Foreign and Domestic Investment in Argentina :The Politics of Privatized Infrastructure

Publication subTitle :The Politics of Privatized Infrastructure

Author: Alison E. Post;  

Publisher: Cambridge University Press‎

Publication year: 2014

E-ISBN: 9781316912195

P-ISBN(Paperback): 9781107048041

P-ISBN(Hardback):  9781107048041

Subject: D Political and Legal

Keyword: 政治、法律

Language: ENG

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Description

This book argues that for infrastructure privatization programs, differences in firm organizational structure explain the viability of privatization contracts in weak institutional environments. Political economy scholarship suggests that private sector investment, and thus economic growth, is more likely to occur when formal institutions allow states to provide investors with credible commitments to protect property rights. This book argues that this maxim does not hold for infrastructure privatization programs. Political economy scholarship suggests that private sector investment, and thus economic growth, is more likely to occur when formal institutions allow states to provide investors with credible commitments to protect property rights. This book argues that this maxim does not hold for infrastructure privatization programs. Political economy scholarship suggests that private sector investment, and thus economic growth, is more likely to occur when formal institutions allow states to provide investors with credible commitments to protect property rights. This book argues that this maxim does not hold for infrastructure privatization programs. Rather, differences in firm organizational structure better explain the viability of privatization contracts in weak institutional environments. Domestic investors - or, if contracts are granted subnationally, domestic investors with diverse holdings in their contract jurisdiction - work most effectively in the volatile economic and political environments of the developing world. They are able to negotiate mutually beneficial adaptations to their contracts with host governments because cross-sector diversification provides them with informal contractual supports. The book finds strong empirical support for this argument through an analysis of fourteen water and sanitation privatization contracts in Argentina and a statistical analysis of sector trends in developing countries. Introduction; 1. Informal contractual supports in weak institutional environments; 2. An overview of the Argentine privatizations; 3. The fragility of nonlocal contracts prior to the crisis; 4. Smoother sailing for all investors in less competitive provinces; 5. Home court advantages magnify after the crisis; 6. Diverse local holdings also prevail in calm political contexts; 7. Explaining contractual resilience in low- and middle-income countries; 8. Conclusion. 'Post's book is must-reading for anyone interested in the private provision of infrastructure services, and particularly the epidemic of cancelled concession contracts. The existing literature emphasizes the role of institutional features - such as international legal guarantees, independent regulators, and other formal property rights protections - in discouraging cancellation. But Post's in-depth study of 14 water concessions in Argentina suggests that informal property rights protections are more important. In particular, concessions led by domestic firms with diversified local holdings are much more resilient than those led by multi-national companies specializing in infrastructure because the domestic companies are more socially and politically embedded and have a wider variety of negotiating options.' José A. Gómez-Ibáñez, Derek C. Bok Professor of Urban Planning and Public Policy, Harvard University 'Development studies has recently turned its attention to the legal environment facing business. Does greater accountability of government improve the rule of

Chapter

Sources

Road Map

1 Informal Contractual Supports in Weak Institutional Environments

The Outcomes of Interest: Resilient versus Brittle Contractual Relationships

Bilateral Bargaining in a Volatile Political Setting

Explaining Divergent Contractual Relationships

Investor Organizational Structure and Divergent Contract Trajectories

Firm Structure, Preferences, and Negotiating Tactics

Investor Organizational Structure and Embeddedness

Investor Organizational Structure and Predicted Contract Trajectories

Variation among Foreign Investors

Political Sources of Variation

Financial Resources and Changing Leverage over Time

Scope Conditions for the Argument

Alternative Explanations

Conclusion

2 Water and Sanitation Privatization in Argentina: An Overview

The Setting for Privatization: A Decentralized and Deficit-Ridden System

A Relatively Uniform Privatization Program with Partial Uptake

The “Selection Process”: Investor Entry into Particular Contracts

A Broad-Brush Test of the Book’s Argument in the Argentine Water Sector

Choice and Measurement of the Key Dependent and Independent Variables

Conceptualizing and Measuring Investor Organizational Structure

Conceptualizing and Measuring Investor Exit

Measuring Successfully Concluded Contract Renegotiations

Conceptualizing and Measuring Post-Crisis Rate Increases

Correlations between Investor Organizational Structure and Contractual Outcomes

An Initial Consideration of Alternative Explanations

Conclusion

3 Contractual Fragility Prior to the Crisis: Investors without Diverse Local Holdings Falter

Identifying More and Less Challenging Political Environments for Infrastructure Contracts

Expectations and Measurement for Contracts in High-Hurdle Political Environments during Periods of High Investor Leverage

Foreign-Led Contracts in Provinces with High Political Hurdles

Saur’s Faltering Trajectory in Mendoza Province

The Implosion of Azurix’s Contract in Buenos Aires Province

The Collapse of the Aguas del Aconquija Contract in Tucumán

Domestic Investors with and without Local Holdings in High-Hurdle Environments: The Corrientes Case

Conclusion

Chapter Appendix

Political Hurdle Index

Details

4 Smoother Sailing for All Investors in Less Competitive Provinces

Foreign-Led Contracts in Provinces with Low to Moderate Political Hurdles

Foreign Investor Suez’s Portfolio in Buenos Aires, Santa Fe, and Córdoba

A Smooth Start for the Foreign-Held Contract in Misiones Province

Domestic Investors Preside over Resilient Contracts in Provinces with Low and Moderate Political Hurdles

Smooth Sailing for Domestic Investors in the Low-Hurdle Provinces of Salta, La Rioja, and Santiago

Formosa’s Domestic Operator Presides over a More Brittle Contract

Conclusion

5 Home Court Advantages Magnify after the Crisis

Theoretical Expectations for High-Hurdle Environments

Categorizing Political Environments for the Post-Crisis Period

The Implosion of Foreign-Led Contracts in Jurisdictions with High Political Hurdles

Negotiations Break Down in Metropolitan Buenos Aires and the Province of Buenos Aires

A Foreign-Domestic Joint Venture Reaches a Similar Stalemate in Mendoza

Investors with Diverse Local Holdings Secure Better Deals

Conclusion

6 Diverse Local Holdings Also Prevail in Calm Political Contexts

The Failure of Foreign-Led Contracts in Provinces with Low to Moderate Political Hurdles

Foreign Investors Exit Contracts in Santa Fe, Córdoba, and Catamarca

Outside Support Crucial for the Foreign-Led Misiones Contract

Domestic Investors without Local Holdings Struggle

Mixed Performance by Domestic Investors in Formosa, Santiago and La Rioja

A Domestic Joint Venture Does Better, Then Collapses

Investors with Diverse Local Assets Pull Ahead Again

Conclusion

7 Explaining Contractual Resilience in Low- and Middle-Income Countries

Investor Portfolios and Premature Contract Cancellation in Low- and Middle-Income Countries

Support for Alternative Explanations of Cancellation among All Contracts

Access to International Arbitration and Premature Contract Cancellation

Support for Alternative Explanations of Cancellations among Foreign-Led Contracts

Additional Signs of Foreign Investor Exit from Emerging Markets

Conclusion

Conclusion

Key Findings

How Far Does the Argument Travel?

Broader Implications

References

Index

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