Reconciling IMF Rules and International Investment Agreements: An Innovative Derogation for Capital Controls

Columbia FDI Perspectives No. 78

3 Pages Posted: 24 Jan 2013

Date Written: September 10, 2012

Abstract

In the absence of an international framework governing capital controls, a conflict has developed due to the different approaches towards such controls taken by various international organizations and international investment agreements (IIAs). This Perspective argues that IIAs should incorporate derogations for countries when treaty obligations conflict with IMF recommendations to impose controls in response to severe economic hardship.

Keywords: IIAs, investment agreements, capital controls, IMF

Suggested Citation

Broomfield, Elizabeth, Reconciling IMF Rules and International Investment Agreements: An Innovative Derogation for Capital Controls (September 10, 2012). Columbia FDI Perspectives No. 78, Available at SSRN: https://ssrn.com/abstract=2206646

Elizabeth Broomfield (Contact Author)

Cleary Gottlieb Steen & Hamilton LLP ( email )

One Liberty Plaza
New York, NY 10006
United States

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