The Policy-Making of Investment Treaties in Brazil: Policy Learning in the Context of Late Adoption

Maggetti M., Choer Moraes H. (2018) The Policy-Making of Investment Treaties in Brazil: Policy Learning in the Context of Late Adoption. In: Dunlop C., Radaelli C., Trein P. (eds) Learning in Public Policy. International Series on Public Policy. Palgrave Macmillan, pp 295-316

22 Pages Posted: 15 May 2018 Last revised: 7 Nov 2019

See all articles by Henrique Choer Moraes

Henrique Choer Moraes

Embassy of Brazil in New Zealand ; KU Leuven

Martino Maggetti

University of Zurich

Date Written: May 1, 2018

Abstract

Brazil has traditionally been one of the only major economies never to have committed to an international investment agreement, an area of global policy dominated by a specific type of agreement, the Bilateral Investment Treaties (BITs). This country changed its traditional stance only recently, due in particular to the interest of domestic stakeholders, who were increasingly investing abroad. But when Brazil decided to join the network of investment agreements, it did so on its own terms, employing a model agreement that significantly departs from the globally-disseminated BIT-format. We argue that the design of the Brazilian investment model agreement is the result of a policy learning process that draws extensively both from the experiences and foreign policy preferences of Brazil as well as from negative experiences of third countries with the traditional BITs.

Keywords: Bayesian rational learning, Bilateral investment treaties (BIT), Bounded rational process, Policy diffusion, Policy learning

Suggested Citation

Choer Moraes, Henrique and Maggetti, Martino, The Policy-Making of Investment Treaties in Brazil: Policy Learning in the Context of Late Adoption (May 1, 2018). Maggetti M., Choer Moraes H. (2018) The Policy-Making of Investment Treaties in Brazil: Policy Learning in the Context of Late Adoption. In: Dunlop C., Radaelli C., Trein P. (eds) Learning in Public Policy. International Series on Public Policy. Palgrave Macmillan, pp 295-316, Available at SSRN: https://ssrn.com/abstract=3171624

Henrique Choer Moraes (Contact Author)

Embassy of Brazil in New Zealand ( email )

Level 13, 10 Customhouse Quay
Wellington, 6011
New Zealand

KU Leuven ( email )

Belgium

Martino Maggetti

University of Zurich ( email )

Rämistrasse 71
Zürich, CH-8006
Switzerland

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