Capital Transfer Restrictions under Modern Investment Treaties

Abba Kolo and Thomas Wälde

in Standards of Investment Protection

Published in print September 2008 | ISBN: 9780199547432
Published online March 2012 | e-ISBN: 9780191701467 | DOI:
Capital Transfer Restrictions under Modern Investment Treaties

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This chapter examines the restrictions on capital transfer in modern investment treaties. It suggests that capital transfer restrictions have been used as a means of regulating foreign investment, however, the power of the host state to impose capital transfer restrictions is constrained by general international law and modern investment treaties in order to prevent or minimize abuse of the right, and protect the interests of foreign investors. It discusses the criteria used to evaluate the legality of exchange restriction measures.

Keywords: capital transfer; investment treaties; foreign investment; international law; exchange restriction; foreign investors

Chapter.  22353 words. 

Subjects: Public International Law

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