Interpretation:The IMF and International Law PDF Download

Author: Joseph Gold
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 694

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Book Description
This work concentrates largely on the practice of the IMF in matters of interpretation. The work shows that the motive for resorting to interpretation is not always the obscurity or ambiguity of texts. Other considerations may be taken into account, such as demonstrating that consensus or broad agreement exists on a particular decision. The motive for an interpretative decision may be to prevent the appearance of dictation by one class of members to another class. A similar motive helps to explain why special majorities of the total voting power of all members are required by the treaty for specified categories of decisions.

Author: Daniel D. Bradlow
Publisher: Kluwer Law International B.V.
ISBN: 9041128816
Category : Business & Economics
Languages : en
Pages : 442

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Book Description
The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors - whose work spans the academic, policy, and activist spectrum - suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.

Author: Joseph Gold
Publisher:
ISBN:
Category : International finance
Languages : en
Pages : 68

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Book Description

Author: Sigrun Skogly
Publisher: Routledge
ISBN: 1135338817
Category : Law
Languages : en
Pages : 232

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Book Description
This book explores the human rights obligations of two of the largest international financial institutions,namely, the World Bank and the International Monetary Fund. Based on international legal methodology, this book addresses these two institutions in public international law, and assesses the extent to which international law provides foundations for obligations in the field of human rights. This book analyses any possible obligations related to the effect of the two institutions own programmes and projects. The core of this analysis is focused on the two institutions international legal personality, and addresses their relationship to international law as legal subjects, rather than as a collectivity of states with international legal personality. Building on the traditional sources of international law, such as customary international law, general principles of international law and treaty law, the book concludes that the two institutions are under an obligation to respect human rights in their operations. This implies that they will break their obligations if they make the human rights situation worse as a result of their programmes or projects. It also concludes that the World Bank and the IMF are not under obligations to promote or fulfil human rights, but that they may legitimately do so if they can do it within their Articles of Agreement (the treaties establishing the institutions). The book also looks at the practical implications of the obligation to respect, which involves both substantial and procedural obligations. These obligations will, even if limited in their scope, imply that the two institutions need to include human rights checks in the planning, implementation and evaluation stages of projects and programmes. The final part of the book looks at redress possibilities in situations where either of the two institutions may be in breach of their human rights obligations.

Author: Joseph Gold (Economiste.)
Publisher:
ISBN: 9781451939118
Category :
Languages : en
Pages : 68

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Book Description
This paper discusses the power of interpretation conferred upon the IMF by Articles of Agreement. The power of interpretation is an internal one in the sense that at no stage of the interpretative process is there any recourse to an agency external to the IMF itself. Moreover, no special organ of the IMF itself has been created for the purpose of exercising this power. It is exercised by the same organs of the IMF-the Executive Directors and the Board of Governors-that exercise most of the other powers of the institution.

Author: Christopher C. Joyner
Publisher: Cambridge University Press
ISBN: 9780521586597
Category : Business & Economics
Languages : en
Pages : 510

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Book Description
This volume provides students and scholars with a text that examines, explains, and appraises contributions made by the United Nations to contemporary international law and the law-creating process. The authors consider how UN institutions have made the law, what law has been made, and the extent to which that law has been meaningfully accepted by and evidenced in contemporary state practice. The study first deals with processes and measures that cut across law-making, covering practical as well as conceptual aspects. Then the substantive law is addressed in terms of the different fields of activity that the United Nations has made subject to legal rules and processes. Some chapters cover prominent areas, such as human rights, use of force, and economic relations; others deal with topics which have not previously been examined with sufficient care, such as labor, the environment, refugees, and women. The book's final section deals with the internal law of the UN system itself - the international civil services and financial contributions.

Author: Rutsel Silvestre J Martha
Publisher: Oxford University Press
ISBN: 0191055956
Category : Law
Languages : en
Pages : 657

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Book Description
This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligation created and governed by public international law. Legal globalization has given rise to a number of financial issues in international law in areas as diverse as development financing, investment protection, compensation of human rights victims, and sovereign debt crises. The claims resulting from the proliferation of financial activity are not limited to those primarily involving financial obligation (e.g. loans and grants) but include secondary obligation resulting from the law on international responsibility. Among the many instances of financial obligation covered in this study, the reader will find inter-State financial transactions, inter-State sale of goods, transnational services such as telecommunications and post, the financial operations of multilateral institutions, loans, grants and guarantees provided by the various international financial institutions, certain financial relations between non-State actors (including natural persons) and States, intergovernmental organizations or other international legal actors, and government loans to international organizations. Rich in historical detail and systematic in its coverage of contemporary law, this book will be valued by all practitioners and scholars with an interest in the nature of international financial obligation.

Author: Mac Darrow
Publisher: Bloomsbury Publishing
ISBN: 1847310346
Category : Law
Languages : en
Pages : 370

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Book Description
Much has been written on the human rights relevance and impacts of the policies and activities of the World Bank and IMF --or International Financial Institutions (IFIs). However while many of the human rights-based critiques of the Bank and Fund purport to link broadly defined reforms with obligations under international human rights law,rarely has this been carried out through a rigorous and in-depth application of international legal rules governing the proper interpretation of the institutions' mandates, and rarely have the policy consequences and practical possibilities for human rights integration been explored in any detail. These are the principal gaps that the present book aims to fill, by reference to a sample of the IFIs' most important and controversial contemporary activities.

Author: Erik Denters
Publisher:
ISBN: 9789041148759
Category : Financial institutions, International
Languages : en
Pages : 0

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Monetary Fund (IMF) provides substantial and readily accessible information for lawyers

Author: José E. Alvarez
Publisher: BRILL
ISBN: 9004328408
Category : Business & Economics
Languages : en
Pages : 488

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Book Description
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself. "A masterfully crafted piece of scholarship that engages with the very raison d’être of international organizations. Written by one of the leading authorities in the field, this book provides an insightful, perspicacious and to-the-point analysis of the impact of international organizations in today’s international legal order while also shedding light on their weaknesses. A must read for all those whose work touches upon the law of international organization." ~Laurence Boisson de Chazournes, University of Geneva "The role of Public International Law, rooted largely in decisions of or relating to international institutions, has been steadily, quietly re-shaping international economic relations and other links between states and regions for decades. There is no greater authority on international organizations within the American law community than Professor José Alvarez. This volume illuminates these trends as well as their limitations and vulnerabilities. It delivers a first-rate, incisive primer on the field." ~David M. Malone, Under-Secretary-General of the United Nations, Rector of the UN University