Capital Controls and International Economic Law

ISBN-13: 9781316517437 / Angielski

Bryan Mercurio

Opis

This book explores the tension between capital controls and international economic law. Does the IMF have the authority to regulate the use of capital controls? Mercurio shows how to test whether a given country's use of capital controls is consistent with their obligations under various trade and investment agreements.

Recenzje

'Bryan Mercurio's new book provides a fascinating and excellently written study of the changes of the IMF's dealing with capital controls in the past decades, and its relationship with international economic law. It convincingly demonstrates that necessary capital controls are not in an unresolvable conflict with countries' obligations under WTO or investment law. This is an important finding, in particular in a time where we do see increasing investment controls for public security reasons around the globe.' Christoph Herrmann, Chair Professor of Constitutional and Administrative Law, European Law, European and International Business Law, University of Passau

Spis treści

Part I. Key Concepts: Capital Flows and Controls; 1. The Liberalisation of capital flows; 2. Capital flow management, measures; Part II. The IMF, Capital Flows and Controls; 3. Shifting the IMF mandate; 4. The Legality of the IMF's mandate expansion; Part III. Legal Frameworkss, Rules and Conflicts; 5. The multilateral trade framework; 6. Bilateral and regional trade agreements; 7. International investment agreements; 8. Conclusions.