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The multinational firm and international regulation

Published online by Cambridge University Press:  22 May 2009

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Writing about alternative international regimes to deal with direct foreign investment (DFI) may seem to be somewhat like discussing a perpetual motion machine: most people would like one for their own purposes; no one has ever built one; and discussions about their construction often take on a certain air of unreality. In contrast to the issue areas of money, trade, and aid, there is no important set of international institutions concentrating primarily on DFI. Numerous bilateral agreements and multilateral arrangements regulate or facilitate, in one way or another, the activities of private investors, but these have not been systematized into a coherent structure. Negotiations for new agreements do not take place within a large and semiformal international arrangement, such as the General Agreement on Tariffs and Trade (GATT), and no large international institution, such as the World Bank in the aid field, exists primarily to give direction to activities in this area.

Type
Section II
Copyright
Copyright © The IO Foundation 1975

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References

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41 The importance of status was brought clearly to our attention by Professor Joseph S. Nye.

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51 OECD, Investing in Developing Countries: Facilities for the Promotion of Foreign Private Investment in Developing Countires (Paris: OECD, 1972)Google Scholar, describes different national arrangements in some detail, with a chapter on each OECD country.

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62 IBRD, Annual Report, 1971, p. 35Google Scholar. The 1972 Annual Report of the IBRD does not mention the issue; a letter of 29 June 1973 from a member of the Information and Public Affairs Department of the Bank, received by one of the authors, indicates that the proposed International Investment Insurance Agency was not at that time under active consideration by the Bank's executive directors.

63 See Commission Memorandum on a Community Policy for Development Co-Operation, Summary (27 July 1971), Supplement 5/71, Annex, to Bulletin of the European Communities 9/10 (1971)Google Scholar; see also Supplement 2/72 to the Bulletin, and the Bulletin, 5–4 (1972), p. 95, and 5–10(1972).

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81 Ibid., p. 186.

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83 Ibid., p. 323.

84 Ibid., p. 322.

85 Malmgren, Harald B., “The International Organizations in the Field of Trade and Investment,” in United States International Economic Policy in an Interdependent World, vol. 2, p. 429Google Scholar.

86 Rubin, Seymour, “Report on the Conference,” in International Control of Investment, p. 9Google Scholar. Even Kindleberger seemed to agree: “I am a little embarassed by the occasional reference to the fact that I have suggested that we need international rules for the international corporation, a sort of GATT. I do not feel very strongly about this: I just threw out the suggestion” (ibid., p. 249).

87 Nicholas deB. Katzenbach, “The Realistic Prospects for Greater Political Integration and Organization of Developed Countries Related to Investment,” ibid., p. 69.

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89 ILO, Multinational Enterprises and Social Policy.

90 The report is listed as UN Document E/5500/Add.l (Part I), 24 May 1974. Part II consists of dissents and other comments by members of the group. The discussion of “institutional machinery and action” appears on pp. 34–41; the quoted phrase can be found on p. 40. The fact that the report appeared after this article had been completed and sent to the editors accounts for the relatively brief attention given to it here.

91 See the discussion of this question in United Nations, Department of Social and Economic Affairs, Multinational Corporations in World Development (UN Document ST/ECA/190), New York, 1973, p. 90Google Scholar.

92 This sentence was written before the publication of the report by the Group of Eminent Persons, but its conclusion seems to be supported by that report. The group did suggest that as a “longer term objective,” a “general agreement on multinational corporations” should be negotiated, but it argued that serious steps in this direction were premature at this time.

For a previous elaboration of the argument that vested interests of established international organizations would create pressures for coordination machinery rather than a powerful new operating agency to deal with multinational firms, see Walters, Robert W., “International Organizations and the Multinational Corporation: An Overview and Observations,” Annals of American Academy of Political and Social Science, no. 403 (09 1972): 127–38CrossRefGoogle Scholar.

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96 See Avery, William P. and Cochrane, James D., “Innovation in Latin American Regionalism: The Andean Common Market,” International Organization 27 (Spring 1973): 181224Google Scholar. See also the UN Secretariat study, Multinational Corporations in World Development, p. 77Google Scholar; and Diaz, Ralph A., “The Andean Common Market: Challenge to Foreign Investors,” Columbia Journal of World Business, 0708 1971, pp. 2228Google Scholar.

97 The quotation is from the New York Times, 31 December 1973, p. 2. For an opposing view, see Bergsten, C. Fred, “The New Era in World Commodity Markets,” Challenge, Sept./Oct. 1974, pp. 3239Google Scholar. A symposium on this subject, with contributions by Bergsten, C. Fred, Krasner, Stephen, and Mikdashi, Zuhayr, can be found in Foreign Policy, no. 14 (Spring 1974)Google Scholar.

98 See ILO, Multinational Enterprises and Social Policy, p. 65Google Scholar. Also see the statement of Herbert Maier, director of the Economic, Social and Political Department of the International Confederation of Free Trade Unions, in US Congress, Joint Economic Committee, A Foreign Economic Policy for the 1970's, p. 824Google Scholar.

99 Stopford, John M. and Wells, Louis T. Jr, Managing the Multinational Enterprise (New York: Basic Books, 1972), chapter 11Google Scholar. One senior executive of a US manufacturing concern noted of Decision 24 of the Andean Pact: “I won't be surprised if it passes, but then I won't be surprised if it stretches like an accordian with all the clauses.” See How Will Multinational Firms React to the Andean Pact's Decision 24?,” Inter-American Economic Affairs 25 (Autumn 1971): 57Google Scholar.

100 Council of the Americas, Andean Pact: Definition, Design, and Analysis (New York: Council of the Americas, no date, but contextually set in late 1973 or early 1974)Google Scholar; particularly, “Implementing Legislation and Juridical Trends of ANCOM Members,” by DrMartix, Mary Mercedes. Her conclusion is that the ANCOM code “will be much milder than it looks on the books” (part 3, p. 39)Google Scholar.

101 John R. Pate, Jr., “Activities of Non-U.S. Companies and Governments in Peru,“ in ibid., part 4, p. 4.

102 “How Will Multinational Firms React to the Andean Pact's Decision 24?,” p. 62.

103 Stopford and Wells, pp. 152–53.

104 Ibid., chapter 8.

105 Ibid., p. 154.

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107 Reuber discusses two cases in which firms were forced into a minority ownership position at the insistence of the host country. “Agreements were finally signed allowing managerial fees, royalties for technology, and guaranteed dividends which, in combination, far exceeded anything that… the firms had repatriated from these projects up to that time or hoped to repatriate later;… they were no longer prepared to reinvest earnings on the basis of future growth potentials. Lack of control over the direction of growth and the distribution of potential profits changed the fundamental purpose of the companies' involvement.” Reuber, , pp. 86–87Google Scholar.

108 Hirschman, Albert O., How to Divest in Latin America, and Why, Princeton Essays in International Finance, no. 76 (Princeton, N.J.: Princeton University Press, 1969), pp. 49Google Scholar.

109 See Wionczek, Miguel S., “The Rise and the Decline of Latin American Economic Integration,” Journal of Common Market Studies 9 (09 1970): 4966Google Scholar; Wynia, Gary W., Politics and Planners: Economic Development Policy in Central America (Madison, Wis.: University of Wisconsin Press, 1972)Google Scholar.

110 For an interesting discussion of this possibility, see Gabriel, Peter H., “MNCs in the Third World: Is Conflict Unavoidable?,” Harvard Business Review 50 (0708 1972): 93–102Google Scholar.

111 See the related discussion by Carlos Diaz-Alejandro in this volume.

112 Oliver, Covey T., “The Andean Foreign Investment Code: A New Phase in the Quest for Normative Order as to Direct Foreign Investment,” American Journal of International Law 66 (10 1972): 784CrossRefGoogle Scholar.

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