This thesis concerns the connection between the development of Polish foreign policy and the evolution of the Warsaw Pact's proposals for an all European Conference on Security and Cooperation in Europe (CSCE). The first concrete CSCE proposal was put forward by Poland in 1964. It reflected the Soviet Union's interests as well as those of Poland's. The proposals were closely related to the situation which World War II had created for Poland. During the war Poland was massacred by both the Germans and the Soviets. It lost almost half of its territory to the Soviet Union and was moved to the West. Therefore, immediately after the war one could speak very little of Polish foreign policy. However, since 1955 when West German was recognized by the Western Powers as a sovereign state and was rearmed, Polish foreign policy was greatly reactivated. This was precisely because a strong German state would challenge Poland's western frontier, which it had received as compensation for the land it had lost in the East. Through various Rapacki plans and its vigorous campaigns for the Council on Security and Cooperation in Europe (CSCE), Poland attempted to prevent the emergence of a powerful German state, thus securing the finality of its western border. But these policies also aimed at decreasing the Soviet overlordship of Poland. With its vital territorial question settled and the Soviet influence over it decreased, Poland hoped to cultivate closer ties with Western Europe, from which it had been artificially separated.

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This dissertation examines how the legal structuring of foreign investment works as a mechanism of political domination. It focuses on two nodes in world economy—Paris and Guinea. I show that political authority in both places has been structured by private foreign capital all the while state-based jurisdictional arbitrage conditions transnational capital. The dissertation is based on three sets of material. The centerpiece is an extended case study of so-far unrealized projects to mine iron ore in the Simandou mountain chain in Guinea. This is based on five months of ethnography in Guinea and the study of over fifteen thousand pages of documents that became public in the investor-state arbitral case BSGR vs. Guinea. Secondly, I rely on one year of ethnography with investment arbitration and project finance lawyers and investment promotion milieus in Paris, especially regarding Africa-directed investments. Finally, the dissertation draws on diverse archives and secondary literature to document the longer history of foreign investment. I draw on and contribute to three separate literatures : (a) work on legal techniques and market devices within Social Studies of Finance; (b) studies of regulatory diversity and uneven development in world economy; (c) empirical studies of moral economies of ordinary economic setups. The first chapter shows how transnational property ownership was conceived as foreign capital between 1870 and 1960 but became to be understood as foreign investment after 1960 shifting the emphasis from foreign ownership to foreigners’ contribution to domestic development. The second chapter studies how foreign investment has come to be seen a major tool for economic development and betterment based on ethnography at investment promotion events and visions of professional excellence of investment intermediaries. Chapters three and four focus on the Simandou case study. Chapter three tells how the Simandou mining contracts were negotiated and how through recourse to stabilization and investment arbitration clauses and integration of English and French law these investor-state contracts partially disembedded Guinean mineral resources from state sovereignty to become international financial assets. The fourth chapter shows how different overlapping ways to structure property over the Simandou mountain chain and its iron ore reserves were unequally scalable with investor-state arbitration backed permits being more easily convertible financial assets than land control via the host-stranger settlement paradigm. This allowed international mining companies to earn financial benefits from holding their Guinean mining titles as foreign property while presenting them as foreign investment.

University of Macau / Faculty of Law

published_or_final_version / Business Administration / Master / Master of Business Administration

O Direito e o investimento estrangeiro guardam uma relação muito íntima. Sabese que o Direito exerce o papel de induzir ou de reduzir o investimento estrangeiro, tendo em conta o tratamento legal conferido ao receber capital ou bens vindos do exterior. O núcleo central da presente tese é o estrangeiro. Costuma-se estudar a relação de investimento, porém é exatamente sobre a discriminação no tratamento conferido ao investidor estrangeiro que reside o principal papel a ser exercido pelo Direito Internacional do Investimento. Diante desta falha metodológica, a presente tese propõe-se estudar uma nova aproximação metodológica para o Direito Internacional do Investimento, sobretudo para adequar sua análise do contemporâneo Direito Internacional Público e seu princípio da cooperação internacional. Ao final da presente tese, conclui-se que o Direito Internacional do Investimento tem analisado as relações das chamadas Empresas Transnacionais e desconsiderado as pequenas e médias empresas, cuja participação no cenário internacional deve ser incentivada, em especial por meio do associativismo, entre empresas nacionais e estrangeiras. / The law and foreign investment maintain a very close relationship. It is known that the law plays the role of inducing or reducing foreign investment, taking into account the legal treatment given to capital or goods received from abroad. The core of this thesis is the foreigner. It is often study the investment relationship, but it is exactly on discrimination in treatment given to foreign investors that lay the main role to be exercised by international Law Investment. Given this methodological weakness, this thesis proposes to study a new methodological approach to the International Investment Law, mainly to adjust its analysis to contemporary International Law and its principle of international cooperation. At the end of this thesis, it is concluded that the International Investment Law already has explored the relationship of the Transnational Corporations and yet disregarded the small and medium companies, whose involvement in the international arena should be encouraged, in particular through associations, among national and foreign companies.

Univ., Diss.--The Hague, 2006. / Literaturverz. S. [261] - 275.

O Direito e o investimento estrangeiro guardam uma relação muito íntima. Sabese que o Direito exerce o papel de induzir ou de reduzir o investimento estrangeiro, tendo em conta o tratamento legal conferido ao receber capital ou bens vindos do exterior. O núcleo central da presente tese é o estrangeiro. Costuma-se estudar a relação de investimento, porém é exatamente sobre a discriminação no tratamento conferido ao investidor estrangeiro que reside o principal papel a ser exercido pelo Direito Internacional do Investimento. Diante desta falha metodológica, a presente tese propõe-se estudar uma nova aproximação metodológica para o Direito Internacional do Investimento, sobretudo para adequar sua análise do contemporâneo Direito Internacional Público e seu princípio da cooperação internacional. Ao final da presente tese, conclui-se que o Direito Internacional do Investimento tem analisado as relações das chamadas Empresas Transnacionais e desconsiderado as pequenas e médias empresas, cuja participação no cenário internacional deve ser incentivada, em especial por meio do associativismo, entre empresas nacionais e estrangeiras. / The law and foreign investment maintain a very close relationship. It is known that the law plays the role of inducing or reducing foreign investment, taking into account the legal treatment given to capital or goods received from abroad. The core of this thesis is the foreigner. It is often study the investment relationship, but it is exactly on discrimination in treatment given to foreign investors that lay the main role to be exercised by international Law Investment. Given this methodological weakness, this thesis proposes to study a new methodological approach to the International Investment Law, mainly to adjust its analysis to contemporary International Law and its principle of international cooperation. At the end of this thesis, it is concluded that the International Investment Law already has explored the relationship of the Transnational Corporations and yet disregarded the small and medium companies, whose involvement in the international arena should be encouraged, in particular through associations, among national and foreign companies.