxes collected by the buyers. are much higher than the prices received by the sellers; and after all, as Alliance for Progress coordinator Covey T. Olive/;\" said in July 1968, to speak of fair prices is a \"medieval\" concept, for we are in the era of free trade.

Open Veins of Latin America: Five Centuries of the Pillage of a Continent

Capitalism and Freedom. By Milton Friedman with the assistance of Rose D. Friedman. Chicago, The University of Chicago Press, 1962. Pp. vi + 202. $3.95.

This thesis is focused on examining the lack of balance of interests between transnational corporations (TNCs) and host developing states. It also examines the aspirational differences between the parties vis-a-vis the investment practice(s) over the past few decades and reviews the perception of foreign direct investments (FDIs). The contribution of TNCs has been a heated topic of debates in international circles and policy-makers were unable to find solutions, not for the lack of attempts such as the UN draft codes of conduct on TNCs, the Havana Charter, MAIs and others, but due to gaps in aspirations between the parties, the negotiations were unsuccessful. There were also some successful attempts from the developing states, namely the UN Declaration on Permanent Sovereignty over Natural Resources and the UN Charter on Economic Rights and Duties of States. This revealed the limits of law in regulating the conduct of TNCs in host developing states during the course of foreign investments. Emphasis is given to the capacity building and the system of protection of investments, namely by means of bi-lateral investment treaties (BITs), as well as protecting the interests of both of the parties. International efforts to regulate foreign investments are gaining momentum. Research showed that changes are underway and the re-negotiations clause might be a way forward. It also makes an attempt in understanding the international investment law and increasing frustration with the existing mechanism for settlement of investment disputes, which arises from violations of BITs. It revealed that the role of law is of fundamental importance to offer protection to the investments and to ensure that both parties benefit from such investments, by balancing their interests.

Balancing the Interests Between TNCs and Host Developing States - The Role of Law

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Balancing the Interests Between TNCs and Host Developing States - The Role of Law