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The global financial crisis and subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by economics, without much room being left to substantive law. Based on the 2012 World Trade Forum, this volume brings together leading scholars, practitioners and policy makers in international economic law in order to examine the potential of law and legal methodology to contribute to international monetary stability. It explores the links between and lessons to be learnt from existing international investment and trading systems and studies some specific policy issues which have a direct impact on monetary affairs, such as exchange rate policy, sovereign debt, taxation, competitiveness, trade imbalances, austerity programmes and human rights.
Thomas Cottier is Managing Director of the World Trade Institute and Professor of European and International Economic Law at the University of Bern, Switzerland. Rosa M. Lastra is Professor in International Financial and Monetary Law at the Centre for Commercial Law Studies, Queen Mary, University of London. Christian Tietje is Professor of International Economic Law, Director Institute of Economic Law and Director of the Transnational Economic Law Research Center at the Law School, University Halle, Germany. Lucia Satragno is a Research Fellow at the World Trade Institute, University of Bern.
1. Introduction and overview Thomas Cottier, Rosa M. Lastra, Lucia Satragno and Christian Tietje; Part I. Legal Foundations and Evolution of the International Monetary System: 2. The role of law in monetary affairs: taking stock Christian Tietje; 3. The international monetary and financial architecture - some institutional aspects Mario Giovanoli; 4. The role of central banks in monetary affairs: a comparative perspective Rosa M. Lastra; 5. Monetary union and the law: some comments Jean-Victor Louis; Part II. Specific Policy Issues in Monetary Affairs: 6. Global governance of international competitiveness spillovers Bernard Hoekman; 7. Global benchmark interest rates: conflicting objectives and increasing hybridization Claus D. Zimmermann; 8. Credit rating agencies: regulation and financial stability Iain Macneil; 9. Monitoring and surveillance at the international monetary system: what can be learnt from the trade field? Nadia Rendak; 10. The impact of sovereign debt on EU monetary affairs Annamaria Viterbo; 11. Taxation in times of austerity: a question of political economy Isabel Feichtner; Part III. The Interaction between WTO Law and Monetary Affairs: 12. Towards an equitable integration of monetary and financial matters, trade and sustainable development Robert Howse; 13. Trade imbalances and multilateral trade cooperation Juan Marchetti, Michele Ruta and Robert Teh; 14. The WTO dispute settlement mechanism in matters involving exchanges rates and trade Gabrielle Z. Marceau and John J. Maughan; 15. Monetary affairs in the WTO Trade Policy Review Mathias Kende; Part IV. The Quest for Law in Monetary Policy: 16. The potential of law and legal methodology in monetary affairs Thomas Cottier and Lucia Satragno; 17. Framework of analysis: towards multilayered governance in monetary affairs Ernst-Ulrich Petersmann; 18. Transparency and monetary affairs Christine Kaufmann and Rolf H. Weber; 19. Human rights and austerity programmes Markus Krajewski; 20. International economic law and macro-prudential regulation Kern Alexander; 21. Relationship between monetary policy and exchange rate policy Francois Gianviti; 22. Monetary policy measures in investment law: the uneasy relationship between monetary stability and investment protection Federico Lupo Pasini.
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