Paliy Y. The Legal Status of the Agreements Conducted by International Monetary Fund and International Bank of Reconstruction and Development.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U003936

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

30-10-2009

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation deals with the complex comparative analysis of the legal status of the credit agreements of International Monetary Fund and International Bank for Reconstruction and Development. The historical grounds of the organizations foundation, their preliminary functional tasks are analyzed. Taking into account peculiarities of the organizations' legal capacity, the process of their activity, states membership and the process of decision making are considered. The legal contents of the financial instruments of IMF and IBRD are analyzed in the dissertation, their main elements, peculiarities, stages of conduction and conditions are described. The subjunctive characteristic of the IMF and IBRD agreements is stressed. The author explores the place of the IMF and IBRD loan agreements in the system of the international law sources, compares the legal nature of the IMF and IBRD acts, analyses the feature of these agreements execution and the process of sanctions application in case of the breach of obligations. On the basis of state practice, the application of various IMF and IBRD financial instruments in the international law are observed. The gaps in the internal legislation of two organizations which have the negative effect on the application of the agreements are disclosed in the provided research and at the same time the author suggests the ways of their avoidance.

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