Capital Controls and International Economic Law

International Law

Capital Controls and International Economic Law

By Bryan Mercurio
Cambridge University Press November 2024

Specifications

ISBN-13
9781009045452
Publisher
Cambridge University Press
Publication
November 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
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