The resource curse-the paradoxical relationship between natural resource abundances and poorer ec... more The resource curse-the paradoxical relationship between natural resource abundances and poorer economic growth, weaker political institutions, and higher levels of conflict-remains one of the most confounding issues in international development. Although the literature has proffered a plethora of institutional solutions to the resource curse, they have been vexed by a common theme: their unsuccessful implementation in developing countries without the proper institutional foundations that act as a bulwark against policy reversal and the perpetuation of rent-seeking behavior. This Article introduces constitutionally protected natural resource revenue allocation institutions as a superior mechanism for a state to allocate rents from natural resources. Constitutions act as credible commitments both by formally entrenching rules and institutions against legal change as well as by serving as coordination mechanisms that significantly deter policy reversal due to the significant costs associated with ignoring or undermining constitutional provisions. As a result, constitutional revenue allocations can help counter the resource curse because they are more likely to endure and they can assist in managing and distributing natural resource revenue in an efficient and equitable Vinson & Elkins LLP; J.D.
Following a period of openness to foreign direct investment and the integration of arbitration ag... more Following a period of openness to foreign direct investment and the integration of arbitration agreements into relationships with foreign investors through international treaties and investment contracts, the last decade has witnessed the resurgence of resistance by Latin American nations to the investor-state arbitration system. What has fomented this recent resistance? While the literature has proffered a set of that primarily focus on country-level ideological positions and structural economic issues, these theories are largely disjointed and empirically limited in their explanatory power. This Note introduces principles from leading sector analysis to develop a singular theoretical framework that explains the empirical puzzle of Latin American resistance to investor-state arbitration. Specifically, this Note asserts that the market structure of the sector that is the target of investment plays a critical role in its capacity for collective action and causally affects the extent to which the sector can influence the host state in its stance vis-à-vis the investor-state arbitration system. Using a comparative historical analysis of Argentina and Venezuela, this Note finds strong qualitative evidence to support a sectoral approach to understanding Latin America's tumultuous relationship with the investor-state arbitration system while controlling for existing explanations. Ultimately, this Note provides important theoretical and empirical contributions to one of the most salient issues facing the investor-state arbitration system.
Duke Journal of Comparative and International Law, 2016
Minority rights constitute some of the most normatively and economically important human rights. ... more Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governments' variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and institutionalize ethnic hegemony in the pre-independence period, an institutional legacy is created that leads to lower levels of minority rights protections. Conversely, a uniform treatment and depoliticization of ethnicity prior to independence ultimately minimizes ethnic cleavages postindependence and consequently causes higher levels of minority rights protections. Through a highly structured comparative historical analysis of Botswana and Ghana, this Article builds on a new and exciting research agenda that focuses on the role of long-term historio-structural and institutional influences on human rights performance and makes important empirical contributions by eschewing traditional methodologies that focus on single case studies that are largely descriptive in their analyses. Ultimately, this Article highlights both the strength of a historical approach to understanding current variations in minority rights protections and the varied institutional responses within a specific colonial government.
A Revista Brasileira de Políticas Públicas tem como finalidade constituir instrumento de veiculaç... more A Revista Brasileira de Políticas Públicas tem como finalidade constituir instrumento de veiculação de trabalhos científicos e doutrinários relacionados a aspectos ligados a interação entre Políticas Públicas e Direito. Direciona, portanto, seu objeto de interesse a questões referentes a governabilidade, integração, participação cidadã, desenvolvimento e outros temas envolvendo o Estado, a Sociedade e o Direito. Sendo assim, a proposta de linha editorial a ser seguida pela Revista Brasileira de Políticas Públicas é apresentada a partir de três áreas fundamentais, que se subdividem:
The resource curse-the paradoxical relationship between natural resource abundances and poorer ec... more The resource curse-the paradoxical relationship between natural resource abundances and poorer economic growth, weaker political institutions, and higher levels of conflict-remains one of the most confounding issues in international development. Although the literature has proffered a plethora of institutional solutions to the resource curse, they have been vexed by a common theme: their unsuccessful implementation in developing countries without the proper institutional foundations that act as a bulwark against policy reversal and the perpetuation of rent-seeking behavior. This Article introduces constitutionally protected natural resource revenue allocation institutions as a superior mechanism for a state to allocate rents from natural resources. Constitutions act as credible commitments both by formally entrenching rules and institutions against legal change as well as by serving as coordination mechanisms that significantly deter policy reversal due to the significant costs associated with ignoring or undermining constitutional provisions. As a result, constitutional revenue allocations can help counter the resource curse because they are more likely to endure and they can assist in managing and distributing natural resource revenue in an efficient and equitable Vinson & Elkins LLP; J.D.
Following a period of openness to foreign direct investment and the integration of arbitration ag... more Following a period of openness to foreign direct investment and the integration of arbitration agreements into relationships with foreign investors through international treaties and investment contracts, the last decade has witnessed the resurgence of resistance by Latin American nations to the investor-state arbitration system. What has fomented this recent resistance? While the literature has proffered a set of that primarily focus on country-level ideological positions and structural economic issues, these theories are largely disjointed and empirically limited in their explanatory power. This Note introduces principles from leading sector analysis to develop a singular theoretical framework that explains the empirical puzzle of Latin American resistance to investor-state arbitration. Specifically, this Note asserts that the market structure of the sector that is the target of investment plays a critical role in its capacity for collective action and causally affects the extent to which the sector can influence the host state in its stance vis-à-vis the investor-state arbitration system. Using a comparative historical analysis of Argentina and Venezuela, this Note finds strong qualitative evidence to support a sectoral approach to understanding Latin America's tumultuous relationship with the investor-state arbitration system while controlling for existing explanations. Ultimately, this Note provides important theoretical and empirical contributions to one of the most salient issues facing the investor-state arbitration system.
Duke Journal of Comparative and International Law, 2016
Minority rights constitute some of the most normatively and economically important human rights. ... more Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governments' variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and institutionalize ethnic hegemony in the pre-independence period, an institutional legacy is created that leads to lower levels of minority rights protections. Conversely, a uniform treatment and depoliticization of ethnicity prior to independence ultimately minimizes ethnic cleavages postindependence and consequently causes higher levels of minority rights protections. Through a highly structured comparative historical analysis of Botswana and Ghana, this Article builds on a new and exciting research agenda that focuses on the role of long-term historio-structural and institutional influences on human rights performance and makes important empirical contributions by eschewing traditional methodologies that focus on single case studies that are largely descriptive in their analyses. Ultimately, this Article highlights both the strength of a historical approach to understanding current variations in minority rights protections and the varied institutional responses within a specific colonial government.
A Revista Brasileira de Políticas Públicas tem como finalidade constituir instrumento de veiculaç... more A Revista Brasileira de Políticas Públicas tem como finalidade constituir instrumento de veiculação de trabalhos científicos e doutrinários relacionados a aspectos ligados a interação entre Políticas Públicas e Direito. Direciona, portanto, seu objeto de interesse a questões referentes a governabilidade, integração, participação cidadã, desenvolvimento e outros temas envolvendo o Estado, a Sociedade e o Direito. Sendo assim, a proposta de linha editorial a ser seguida pela Revista Brasileira de Políticas Públicas é apresentada a partir de três áreas fundamentais, que se subdividem:
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