MURAL - Maynooth University Research Archive Library



    The Legitimacy of Capital Controls during a retreat from Globalisation


    Mercurio, Bryan, Buckley, Ross and Fu, Jiangyuan (2021) The Legitimacy of Capital Controls during a retreat from Globalisation. International and Comparative Law Quarterly, 70 (1). pp. 59-101. ISSN 0020-5893

    [thumbnail of FU_the legit.pdf]
    Preview
    Text
    FU_the legit.pdf
    Available under License Creative Commons Attribution Non-commercial Share Alike.

    Download (591kB) | Preview

    Abstract

    Capital controls—measures taken to regulate the outflow or inflow of capital—are employed by governments to maintain financial stability and prevent or mitigate the effects of economic crises. For many decades capital controls were out of favour among economists and policymakers. Of late, however, they have become acceptable, if somewhat controversial, tools of financial policy, with the International Monetary Fund stating that ‘in certain circumstances, [capital controls] can be useful to support macroeconomic adjustment and safeguard financial stability’. Yet, little is known about the legality of capital controls under the various international treaties and rules of international organisations. This article introduces capital controls, traces their evolution over time, considers the success of short-term and long-term controls implemented in Chile, Malaysia, Iceland and China, and examines the consistency of selected controls with international rules and obligations. We suggest treaty language will be the critical factor in determining the legality of a particular capital control under a trade or investment agreement.
    Item Type: Article
    Keywords: public international law; international economic law; capital controls; Chile; Malaysia; China; Iceland;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 20005
    Identification Number: 10.1017/S0020589320000433
    Depositing User: Jiangyuan Fu
    Date Deposited: 17 Jun 2025 13:58
    Journal or Publication Title: International and Comparative Law Quarterly
    Publisher: Cambridge University Press
    Refereed: Yes
    Related URLs:
    URI: https://mural.maynoothuniversity.ie/id/eprint/20005
    Use Licence: This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

    Repository Staff Only (login required)

    Item control page
    Item control page

    Downloads

    Downloads per month over past year

    Origin of downloads