
doi: 10.2139/ssrn.2065100
handle: 10419/101176
Capital controls and exchange restrictions are used to restrict international capital flows during economic crises. This paper looks at the legal implications of these restrictions and explores the current international regulatory framework applicable to international capital movements and current payments. It shows how international capital flows suffer from the lack of a comprehensive and coherent regulatory framework that would harmonize the patchwork of multilateral, regional, and bilateral treaties that currently regulate this issue. These treaties include the Articles of Agreement of the International Monetary Fund (IMF Articles), the General Agreement on Trade in Services (GATS), free-trade agreements, the European Union treaty, bilateral investment treaties, and the Organization for Economic Co-operation and Development (OECD) Code of Liberalization of Capital Movements (OECD Code of Capital Movement). Each of these instruments regulate differently capital movements with little coordination with other areas of law. This situation sometimes leads to regulatory overlaps and conflict between different sources of law. Given the strong links between capital movements and trade in services, this paper pays particular attention to the rules of the GATS on capital flows and discusses the policy space available in the GATS for restricting capital flows in times of crisis.
/dk/atira/pure/subjectarea/asjc/2000/2002, international capital flows, capital controls, exchange restrictions, regulatory framework, international capital movement, Kapitalmobilität, 330, international capital flows, Welt, economic crises, International Economic Law, capital flow, WTO, GATS, name=Economics and Econometrics, F32, capital movement, F13, IMF, F31, F53, exchange restrictions, name=Law, ddc:330, Finanzkrise, international payment, /dk/atira/pure/subjectarea/asjc/3300/3308, Kapitalverkehrskontrolle, capital controls, Finanzmarktregulierung, jel: jel:F31, jel: jel:F53, jel: jel:F32, jel: jel:F13
/dk/atira/pure/subjectarea/asjc/2000/2002, international capital flows, capital controls, exchange restrictions, regulatory framework, international capital movement, Kapitalmobilität, 330, international capital flows, Welt, economic crises, International Economic Law, capital flow, WTO, GATS, name=Economics and Econometrics, F32, capital movement, F13, IMF, F31, F53, exchange restrictions, name=Law, ddc:330, Finanzkrise, international payment, /dk/atira/pure/subjectarea/asjc/3300/3308, Kapitalverkehrskontrolle, capital controls, Finanzmarktregulierung, jel: jel:F31, jel: jel:F53, jel: jel:F32, jel: jel:F13
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 0 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
