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64<br />
America. Also the issue of human rights in their indivisibility, which do not only contain<br />
the civic-political rights of the “Civil Defense Act”, 159 but also economic, social<br />
and cultural human rights, 160 do not seem to constitute a basic role model for the<br />
actions of European transnational corporations.<br />
Europe’s economic interest in the Latin American countries is not uniform: In<br />
the course of the privatizations and liberalizations of the last few years Spanish corporations<br />
above all have tried to take over entire economic sectors by buying state<br />
owned companies all over Latin America. German corporations, for example, which<br />
traditionally have a relatively strong presence in Latin American domestic markets,<br />
have not participated in this wave of takeovers. Dutch corporations, on the other<br />
hand, who had participated in the takeovers in the nineties to a minor - but nonetheless<br />
significant – extent, are once again partially pulling out: The Dutch retail corporation<br />
Ahold, confronted with payment difficulties, is just one example of this. 161 Other<br />
European corporations have also backed out of Latin America: For example, the<br />
French Crédit Agricoles and the ScotiaBank, which as a result of the Argentine crises<br />
pulled out of Argentina. This retreat can nonetheless be seen in the global decrease<br />
of foreign investment flows. 162<br />
International capital flows in terms of FDI can be explained to a large extent by<br />
cash flows in the area of M&A. 163 Throughout Latin America the market for M&A in the<br />
first half of 2003 has shown clear signs that Latin American companies have been<br />
increasingly positioning themselves (Latin American M&As accounted for 62.5 % of<br />
the total at the end of June 2003, according to estimates from Thomson Financial).<br />
This is, however, most likely due to the drawback of European and North American<br />
companies. At the same time it has to be mentioned that reinvestment using acquired<br />
cash-flows made by foreign companies who already reside in Latin America is<br />
statistically not treated as foreign capital, just as the country specific classification of<br />
FDI-flows, which pass through so-called tax havens, is not possible:<br />
“It is striking that, according to the estimates of central banks and ministries<br />
from Latin America, one fifth of FDI comes from other countries, i.e., primarily<br />
from tax havens. But tax havens seem to merely be of transitional nature<br />
for investment by companies from the industrial countries, yet statistics of<br />
the industrial countries give similar numbers for the direct investment of their<br />
159 Adopted by the General Assembly of the UN in the Universal Declaration of Human Rights in 1948.<br />
160 Put down in the International Treaty on Economic, Social and Cultural Rights on December 19, 1966 and ratified<br />
in the “Social Pact” in 1976.<br />
161 FT, December 22, 2003.<br />
162 United Nations Conference on Trade and Development (UNCTAD): World Investment Report 2003 - FDI Policies for<br />
Development: National and International Prespectives, New York/Geneva 2003.<br />
163 Ibid.