O modelo de acordo de cooperação e facilitação de investimentos (ACFI) do Brasil e o regime internacional de investimentosos casos de Angola e Moçambique

Resumo

After the proliferation of bilateral investment treaties (BITs) in the post-World War II period, especially during the 1990s, concerns about their effectiveness in increasing investment flows, or their impact on social and environmental policy space, led many countries to review their parameters. In this context, Brazil enacted a new model of Cooperation and Investment Facilitation Agreements (CIFAs), initially signed with African countries. In this paper, we present the context of the creation of CIFAs and their contents, through an analysis of the agreements with Angola and Mozambique in comparison to other BITs signed by those countries. We argue that the CIFAs were initially signed with African countries, in 2015, due to strategic interests of the Brazilian government at that moment, as well as due to the history of Brazilian multinationals’ presence, which faced disputes and conflicts. The CIFA model brings innovative aspects that attenuate criticized elements of traditional BITs, such as the Investor-State dispute settlement clause. However, its implementation will need to be closely monitored to ensure it has positive effects for social and environmentally responsible investments, as the Brazilian model intends to promote.

Ficha do documento

Tipo

Artigo científico

Ano

2021

Instituição

Instituto de Pesquisa Econômica Aplicada (Ipea)

Fonte

Repositório do Ipea

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.ipea.gov.br:11058/10776

Licença

Licença Comum

Abrangência

Brasil; Angola; Moçambique

Palavras-chave

InvestimentosCooperação InternacionalEmpresas TransnacionaisACFITratados bilaterais de investimentosRegime internacional de investimentos