International Economic Law and Monetary Measures

International Economic Law and Monetary Measures

Limitations to States’ Sovereignty and Dispute Settlement

Elgar International Economic Law series

Annamaria Viterbo

The 2007–2010 global financial crisis re-opened the debate on the reform of the international monetary and financial system. This well-argued book demonstrates the strategic role of international economic law in ensuring international monetary stability and global financial stability.

Chapter 6: Exchange Restrictions and Capital Controls in International Investment Law

Annamaria Viterbo

Subjects: law - academic, international economic law, trade law


INTRODUCTION The freedom to transfer investment-related funds to and from the host State is at the core of international investment law.1 Foreigners should be allowed to transfer funds to the host country to On investment law and on many of the issues treated in this chapter see: Bishop, Raymond Doak, James Crawford and Michael Reisman (2005), Foreign Investment Disputes: Cases, Materials and Commentary, The Hague: Kluwer Law International; Dolzer, Rudolf and Christoph Schreuer (2008), Principles of International Investment Law, Oxford: Oxford University Press; Douglas, Zachary (2009), The International Law of Investment Claims, Cambridge: Cambridge University Press; Kahn, Philippe and Thomas Wälde (eds.) (2007), New Aspects of International Investment Law, Leiden: Martinus Nijhoff; Muchlinski, Peter, Federico Ortino and Christoph Schreuer (eds.) (2008), The Oxford Handbook of International Investment Law, Oxford: Oxford University Press; Newcombe, Andrew and Lluís Paradell (2009), Law and Practice of Investment Treaties: Standards of Treatment, The Hague: Kluwer Law International; Reinisch, August (2009), Recent Developments in International Investment Law, Paris: Pedone; Sacerdoti, Giorgio (1998), Bilateral Treaties and Multilateral Instruments of Investment Protection, in The Hague Academy of International Law, Recueil des Cours, vol. 269; Sacerdoti, Giorgio (2008), ‘The Proliferation of BITs: Conflicts of Treaties, Proceedings and Awards’ in Karl P. Sauvant (ed.), Appeals Mechanism in International Investment Disputes, Oxford: Oxford University Press, pp. 127–36; Salacuse, Jeswald (2010), The Law of Investment Treaties, Oxford: Oxford University Press; Schreuer, Christoph (2009), The ICSID Convention: A Commentary, Cambridge: Cambridge University Press; Schreuer, Christoph (2010), International Investment Law for...

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