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This chapter argues that international monetary stability is an underprovided global public good under the current design of the International Monetary System. It proposes to apply the emerging doctrine of Common Concern of Humankind (Common Concern) as a methodological approach. This chapter starts by exploring the concept of monetary stability at the different levels of governance. It is followed by a description of the doctrine of Common Concern. It continues with an analysis of the three-dimensional approach proposed by this doctrine starting with the duty to cooperate in monetary affairs both from a top-down approach (international level of governance) and a bottom-up approach (central banking cooperation). The chapter continues by examining domestic obligations concerning monetary stability with an emphasis on the special role of the central banks and also by examining some cases of unilateral actions and issues of extraterritoriality in the pursuit of monetary stability. Lastly, it offers some remarks on the most controversial aspect of the doctrine that relates to securing compliance with the obligations that may emerge from an accepted Common Concern of international monetary stability.
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.
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