Capital Controls and International Economic Law

This study examines the legal implications of capital controls, analyzing whether the IMF has the authority to control and/or regulate their use by member states. It also examines the consistency of capital controls with trade and investment agreements and proposes a way forward to alleviate the tension between finance, trade, and investment norms and standards.

Format: Hardback
Length: 220 pages
Publication date: 01 June 2023
Publisher: Cambridge University Press

This comprehensive study delves into the intricate realm of capital controls, undertaking a rigorous legal analysis to ascertain whether the mandate of the International Monetary Fund (IMF) extends to the capital account. It explores whether the IMF possesses the authority to control and/or regulate the use of capital controls by its member states. The book then examines whether a country's utilization of capital controls aligns with the obligations and commitments undertaken in various multilateral and bilateral trade and investment agreements. Furthermore, it delves into the tension within international economic law, as the IMF currently encourages the use of capital controls under certain circumstances, while most trade/investment agreements prohibit or limit their use. By proposing a forward-thinking approach to alleviate this tension and foster a more harmonious relationship between the norms and standards of finance, trade, and investment, this study emerges as a vital resource for policymakers.

Weight: 530g
Dimension: 159 x 237 x 22 (mm)
ISBN-13: 9781316517437