Dispute Settlement over Exchange Measures Affecting Trade and Investments: IMF, WTO, ICSID and Today's Relevance of Safeguard Clauses
Article from: TDM 1 (2009), in Intersections: Dissemblance or Convergence between International Trade and Investment Law
The purpose of this paper is to evaluate how exchange restrictions are treated within the IMF, WTO and ICSID legal systems, and the degree of consistency of interpretation. After a brief overview of the international system as envisioned after World War II (section 1) and of the various types of exchange measures (section 2), this research will first analyze how the IMF deals with exchange controls and restrictions (section 3). We will then examine the current legal aspects of the relationship between the monetary and trade systems, the GATT and GATS safeguard ...