Capital controls and international economic law / Bryan Mercurio, The Chinese University of Hong Kong.

Format:

Book

Author/Creator:

Mercurio, Bryan, author.

Series:

Cambridge international trade and economic law.

Cambridge international trade and economic law

Language:

English

Subjects (All):

Capital movements--Law and legislation.

Capital movements.

Physical Description:

1 online resource (xxviii, 213 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2023.

Summary:

Focusing on capital controls, this study provides rigorous legal analysis to establish whether the mandate of the International Monetary Fund (IMF) extends to the capital account; that is, whether the IMF has the authority to control and/or regulate the use of capital controls by its member states. The book then analyses whether a country's use of capital controls is consistent with the obligations and commitments undertaken in various multilateral and bilateral trade and investment agreements. Finally, it analyses the tension within international economic law, as the IMF now encourages the use of capital controls under certain circumstances, while most trade/investment agreements prohibit or limit their use. Proposing a way forward to alleviate the tension and construct a more harmonious relationship between the norms and standards of finance, trade and investment, this study will be essential reading for policymakers.

Contents:

The liberalisation of capital flows

Capital flow management measures

Shifting the IMF mandate

The legality of the IMF's mandate expansion

The multilateral trade framework

Bilateral and regional trade agreements

International investment agreements

Conclusions.

Notes:

Title from publisher's bibliographic system (viewed on 22 May 2023).

Includes bibliographical references and index.

ISBN:

1-009-05075-3

1-009-05095-8

1-009-04221-1