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3 - Shifting the IMF Mandate

from Part II - The IMF, Capital Flows and Controls

Published online by Cambridge University Press:  18 May 2023

Bryan Mercurio
Affiliation:
The Chinese University of Hong Kong
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Summary

In the absence of an international framework applicable to cross-border capital flows, there is little doubt that the Fund had to assert its authority over capital movements. Without the Fund, a legal lacuna would exist and financial movements would go largely unregulated. Yet, it is less certain whether the Fund ever had the formal legal authority to empower itself to act as a de facto financial authority. A strict reading of the Articles of Agreement suggests that the Fund historically had no mandate over capital movements. Yet, several decades ago the Fund began slowly but steadily appropriating and assuming authority over capital movements. This chapter explores the legal instruments used by the Fund to organise the shift and expansion of its mandate. The chapter makes two major points. First, while the Fund grounded its mandate expansion on the text and wording of the Articles of Agreement, it relied on an Article IV byroad to interpret its constitutive instrument to escape the historical distinction between capital movements and current international transactions. Second, the Fund’s Institutional View of 2012 was not a radical break from tradition but merely a formalization and crystallisation of the ideas and direction it has pursued since 2008.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Shifting the IMF Mandate
  • Bryan Mercurio, The Chinese University of Hong Kong
  • Book: Capital Controls and International Economic Law
  • Online publication: 18 May 2023
  • Chapter DOI: https://doi.org/10.1017/9781009042215.007
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  • Shifting the IMF Mandate
  • Bryan Mercurio, The Chinese University of Hong Kong
  • Book: Capital Controls and International Economic Law
  • Online publication: 18 May 2023
  • Chapter DOI: https://doi.org/10.1017/9781009042215.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Shifting the IMF Mandate
  • Bryan Mercurio, The Chinese University of Hong Kong
  • Book: Capital Controls and International Economic Law
  • Online publication: 18 May 2023
  • Chapter DOI: https://doi.org/10.1017/9781009042215.007
Available formats
×