Book•
International Economic Law and Monetary Measures: Limitations to States' Sovereignty and Dispute Settlement
28 Apr 2012-
TL;DR: In this article, the Bretton Woods Institutions and their role in the provision of global public goods: Focusing on International Monetary Stability, the role of International Economic Law, and the Global Financial Architecture: Towards a Strengthened Institutional Framework for Global Financial Stability?
Abstract: Contents: Introduction 1. International Monetary Stability and Global Financial Stability as Global Public Goods and the Role of International Economic Law 2. The Bretton Woods Institutions and their Role in the Provision of Global Public Goods: Focusing on International Monetary Stability 3. The Global Financial Architecture: Towards a Strengthened Institutional Framework for Global Financial Stability? 4. Exchange Restrictions and Capital Controls under the IMF Legal Framework 5. Exchange Restrictions and Capital Controls under the WTO Legal Framework 6. Exchange Restrictions and Capital Controls in International Investment Law 7. Exchange Rate Manipulation in International Economic Law Index
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Book•
04 Dec 2014
74 citations
01 Jan 2014
TL;DR: Cottier et al. as discussed by the authors presented an overview of the legal foundations and evolution of the International Monetary System and the role of central banks in monetary and financial governance. But they did not consider the impact of sovereign debt on EU monetary policy.
Abstract: 1. Introduction and overview Thomas Cottier, Rosa M. Lastra, Lucia Satragno and Christian Tietje Part I. Legal Foundations and Evolution of the International Monetary System: 2. The role of law in monetary affairs: taking stock Christian Tietje 3. The international monetary and financial architecture - some institutional aspects Mario Giovanoli 4. The role of central banks in monetary affairs: a comparative perspective Rosa M. Lastra 5. Monetary union and the law: some comments Jean-Victor Louis Part II. Specific Policy Issues in Monetary Affairs: 6. Global governance of international competitiveness spillovers Bernard Hoekman 7. Global benchmark interest rates: conflicting objectives and increasing hybridization Claus D. Zimmermann 8. Credit rating agencies: regulation and financial stability Iain Macneil 9. Monitoring and surveillance at the international monetary system: what can be learnt from the trade field? Nadia Rendak 10. The impact of sovereign debt on EU monetary affairs Annamaria Viterbo 11. Taxation in times of austerity: a question of political economy Isabel Feichtner Part III. The Interaction between WTO Law and Monetary Affairs: 12. Towards an equitable integration of monetary and financial matters, trade and sustainable development Robert Howse 13. Trade imbalances and multilateral trade cooperation Juan Marchetti, Michele Ruta and Robert Teh 14. The WTO dispute settlement mechanism in matters involving exchanges rates and trade Gabrielle Z. Marceau and John J. Maughan 15. Monetary affairs in the WTO Trade Policy Review Mathias Kende Part IV. The Quest for Law in Monetary Policy: 16. The potential of law and legal methodology in monetary affairs Thomas Cottier and Lucia Satragno 17. Framework of analysis: towards multilayered governance in monetary affairs Ernst-Ulrich Petersmann 18. Transparency and monetary affairs Christine Kaufmann and Rolf H. Weber 19. Human rights and austerity programmes Markus Krajewski 20. International economic law and macro-prudential regulation Kern Alexander 21. Relationship between monetary policy and exchange rate policy Francois Gianviti 22. Monetary policy measures in investment law: the uneasy relationship between monetary stability and investment protection Federico Lupo Pasini.
16 citations
Dissertation•
01 Jan 2015
TL;DR: In this article, the authors assess the ASEAN Comprehensive Investment Agreement (ACIA) in the light of international practice, and they find that the "ASEAN Way" of consensus and flexibility remains, even though the region has become the AEC with rules and institutions.
Abstract: This thesis assesses the new ASEAN Comprehensive Investment Agreement (ACIA) in the light of international practice. Investment protection is at the heart of this investment regime. Considering the ACIA as a tool of regional integration, its structure and contents demonstrate its ultimate objective of attracting intra-ASEAN investment flows for the realisation of a single market and production base under the ASEAN Economic Community (AEC). Analysis focuses on the specific elements of the ACIA and how they balance two contradictory interests, i.e. the protection of ASEAN investors and the sovereignty of ASEAN Member States to regulate investments in their territory.
Tracking the solutions and innovations of substantial and procedural provisions introduced by the ACIA, it is found that the “ASEAN Way” of consensus and flexibility remains, even though ASEAN has become the AEC with rules and institutions. This general ASEAN Way is specifically reflected in the “ASEAN Way of Investment Protection”. Given the ASEAN-specific context, the ACIA shows a unique balance of States’ and investors’ interests which differs from that of international investment agreements of other regional integration initiatives. While the ACIA aims to protect ASEAN investors, it attempts to respect the sovereignty of ASEAN Member States, by giving more policy space to regulate for public purposes.
From these findings, recommendations are offered to improve the ASEAN investment regime. The understanding of the “ASEAN Way of investment protection” may help interpretation and application of investment protection standards of the ACIA, as well as the other existing investment agreements. The ACIA may also serve as a platform for negotiations of future ASEAN investment agreements.
14 citations
Cites background from "International Economic Law and Mone..."
...469 Viterbo, A. (2012), International Economic Law and Monetary Measures: Limitations to States’ Sovereignty and Dispute settlement, Northampton, MA, Edward Elgar Pub, p....
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TL;DR: In this paper, the compatibility of EU anti-crisis measures with some key elements of the EU legal system is examined, focusing on the financial assistance programmes devised to rescue some EU Member States that, due to their unsustainably high public debts, came under severe pressure from the financial markets.
Abstract: This paper looks at the compatibility of EU anti-crisis measures with some key elements of the EU legal system. In particular, it focuses on the financial assistance programmes devised to rescue some EU Member States that, due to their unsustainably high public debts, came under severe pressure from the financial markets. In all these cases, recipient States have been invariably required to adopt draconian austerity measures in order to have access to the financial help. This paper argues that some of the conditions attached to the assistance packages raise doubts as to their compatibility with a number of basic social principles and objectives that represent the foundations of the EU social dimension. This is the case with regard to the social objectives enshrined in the Treaties, the allocation of competences between the EU and Member States in the social field and, lastly, some of the social rights contained in the Charter of Fundamental Rights.
13 citations
01 Jan 2012
TL;DR: The authors argue that such concerns are largely justified, and offer remedies to make the trading system more compatible with the proper regulation of global finance, and propose a policy brief arguing that these concerns can be largely justified.
Abstract: The global financial crisis has re-confirmed the need to regulate cross-border finance. As this consensus has emerged, some policymakers and academics have expressed concern that many nations may not have the flexibility to adequately deploy such regulations because of trade and investment treaties they are party to. This policy brief argues that such concerns are largely justified, and offers remedies to make the trading system more compatible with the proper regulation of global finance.
5 citations