Paper presented at the Society of International Economic Law (SIEL) Inaugural Conference, Geneva, 15-17 July 2008. TABLE OF CONTENTS: 1. The relationship among international economic institutions as envisioned after World War II. – 2. Types of exchange measures. – 3. Exchange measures under the IMF Articles of Agreement. – 3.1. The limited scope of the IMF regulation. – 3.2. IMF safeguard provisions for balance-of-payments and security reasons. – 3.3. Legal effects of exchange measures inconsistent with the IMF Articles. – 4. Exchange measures and the WTO legal framework. – 4.1. Substantial links (regime borrowing) between the WTO and the IMF. – 4.2. Procedural links: the IMF’s expertise and interpretation power. – 5. Exchange measures and international investment law. – 5.1. The free transfer of funds provision. – 5.2. The current status of the balance-of-payments safeguard clauses in international investment agreements. – 5.3. Relevance of the BoP safeguard provisions today: BoP clauses vs. economic state of necessity.
Dispute Settlement Over Exchange Measures Affecting Trade and Investments: The Overlapping Jurisdiction of the IMF, WTO and ICSID
VITERBO, Annamaria
2008-01-01
Abstract
Paper presented at the Society of International Economic Law (SIEL) Inaugural Conference, Geneva, 15-17 July 2008. TABLE OF CONTENTS: 1. The relationship among international economic institutions as envisioned after World War II. – 2. Types of exchange measures. – 3. Exchange measures under the IMF Articles of Agreement. – 3.1. The limited scope of the IMF regulation. – 3.2. IMF safeguard provisions for balance-of-payments and security reasons. – 3.3. Legal effects of exchange measures inconsistent with the IMF Articles. – 4. Exchange measures and the WTO legal framework. – 4.1. Substantial links (regime borrowing) between the WTO and the IMF. – 4.2. Procedural links: the IMF’s expertise and interpretation power. – 5. Exchange measures and international investment law. – 5.1. The free transfer of funds provision. – 5.2. The current status of the balance-of-payments safeguard clauses in international investment agreements. – 5.3. Relevance of the BoP safeguard provisions today: BoP clauses vs. economic state of necessity.File | Dimensione | Formato | |
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