Research Publication Database

Lima-de-Oliveira, R., 2016. “Government and Politics” in “Brazil” (Latin America in Focus Series), Antonio Luciano de Andrade Tosta and Eduardo F. Coutinho (eds.). Santa Barbara (CA): ABC-CLIO, 2016.The energy industry is changing fast and in multiple directions with important consequences for energy-rich countries. Malaysia is also experiencing unprecedented political changes with the election of the Pakatan Harapan (PH) coalition in May 9 of 2018, the first alternation of power since the country independence.Renato Lima de OliveiraPolitical Science
Ariyathugun, Triwit, 2020. "Interest on Excess Reserves Policy and Asset Prices", mimeo.Since 2008, the Federal Reserve System began paying interest on reserves balances held by financial institutions. My work examines the effects of this monetary policy on asset prices and macroeconomic outcomes. To do so, I develop a dynamic heterogeneous-agent asset pricing model in which banks take leverage by borrowing from households. Banks have a choice of depositing reserves with the government.Triwit AriyathugunEconomics, Finance
Akepanidtaworn, Klakow, Gabriela Antonie and Triwit Ariyathugun, 2020. "The Impact of News on Portfolio Selection for Inattentive Investors", mimeo.We study how the costly portfolio adjustments affect the consumption-investment decision of household investors. Investors have the Epstein and Zin (1989) utility over consumption, which allows for understanding how the elasticity of intertemporal substitution (EIS) and the degree of relative risk aversion separately determine the decision and the inattention span.Triwit AriyathugunFinance
Ahen, JaeBin, Zidong An, John Bluedorn, Gabriele Ciminelli, Zsoka Koczan, Davide Malacrino, Daniela Muhaj and Patricia Neidlinger, 2019. "Work in Progress: Improving Youth Labor Market Outcomes in Emerging Market and Developing Economies", IMF Staff Discussion Note, International Monetary Fund, No. 19/02.Economic development and growth depend on a country’s young people. With most of their working life ahead of them they make up about a third of the working-age population in the typical emerging market and developing economy. But the youth in these economies face a daunting labor market—about 20 percent of them are neither employed, in school, nor in training (the youth inactivity rate).Gabriele CiminelliEconomics
Ciminelli Gabriele, Davide Furceri, Jun Ge, Jonhatan Ostry and Chris Papegeorgiou, 2019. "The Political Cost of Reforms: Fear or Reality?", IMF Staff Discussion Note, International Monetary Fund, No. 19/08.Many countries are experiencing persistent, weak medium-term growth and limited fiscal space. Against this background, economic policy agendas—in both advanced and developing economies—are focusing increasingly on structural reforms. While there is broad agreement on the economic benefits of structural reforms, the political-economy of reform is less settled.Gabriele CiminelliEconomics
Ciminelli, Gabriele, Romain Duval, Davide Furceri, 2018. Employment Protection Deregulation and Labo Shares in Advanced Economies, IMF Working Paper, International Monetary Fund, No. 18/186Labor market deregulation, intended to boost productivity and employment, is one plausible, yet little studied, driver of the decline in labor shares that took place across most advanced economies since the early 1990s. This paper assesses the impact of job protection deregulation in a sample of 26 advanced economies over the period 1970-2015, using a newly constructed dataset of major reforms to employment protection legislation for regular contracts.Gabriele CiminelliEconomics
Ciminelli, Gabriele, 2020. "Policy Guidance and the International Transmission of Macro News: Evidence from Investment Funds", Mimeo.This paper contends that U.S. macroeconomic releases are an important `global’ factor driving cross-border flows and that their effect depends on the guidance provided by the U.S. Federal Reserve (Fed). I source data on allocations into investment funds and study the response of U.S. investors to domestic employment news, focusing on the post-crisis period.Gabriele CiminelliEconomics, Finance
Ciminelli, Gabriele, Ekkehard Ernst, Massimo Giuliodori and Rossana Merola, 2019. "The Composition Effects of Tax-based Consolidations on Income Inequality", European Journal of Political Economy, Elsevier, Vol. 57.Many advanced economies have recently embarked on fiscal austerity. As this has come at a time of high and rising income disparities, policy-makers have fretted about the inequality effects of fiscal consolidations.Gabriele CiminelliEconomics
Cimadomo, Jacopo, Gabriele Ciminelli, Oana Furtuna and Massimo Giuliodori, 2020. "Public and Private Risk Sharing in the Euro Area", European Economic Review, Elsevier.This paper investigates the contribution of private and public channels for consumption risk sharing in the euro area. In particular, it explores the role of financial integration versus official financial assistance for consumption smoothing. In addition, it presents a time-varying test which allows estimating how risk sharing has evolved since the start of the euro, including the recent great recession and European sovereign debt crisis.Gabriele CiminelliEconomics, Finance
Filardo, Andrew, Hans Genberg and Boris Hoffman, 2016. “Monetary analysis and the global financial cycle: An Asian central bank perspective”, Journal of Asian Economics 46 (2016) 1–16.Emerging Asia has seen a transformation of its monetary policy environment over the past two decades. By far, the most relevant change has been the maturing of its financial systems and the growing relevance of the global financial cycle: financial inclusion has spread, financial markets have deepened and financial globalisation has linked domestic markets closer to international markets.Hans GenbergEconomics, Finance
Genberg, Hans, 2018. “Global Shocks and Risk to Financial Stability in Asia.” In Naoyuki Yoshino, Peter J. Morgan, and Pradumna B. Rana (eds.), Global Shocks and the New Global and Regional Financial Architecture: Asian Perspectives. Asian Development Bank Institute and S. Rajaratnam School of International Studies, Nanyang Technological University, May 2018, pp. 114-42.Twenty years ago, much of Asia was engulfed in a severe financial crisis that is still present in the memory of those who experienced it first-hand. The Asian financial crisis of 1997–1998 was a painful reminder of the harm that currency and banking crises can inflict on the real economy.Hans GenbergEconomics, Finance
Genberg, Hans, 2019. "Financial Integration in Asia" In Ulrich Volz, Peter J. Morgan, and Naoyuki Yoshino (eds), Routledge Handbook of Banking and Finance in Asia. London and New York: Asian Development Bank Institute and Routledge, 2019, pp. 454-468.This chapter provides a review and appraisal of financial integration initiatives and outcomes in Asia. For the purposes of the chapter, the term “Asia” refers to economies in a geographical area stretching from Mongolia in the northwest to Pakistan in the southwest, Japan in the northeast, and New Zealand in the southeast.Hans GenbergEconomics, Finance
C Koch and E Remolona, 2018. “Common lenders in emerging Asia: their changing roles in three crises” BIS Quarterly Review (March).The "common lender channel" is a mechanism that facilitates the spread of financial shocks around the globe. Creditor banks withdraw from previously unaffected countries when highly exposed to the epicentre of a crisis. At the time of the Asian financial crisis in 1997, Japanese banks dominated lending to emerging Asia.Eli RemolonaEconomics, Finance
Hoerdahl, Peter, Eli Remolona and Giorgio Valente, 2018. “Expectations and risk premia at 8:30 AM: Deciphering the responses of bond yields to macroeconomic announcements.” Journal of Business and Economic Statistics.What explains the sharp movements of the yield curve upon the release of major U.S. macroeconomic announcements? To answer this question, we estimate an arbitrage-free dynamic term structure model with macroeconomic fundamentals as risk factors. We assume that the yield curve reacts to announcements primarily because of the information they contain about the fundamentals of output, inflation, and the Fed’s inflation target.Eli RemolonaEconomics, Finance
Cheung, Ying-Wong, Xingwang Qian and Eli Remolona, 2019. “The hoarding of international reserves: It’s a neighborly day in Asia.” Pacific Economic Review.To explain why Asian countries seem to have been hoarding international reserves, especially since the 1997 crisis, we consider various regional neighbourhood effects. One such effect is that of “catching up with the Joneses”. We revisit that effect by analysing several refinements of it.Eli RemolonaEconomics, Finance
Nungsari, M., 2019. Searching for Yourself: A Model of Pricing on a Two-Sided Matching Platform with Horizontally- Differentiated Agents. Working Paper.This paper studies how a monopolist firm operating a two-sided matching platform optimally sets its prices in the presence of agents who are horizontally-differentiated, a la Salop [1979]. Agents are searching for their ideal match (their own type) and face a pricing schedule set by the firm. In each period, agents randomly meet up and decide whether or not to marry.Melati NungsariEconomics
Flanders, S. and Nungsari, M., 2019. We Are What We Aid: A Textual Analysis on the Effect of Short-Term Volunteering on Attitudes Towards Refugees. Working Paper.Does brief exposure to a new and previously unencountered migrant community change the implicit biases towards said community? We conduct a pilot study with Malaysian citizens by exposing them to a few hours of volunteering with Rohingya refugees from Myanmar and study the effect of this treatment on their attitudes.Sam Flanders, Melati NungsariMigration
Flanders, S., and Nungsari M., 2018. In Collaboration with the United Nations Refugee Agency in Malaysia. A Comprehensive Study of Rohingya Construction Workers in Peninsular Malaysia and Recommendations for a Future Work Pilot Program.The is a comprehensive report based on qualitative and quantitative data from 288 Rohingya construction workers in Peninsular Malaysia, collected from May to August 2018. This report covers all aspects of refugee life and work in the construction industry – this includes data and ethnography on the demographics, language, family structure, and finances of these workers.Sam Flanders, Melati NungsariEconomics
Abd. Rahman, F., Abd. Rahim N.A., Nungsari M., Flanders, S., and Alshershaby, D., 2018. Modul Bertutur Bahasa Melayu: Aras Permulaan (A Basic Conversational Malay Language Curriculum for Non-Native Adult Speakers). National Library of Malaysia, ISBN: 978-967-16604-0-9.This textbook was prepared as a collaboration between UNHCR Malaysia, Asia School of Business, and Universiti Putra Malaysia. It was designed to teach adult refugees basic conversational Malay language.Melati NungsariEducation
Nungsari, M., Flanders, S., and Chuah, H.Y., forthcoming. "Issues Facing Refugees and Asylum-Seekers in Southeast Asia: Narrowing the Gaps Between Theory, Policy, and Reality." Refugee Review, Volume IV.Practitioners’ experiences and perspectives on social interventions with refugees are underexplored in Southeast Asia. This gap limits the ability to create impactful public policy in the region. In this report, we present findings from an interdisciplinary research workshop held in Kuala Lumpur in 2018.Sam Flanders, Melati NungsariForced Migration
Nungsari, M., Dedrick, M., and Patel, S. (2017). Team Teaching an Interdisciplinary First- Year Seminar on Magic, Religion, and the Origins of Science: A ‘Pieces-to-Picture’ Approach’. Journal of the Scholarship of Teaching and Learning, Vol. 17, No. 1, February 2017, 24-36.Interdisciplinary teaching has been advocated as a means to foster cooperation between traditionally separate fields and broaden students’ perspectives in the classroom. We explored the pedagogical difficulties of interdisciplinary team teaching through a first-year seminar in magic, religion, and the origins of science.Melati NungsariEducation
Ng, Sylvia C., Carolin Plewa and Jillian C. Sweeney, 2016. “Customer Engagement with a Service Offering: A Framework for Complex Services,” in Customer Engagement: Contemporary Issues and Challenges. Roderick J. Brodie, Linda Hollebeek and Jodie Conduit (eds), Taylor & Francis, UK: Routledge p. 193-210.Customer engagement (CE) represents a topic of rapidly increasing interest to academics and practitioners, largely due to its focus on the interactions between the consumer and the brand, which in the context of services represents a key ‘building block’ of service delivery.Sylvia NgMarketing
Ng, Sylvia C., Carolin Plewa and Jillian C. Sweeney, 2016. “Professional Service Providers’ Resource Integration Styles (PRO-RIS): Facilitating Customer Experiences,” Journal of Service Research, 19 (4), 380-395.This article investigates the professional service provider’s role in the customer resource integration process for value creation, by drawing on research in the areas of resource integration, service experience, and role theory. Roles are flexible, in that behaviors associated with a role may vary according to the situation, expectations, and learned behaviors of the actors involved. In the context of professional service providers who support a customer’s resource integration, these role variations accordingly can be termed resource integration styles.Sylvia NgMarketing
Ng, Sylvia C., Jillian C. Sweeney and Carolin Plewa, 2019. “Managing Customer Resource Endowments and Deficiencies for Value Cocreation: Complex Relational Services,” Journal of Service Research, 22 (2), 156-172.The resources that customers have and are able to contribute or utilize may influence, shape, and determine the support that they receive from service providers. Yet, there is limited knowledge on the types of resources customers bring into the service process, that is, customer resource endowments and deficiencies, and how these relate to the service offered by providers.Sylvia NgMarketing
Mazzelli, A., Kotlar, J., and De Massis, A. 2018. Blending in while standing out: Selective conformity and product innovation introduction in family firms. Entrepreneurship Theory and Practice, 42(2): 206-230.Research on the conformity-distinctiveness trade-off in family firms is divided. Examining the product innovations of Spanish manufacturing firms between 1998 and 2012, we hypothesize that family and nonfamily firms conform selectively and are driven by different motivations.Ambra MazzelliManagement
Mazzelli, A., De Massis, A., Messeni Petruzzelli, A., Del Giudice, M., and Khan, Z., 2019. Behind ambidextrous search: The microfoundations of search in family and non-family firms. Long Range Planning, in press.We offer a microfoundational perspective to challenge the consensual view of ambidextrous search as a superior approach to addressing performance problems. We characterize the nature of search as both ostensive and agentic, and suggest that search performance is idiosyncratic across individuals and highly dependent on decision makers' cognitive frameworks and social contexts.Ambra MazzelliManagement
Mazzelli, A., Nason, R. S., De Massis, A., and Kotlar, J., 2019. Causality rules: Performance feedback on hierarchically related goals and capital investment variability. Journal of Management StudiesSince 1985, when José Sarney became the first civilian president after more than 20 years of military rule, Brazil has been struggling to consolidate its vibrant and young democracy. It has now over 140 million voters who vote in contested elections that occur regularly each two years and are closely monitored by a free press.Ambra MazzelliManagement
Nason, R. S., Mazzelli, A., and Carney, M., 2019. The ties that unbind: Socialization and business-owning family reference point shift. Academy of Management Review, 44(4): 846–870.Since 1985, when José Sarney became the first civilian president after more than 20 years of military rule, Brazil has been struggling to consolidate its vibrant and young democracy. It has now over 140 million voters who vote in contested elections that occur regularly each two years and are closely monitored by a free press.Ambra MazzelliManagement
Mazzelli, A., Nason, R. S., and Carney, M., 2019. Breadth and depth in family business research: A response to Jaskiewicz, Combs, and Ketchen. Academy of Management Review, 44(4): 918–922.We appreciate Jaskiewicz, Combs, and Ketchen’s commentary on our recent AMR article “The ties that unbind: Socialization and business-owning family reference point shift” (Nason, Mazzelli, & Carney, 2019). We respond by clarifying our arguments and reflecting on the tension between breadth and depth in family business theorizing.Ambra MazzelliManagement
Hidalgo, F.D., and R. Lima-de-Oliveira, 2016. "Elite Contestation and Mass Participation in Brazilian Legislative Elections, 1945-2014” in New Order and Progress: Development and Democracy in Brazil, Ben Ross Schneider (ed), Oxford University Press, 2016.In this chapter, we examine the evolution of elite competition and mass participation in elections to the Chamber of Deputies. Drawing upon newly compiled historical data on elections between 1945 and 2010, we investigate historical changes to the de facto extent of suffrage and political inequality among elites over 17 legislative elections.Renato Lima de OliveiraPolitical Science
Hidalgo, F. Daniel, Júlio Canello, and Renato Lima-de-Oliveira, 2016. "Can politicians police themselves? Natural experimental evidence from Brazil’s audit courts." Comparative Political Studies. 49, no. 13 (2016): 1739-1773.To enhance government accountability, reformers have advocated strengthening institutions of “horizontal accountability,” particularly auditing institutions that can punish lawbreaking elected officials. Yet, these institutions differ in their willingness to punish corrupt politicians, which is often attributed to variation in their degree of independence from the political branches.Renato Lima de OliveiraPolitical Science
Lima-de-Oliveira, R., and Alonso, 2017. “Fueling development? Assessing the Impact of Oil and Soybean Wealth on Municipalities in Brazil” The Extractive Industries and Societies. 4 (2017) 576–585.The commodity boom of the 2000s, which now came to an end, represented a windfall to resource-rich countries. However, the benefits − or potential curse − likely had heterogeneous effects at the local level, with the potential to increase regional or income inequalities within countries. This paper examines the impact of the international commodity boom during the first decade of the 2000 s on different parts of Brazil.Renato Lima de OliveiraPolitical Science
Lima-de-Oliveira, R., 2018. “Powering the future: Malaysia’s energy policy challenges” Policy Ideas, n. 55, 11/2018. Kuala Lumpur: IDEAS.The energy industry is changing fast and in multiple directions with important consequences for energy-rich countries. Malaysia is also experiencing unprecedented political changes with the election of the Pakatan Harapan (PH) coalition in May 9 of 2018, the first alternation of power since the country independence.Renato Lima de OliveiraPublic Policy
Almeida, Mansueto, Renato Lima-de-Oliveira, and Ben Ross Schneider., 2019. "Left Government, Business Politics, and the Revival of Industrial Policy." In Routledge Handbook of Brazilian Politics, pp. 447-469. Routledge.This paper examines the resurgence of industrial policy in Brazil with special attention to three successive industrial policies adopted by PT governments (2003-16): Pitce, PDP, and Brasil Maior. The Brazilian National Development Bank (BNDES) was central to all industrial policies and pursued additional policies to promote national champions and help Brazilian firms expand abroadRenato Lima de OliveiraPolitical Science, Public Policy
Lima-de-Oliveira, R., 2019. “Resource-Led Industrial Development in the Oil and Gas Global Value Chain: The Case of Brazil” in Innovation in Brazil: Advancing Development in the 21st Century, Elisabeth B. Reynolds, Ben Ross Schneider, and Ezequiel Zylberberg (eds), Routledge.The conditions under which lead firms will invest in upgrading suppliers occupy center stage in the debates about how global value chains (GVCs) affect development and what room is left for governments to adopt industrial policies. In a key industry for developing economies, oil and gas (O&G), the maps of oil production and value chain have been redrawn by the growth of production from high-cost resources, which means that an increasing share of the value of oil production is to be found in the supply of capital goods and services rather than in the ownership of the land.Renato Lima de OliveiraPolitical Science, Public Policy
Lima-de-Oliveira, R., 2019. "Corruption and local content development: Assessing the impact of the Petrobras’ scandal on recent policy changes in Brazil." The Extractive Industries and Societies (2019).Since the 2000s, the Brazilian government relied heavily on local content (LC) as a policy instrument in the oil and gas sector to facilitate industrial development and job creation. Through quantitative targets set in oil exploration and production contracts and direct government procurement by the state-owned company Petrobras, Brazilian policymakers have sought to tie the growth of the oil industry to the strengthening of the local supply chain.Renato Lima de OliveiraPolitical Science, Public Policy
Do, Quoc-Anh, Yen Teik Lee, Bang Dang Nguyen, and Kieu-Trang Nguyen, 2012. “Out of Sight, Out of Mind: The Value of Political Connections in Social Networks,” WP.Focusing on former university classmates among corporate directors and U.S. congressmen, and the regression discontinuity design of close Congress elections from 2000 to 2008, we provide robust evidence of the causal impact of social-network based political connections on firm value. The value of political connections varies across politicians, states, and firms remarkably more than previously reported.Lee Yen TeikFinance
Do, Quoc-Anh, Yen Teik Lee, and Bang Dang Nguyen, 2017. “Directors as Connectors: The Impact of the External Networks of Directors on Firms,” WP.The external networks of directors significantly impact firm value and decisions. Surrounding close gubernatorial elections, local firms with directors connected to winners increase value by 4.1% over firms connected to losers. Director network’s value increases with network strength and activities, and is not due to network homophily.Lee Yen TeikFinance
Deng, Xin, Yen Teik Lee, and Zheng Qiao, 2018. “Dancing with Shackles On: Compensation Recovery and Corporate Investment,” WP.We examine how clawback provisions, as an ex-post penalty scheme, affect corporate investment strategies. On the one hand, we show one unintended consequence of clawback provisions that future output level of innovative activities declines. On the other hand, we find that clawback provisions improve the output quality of innovative activities.Lee Yen TeikFinance
Deng, Xin, Yen Teik Lee, and Zhengting Zhong, 2019. “Decrypting Coin Winners: Disclosure Quality, Governance Mechanism and Team Networks,” WP.Using a proprietary dataset of initial coin offerings (ICOs) and cryptocurrencies, we systematically examine whether disclosure quality, governance mechanisms, and team quality can differentiate legitimate ICO projects from fraudulent ones. The three fundamental factors positively affect ICO deal completion, ICO listing status, and the amount of raised capitals.Lee Yen TeikFinance
Caton, Gary L., Jeremy Goh, Yen Teik Lee, and Scott C. Linn, 2016. "Governance and post-repurchase performance," Journal of Corporate Finance, Vol. 39, pp. 155-173.Payout policies based on share repurchase programs provide greater flexibility than do those based on cash dividends. We develop and test an empirical model in which strongly governed companies outperform weakly governed companies after announcing share repurchase programs.Lee Yen TeikFinance
Ederington, Louis, Jeremy Goh, Yen Teik Lee, and Lisa (Zongfei) Yang, 2019. "Are Bond Ratings Informative? Evidence from Regulary Regime Changes," Journal toof Fixed Income, Vol 29(1), pp. 6-19.The Dodd–Frank Act (Section 939B) enacted in 2010 repealed the exemption of credit rating agencies (CRAs) from Regulation Fair Disclosure. Testing whether CRAs continue to provide new information to the market after the repeal, the authors find that the significant prerepeal stock price responses to rating changes disappear after the regime change.Lee Yen TeikFinance
Flanders, Sam, 2016. "Matching Markets with N-Dimensional Preferences." Working Paper.This paper analyzes matching markets where agent types are n-vectors of characteristics--i.e. points in R^n --and agents prefer matches that are closer to them according to a distance metric on this set (horizontal preferences).Sam FlandersEconomics
Flanders, Sam, 2017. "Catfish: Lying in Matching Markets with Cheap Talk." Working Paper.We study a search model of online dating with nontransferable utility where agents are vertically differentiated, self-report quality, and must go on costly dates to verify a match’s quality. We show that these per-date costs induce some agents to over-report their type, consistent with the stylized facts of online dating platforms where users frequently over-report characteristics like height and income, a phenomenon known as catfishing.Sam FlandersEconomics
Nungsari, Melati, and Sam Flanders, 2018. "Using Classroom Experiments to Teach Market Design and Matching Theory." Working Paper.Market design studies alternative mechanisms to allocate resources when standard markets fail. One application of market design is the study of two-sided matching markets such as the marriage and dating market. Market design and matching theory also relate to the study of platforms (i.e. profit-maximizing intermediaries who serve to connect two (or more) groups of people), such as Amazon, eBay, and Uber.Sam Flanders, Melati NungsariEconomics
Flanders, Sam, 2019. "The Cost of Tradition: Matching with Single-Peaked Preferences." Working Paper.We study the effects of different pricing schemes on the overall surplus in a privately managed retirement system with multiple service providers and switching costs. We develop a theoretical model based on the Chilean retirement system and consider a repeated auction for monopoly rights over new enrollees.Sam FlandersEconomics
Flanders, Sam and Melati Nungsari, 2019. "Quality Versus Fit: Market Design and Externalities on Multidimensional Matching Platforms." Working Paper.We study the effects of different pricing schemes on the overall surplus in a privately managed retirement system with multiple service providers and switching costs. We develop a theoretical model based on the Chilean retirement system and consider a repeated auction for monopoly rights over new enrollees.Sam Flanders, Melati NungsariEconomics
Flanders, Sam, Melati Nungsari, and Marcela Parada‐Contzen, forthcoming. "Pricing schemes and market efficiency in private retirement systems." Journal of Public Economic TheoryThis chapter explores how aspects of American Christianity became international law through certain UN treaties and how international ‘development’ inspires faith in its necessity akin to American Evangelical faith. It argues that while the ‘Social Gospel’ shaped international ‘human rights’ and ‘development’ institutions, ‘Evangelicalism’ sustained and reshaped faith in both.Sam Flanders, Melati NungsariEconomics
Kevin Crow, International Law as Evangelism, in Benjamin Porat and David Flatto (eds.), Law as Religion, Religion as Law (forthcoming, Cambridge 2021).This chapter explores how aspects of American Christianity became international law through certain UN treaties and how international ‘development’ inspires faith in its necessity akin to American Evangelical faith. It argues that while the ‘Social Gospel’ shaped international ‘human rights’ and ‘development’ institutions, ‘Evangelicalism’ sustained and reshaped faith in both.Kevin CrowInternational Law
Kevin Crow and Lina Lorenzoni-Escobar, From Traction to Treaty Bound: Erga Omnes, Multinationals, and the Arbitral Use of Judge-Made Law, (forthcoming, 2020).While the debate on international human rights and environmental obligations for multinational corporations has raged on for decades, the decisions of extra-IIL courts regarding such obligations have been creeping into international investment arbitration at an accelerated rate since the Roussalis decision of 2011.Kevin CrowInternational Law
Kevin Crow, Bandung’s Fate, in Ingo Venzke and Kevin Jon Heller (eds.), Situating Contingency in International Law (forthcoming, Oxford 2020).Without diminishing Bandung’s importance to present day understandings of international law, this Chapter argues that its anticlimactic impact was almost inevitable. The Chapter refers to this phenomenon as Bandung’s ‘fate’: a narrow understanding of Bandung’s legal utility in its immediate present that was in many ways preordained.Kevin CrowInternational Law
Kevin Crow, The Opacity of Proportionality in International Courts: Could Categories Clarify?, 51 Geo. Wash. Int’l L. Rev. 289 (2019).This article argues that, although proportionality has flimsy foundations in international courts, it nevertheless has utility. It takes issue with universalist champions of proportionality because they often assume that reasons can have universally consistent weight and that, as such, international judges can weigh them.Kevin CrowInternational Law
Kevin Crow, International Law and Corporate Participation in Times of Armed Conflict, 37 Berkeley J. Int’l L. 64 (2019).This paper explores the overlapping conceptions of ‘international legal personhood’ in international criminal law (ICL) and international investment law (IIL) in light of the December 2016 ICSID Award of Urbaser v. Argentina. It is an effort to parse out and test potential standards for investor-to-state liability for corporate participation in mass atrocities and human rights violations, particularly in instances of armed conflict.Kevin CrowInternational Law
Christian Tietje and Kevin Crow, DSB Supervision of Implementation at the WTO, Max Planck EiPro Encyclopedia of International Law (Oxford 2019).This entry provides an analysis of the rules governing the supervision of implementation of Dispute Settlement Body (“DSB”) reports based on the World Trade Organization’s (“WTO”) Dispute Settlement Understanding (“DSU”). Specifically, it focuses on the precise functions of the DSB’s implementation surveillance after an Appellate Body (“AB”) or Panel Report has been issued.Kevin CrowInternational Law
Kevin Crow, Corporations and Crimes Against Humanity, in Katia Fach Gomez, Anastasios Gourgourinis and Catharine Titi (eds.), European Yearbook of International Economic Law, Special Issue: International Investment Law and the Law of Armed Conflict (Springer 2019).This chapter is a revised version of a previous work appearing in the Berkeley Journal of International Law 37:1 (2019); this places greater detail and emphasis on crimes against humanity rather than actions in times of armed conflict generally.Kevin CrowInternational Law
Kevin Crow and Lina Lorenzoni-Escobar, International Corporate Obligations, Human Rights, and the Urbaser Standard: Breaking New Ground?, 36 B.U. Int’l L. J. 87 (2018).The December 2016 ICSID Tribunal Award of Urbaser v. Argentina—the latest in the ISDS arbitral saga spawned by the 2001 Argentine financial crisis—has caused quite a stir amongst international human rights lawyers who speculate that the decision may signal an ‘inroad’ to hold corporations liable for human rights violations under public international law.Kevin CrowInternational Law
Christian Tietje and Kevin Crow, The Reform of Investment Protection Rules in CETA, TTIP, and Other Recent EU-FTAs: Convincing?, in Stefan Griller, Walter Obwexer and Erich Vranes (eds.), Mega-Regional Agreements: TTIP, CETA, TiSA. New Orientations for EU External Economic Relations (Oxford 2017).This chapter explores the systemic problems that plague provision-dependent investment protection reforms in CETA, TTIP, and other recent EU-FTAs. The authors suggest that the current international investment system’s asymmetrical structure precludes effective reforms because reforms that “level the playing field” between state and investor run counter to the logic of a system designed with the purpose of protecting investors and investments, not states.Kevin CrowInternational Law
Kevin Crow, The Concept of ‘Development’ in International Economic Law: Three Definitions and an Inquiry Into Origin, 14 Manchester J. Int’l Econ. L. 148 (2017)This article provides a genealogy of ‘development’ as a legal rather than economic term. The language of ‘development’ has become pervasive in international law, especially in its human rights and economic spheres, but the concept of ‘development’ lacks a clarity of definition in international legal instruments.Kevin CrowInternational Law