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The first 150 words of the full text of this article appear below. Key points
1. Introduction
The Asian and Russian financial crises in 1998 and the Argentineeconomic crisis of 2001 and the claims brought against some. . . [Full Text of this Article]
2. Development of international law on capital transfers
3. Analysis of capital transfer restrictions under modern investment treaties
Main approaches on capital transfers under investment treaties Application of the doctrine of necessity under international law to capital transfer measures Capital transfer restriction measures and indirect expropriation Other investment obligations, in particular fair and equitable treatment Transparency and the protection of legitimate expectations Freedom from coercion and harassment Procedural propriety Protection against arbitrariness: discrimination and ‘national treatment’ Good faith
4. Remedies and compensation
5. Conclusion
相似文献
- Capital liberalization was the norm of internationaleconomic relations until the Economic Depression of the 1930swhen exchange restrictions became an important instrument ofeconomic policy of many countries.
- The IMF Articles of Agreementwere the outcome of efforts by several countries to providean acceptable international legal framework that would minimizethe negative impact of exchange restrictions while at the sametime preserving the right of Member States to impose exchangerestrictions when faced with balance-of-payment problems.
- Thatposition is to a large extent maintained by most modern investmenttreaties although subject to heightened scrutiny by internationalarbitral tribunals under the disciplines of expropriation, nationaltreatment and fair and equitable treatment standards among othersin order to protect investors’ interests whilst safeguardinghost states, regulatory autonomy.
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