We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
from Part III - Legal Frameworks, Rules and Conflicts
Published online by Cambridge University Press: 18 May 2023
The analysis in the substantive chapters of the book have led to the following six observations and concluding remarks: (1) the IMF has regulatory authority over capital controls; (2) The WTO is not an impediment to the implementation of CFMs; (3) modern FTAs and IIAs are not an impediment to the implementation of CFMs; (4) Investment Tribunals and WTO Dispute Settlement Panels have interpreted the prudential exception broadly, fairly and reasonably; (5) a CFM taken in accordance with IMF recommendations or guidance is unlikely to conflict with modern trade and investment agreements; and (6) there is a potential convergence between WTO and international investment law. A recurring theme is that the risk of IEL instruments constraining governments has been overstated. The main risk lies not so much in IEL agreements per se but in those agreements that do not incorporate modern drafting techniques which limit or condition State obligations or provide for a wide range of safeguards to ensure that legitimate CFMs do not run afoul of treaty obligations.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
