IMF对跨境资本流动监管的法律研究

Legal Research on IMF's Regulation of Cross-border Capital Flows

近年来,IMF以帮助成员国监管资本流动作为其后金融危机时代的主要工作目标,积极致力于全球跨境资本流动监管。但是目前其正面临一系列挑战,如成员国基于国际贸易与投资协定承担潜在冲突性义务、IMF对资本流动的监管权具有不确定性,IMF磋商性监管模式存在固有缺陷等。因此,IMF监管成员国跨境资本流动是对其在后金融危机时代促进全球金融稳定能力的严峻考验。

In recent years, IMF has taken it as its primary target to help member states regulate capital flows after the financial crisis and has actively committed to the global cross-border capital flow regulation. However, IMF faced a sery of challenges, for example, member states took potential conflict responsibilities in accordance with international trades and investment agreements, IMF has uncertainty about its supervision power of capital flows, the negotiation supervison schema of IMF has inherit defects. So, IMF＇s regulation of global cross-border capital flows is a severe test of its ability to promote global financial stability in the post financial crisis era.