The President of the International Court of Justice has been prescribed (Section 23 of the Fund’s By-Laws).

Article XII, Section 5: “Voting.—(a) Each member shall have two hundred fifty votes plus one additional vote for each part of its quota equivalent to one hundred thousand United States dollars.

(b) Whenever voting is required under Article V, Section 4 or 5, each member shall have the number of votes to which it is entitled under (a) above, adjusted

• (i) by the addition of one vote for the equivalent of each four hundred thousand United States dollars of net sales of its currency up to the date when the vote is taken, or

• (ii) by the subtraction of one vote for the equivalent of each four hundred thousand United States dollars of its net purchases of the currencies of other members up to the date when the vote is taken;

provided, that neither net purchases nor net sales shall be deemed at any time to exceed an amount equal to the quota of the member involved.

(c) For the purpose of all computations under this Section, United States dollars shall be deemed to be of the weight and fineness in effect on July 1, 1944, adjusted for any uniform change under Article IV, Section 7, if a waiver is made under Section 8 (d) of that Article.

(d) Except as otherwise specifically provided, all decisions of the Fund shall be made by a majority of the votes cast.”

Proceedings and Documents of the United Nations Monetary and Financial Conference (U.S. Department of State Publication 2866, International Organization and Conference Series I, 3, hereinafter referred to as Proceedings and Documents), Document 255, p. 428.

The Bank has a similar power of interpretation in Article IX of its charter.

See Resolution No. 5, Selected Documents, Board of Governors Inaugural Meeting, 1946, p. 19.

Selected Decisions of the Executive Directors and Selected Documents (Washington, Third Issue, January 1965; hereinafter cited as Selected Decisions), p. 17.

Public Law 171, 79th Congress, 1st Session, 59 Stat. 512 (1945).

Resolution No. 7, Selected Documents, Board of Governors Inaugural Meeting, 1946, p. 20. See also pp. 26-27.

International Monetary Fund, First Annual Meeting of the Board of Governors, Report of the Executive Directors and Summary Proceedings, September 27 to October 3, 1946, p. 107; Selected Decisions, p. 95.

Selected Decisions, pp. 73-74.

The National Advisory Council was established by Section 4 of the U.S. Bretton Woods Agreements Act to coordinate the policies and operations of the U.S. representatives on the Fund and Bank and of all agencies of the U.S. Government that make or participate in making foreign loans or that engage in foreign financial, exchange, or monetary transactions.

Selected Decisions, pp. 93-94.

Selected Decisions, pp. 112-16.

Selected Decisions, pp. 112-14.

Selected Decisions, p. 116.

Selected Decisions, p. 20. Sales of a member’s currency have the same effect as repurchases by it.

“The Fund may require members to furnish it with such information as it deems necessary for its operations, including as the minimum necessary for the effective discharge of the Fund’s duties, national data on the following matters: (i) … (xii)….”

“… Five years after the date on which the Fund begins operations, and in each year thereafter, any member still retaining any restrictions inconsistent with Article VIII, Sections 2, 3, or 4, shall consult the Fund as to their further retention….”

Much material relating to the case will be found in International Monetary Fund, Summary Proceedings of the Ninth Annual Meeting of the Board of Governors (1954), pp. 97-101, 112-14, 121-22, and 135-80.

In a few instances, the decisions state that they are adopted as interpretations (even though they are not under Article XVIII). See Selected Decisions, pp. 2, 6, and 52. The reference to interpretation occurs in these cases in order to avoid any impression that the decision is an expression of policy. They do not differ in effect from other decisions of an interpretative character which do not state that they are interpretations. The reader of Selected Decisions should also note that some of the decisions which obviously are mainly declarations of policy may include a sentence or two resolving a legal problem, often one that had to be disposed of before agreement could be reached on the policy. See, for example, the sentence beginning at the bottom of page 81, for the significance of which see Gold, The International Monetary Fund and Private Business Transactions: Some Legal Effects of the Articles of Agreement, International Monetary Fund, Pamphlet Series No. 3 (Washington, 1965), pp. 9-11.

International Monetary Fund, Annual Report, 1951, p. 40.

International Monetary Fund, Annual Report, 1965, pp. 124-28, and International Financial News Survey, Vol. XVII (1965), pp. 85-88.

Rule A-l of the Rules and Regulations (Twenty-sixth issue, August 10, 1966). The By-Laws of the Board of Governors and the Rules and Regulations of the Executive Directors are adopted under Article XII, Section 2(g): “The Board of Governors, and the Executive Directors to the extent authorized, may adopt such rules and regulations as may be necessary or appropriate to conduct the business of the Fund.”

12 N.Y.2d 371, 190 N.E.2d, 235, 239 N.Y.S.2d 872 (1963); Gold, “The Fund Agreement in the Courts—VIII,” Staff Papers, Vol. XI (1964), pp. 468-73.

Gold, “The Fund Agreement in the Courts—VIII,” Staff Papers, Vol. XI (1964), pp. 459-60; Gold, The Fund Agreement in the Courts, International Monetary Fund (Washington, 1962, hereinafter referred to as Gold (1962), op. cit.), p. 146.

See footnote 3, above.

See, for example, Gold (1962), op. cit., p. 33.

Bretton Woods Agreements Act, Hearings, 79th Congress, 1st Session, on H.R. 3314 (Washington, 1945).

Bretton Woods Agreements Act, Hearings, 79th Congress, 1st Session, on H.R. 2211 (Washington, 1945).

See, for example, Gold, The Fund and Non-Member States: Some Legal Effects, International Monetary Fund, Pamphlet Series No. 7 (Washington, 1966), pp. 8-9.

Proceedings and Documents, pp. 1629-36.

H. Lauterpacht, Private Law Sources and Analogies of International Law (London, 1927).

“Waiver of conditions.—The Fund may in its discretion, and on terms which safeguard its interests, waive any of the conditions prescribed in Section 3(a) of this Article, especially in the case of members with a record of avoiding large or continuous use of the Fund’s resources. In making a waiver it shall take into consideration periodic or exceptional requirements of the member requesting the waiver. The Fund shall also take into consideration a member’s willingness to pledge as collateral security gold, silver, securities, or other acceptable assets having a value sufficient in the opinion of the Fund to protect its interests and may require as a condition of waiver the pledge of such collateral security” (Article V, Section 4).

See Case Concerning the Factory at Chorzów (Claim for Indemnity) (The Merits), P.C.I.J. Series A, No. 17 (September 13, 1928).

Selected Decisions, pp. 44-48.

“Each member shall pay in gold, as a minimum, the smaller of

• (i) twenty-five percent of its quota; or

• (ii) ten percent of its net official holdings of gold and United States dollars as at the date when the Fund notifies members under Article XX, Section 4(a) that it will shortly be in a position to begin exchange transactions.

Each member shall furnish to the Fund the data necessary to determine its net official holdings of gold and United States dollars” (Article III, Section 3(b)).

“Payments when quotas are changed.—(a) Each member which consents to an increase in its quota shall, within thirty days after the date of its consent, pay to the Fund twenty-five percent of the increase in gold and the balance in its own currency. If, however, on the date when the member consents to an increase, its monetary reserves are less than its new quota, the Fund may reduce the proportion of the increase to be paid in gold” (Article III, Section 4(a)).

Subject to the power of the Fund to reduce this amount if the member’s monetary reserves are below the level of its new quota on the date when the member consents to the increase. In practice, the Fund has never reduced the amount of the gold subscription payable in respect of a quota increase.

Selected Decisions, p. 6.

It can hardly be doubted that these are now doctrines of international law. See the many references to and discussions of them in C. W. Jenks, The Prospects of International Adjudication (London, 1964). There was less international authority on which to base this conclusion in 1950, and more weight had to rest at that time on private law sources and analogies.

J. A. Andrews, “Estoppels against Statutes,” The Modern Law Review, Vol. 29 (London, 1966), pp. 1-15.

McNair, The Law of Treaties (Oxford, 1961), fn. 2, p. 487. Lord McNair refers to his dictum in International Status of South-West Africa, [1950] I.C.J., p. 148: “To what extent is it useful or necessary to examine what may at first sight appear to be relevant analogies in private law systems and draw help and inspiration from them? International law has recruited and continues to recruit many of its rules and institutions from private systems of law. Article 38 (I) (c) of the Statute of the Court bears witness that this process is still active, and it will be noted that this article authorizes the Court to ‘apply … (c) the general principles of law recognized by civilized nations’. The way in which international law borrows from this source is not by means of importing private law institutions lock, stock and barrel’, ready-made and fully equipped with a set of rules. It would be difficult to reconcile such a process with the application of ‘the general principles of law’.” See also Case Concerning The Temple of Preah Vihear, [1962] I.C.J., particularly at p. 62.

On this basis, the case can be said to resemble estoppel per rem judi-catam, on which see J. A. Andrews, op. cit., pp. 8-15.

International Monetary Fund, First Annual Meeting of the Board of Governors, Report of the Executive Directors and Summary Proceedings, September 27 to October 3, 1946, Appendix C, p. 106.

This is not the only provision under which some use of the Fund’s resources for capital transfers seems to be contemplated. See, for example, Article VIII, Section 4(a)(ii).

International Monetary Fund, Summary Proceedings of the Sixteenth Annual Meeting of the Board of Governors (1961), p. 26.

International Monetary Fund, Annual Report, 1961, p. 18; 1962, pp. 32-33.

Cf. E. Lauterpacht, “The Legal Effect of Illegal Acts of International Organisations,” Cambridge Essays in International Law: Essays in Honour of Lord McNair (London, 1965), pp. 88-121.

U.S. National Advisory Council on International Monetary and Financial Problems, Eighth Special Report to the President and to the Congress, April 1960-March 1962 (Washington, 1963), p. 12.

But note that Article XII, Section 2(b)(viii), speaks of “appeals” in describing questions “referred” to the Board of Governors under Article XVIII (b).

Article 60 of the Statute of the Court. See also S. Rosenne, The International Court of Justice (Leyden, 1957), pp. 330-31 and 468-73.

International Bank for Reconstruction and Development and Inter-national Monetary Fund v. All America Cables and Radio, Inc., The Commercial Cable Company, Mackay Radio & Telegraph Company, Inc., R.C.A. Communications, Inc., The Western Union Telegraph Company, F.C.C. Docket No. 9362, 8 RR 927 (1953).

The case is discussed in terms of the Fund and the Fund’s charter, but the same question arose under the charter of the IBRD, and the two organizations were associated as complainants. The discussion should thus be understood to apply equally to the IBRD.

Section 13 has been quoted above. Section 12 called for an interpretation of the charter of the IBRD.

F.C.C. Decision, para. 3 of Conclusions, 8 RR 927, at 944.

F.C.C. Decision, para. 5 of Conclusions, 8 RR 927, at 945.

F.C.C. Decision, para. 14 of Conclusions, 8 RR 927, at 951.

F.C.C. Decision, para. 10 of Conclusions, 8 RR 927, at 948.

F.C.C. Decision, para. 16 of Conclusions, 8 RR 927, at 951-53.

173 N.Y.S.2d 509 (1958); Gold (1962), op. cit., pp. 97-100.

On appeal, it was held that the plaintiff could succeed because its claim was based on a contract severable from the one tainted by violation of the Italian exchange control legislation. 178 N.Y.S.2d 1019 (1958); 190 N.Y.S.2d 352 (1959); 80 S.Ct. 198, 361 U.S. 895 (1959); Gold (1962), op. cit., pp. 102-108.

12 N.Y.2d 371, 190 N.E.2d 235, 239 N.Y.S.2d 872 (1963); Gold, “The Fund Agreement in the Courts—VIII,” Staff Papers, Vol. XI (1964), pp. 468-76.

154 So.2d 450 (1963).

161 So.2d 70 (1964).

Pasicrisie Luxembourgeoise (1957), pp. 36-39; Gold (1962), op. cit., pp. 94-96.

“The ruling has probably no legal effect in England, but it merely expresses what is obvious and an English court will be able to give effect to it without relying upon it” (F. A. Mann, “The Private International Law of Exchange Control under the International Monetary Fund Agreement,” The International and Comparative Law Quarterly, Vol. 2 (London, 1953), fn. 37, p. 104).

The Bretton Woods Agreements Order in Council, S.R. & O. 1946, No. 36, pursuant to the Bretton Woods Agreements Act, 1945 (9 & 10 Geo. 6, c. 19).

Kahler v. Midland Bank, Ltd. [1948] 1 All E.R. 811, 819.

See Russell J. in Stoeck v. Public Trustee [1921] 2 Ch. 67, 71 (cited by Dr. Mann in footnote 16, page 100, in the article referred to in footnote 67, above: “… a suggestion was made by the Solicitor-General that the court should be reluctant to construe, and indeed should in the exercise of some discretion refrain from construing, an international document such as the Treaty of Peace, executed between high contracting parties and capable of alteration of interpretation at their hands. I do not appreciate this contention. I apprehend it is the right of a litigant to assert before the Courts of this country, and the duty of those Courts to adjudicate upon, claims founded upon a consideration of the municipal law of this country, and not the less so because the law involved has been derived from, and has been enacted for the purpose of giving effect to, certain provisions of a document of an international character.”

[1966] 3 W.L.R. 1285.

Richard R. Paradise, “Cuban Refugee Insureds and the Articles of Agreement of the International Monetary Fund,” University of Florida Law Review, Vol. 18 (1965), pp. 29-77, particularly at pp. 72-74.

See Gold, The Cuban Insurance Cases and the Articles of the Fund, International Monetary Fund, Pamphlet Series No. 8 (Washington, 1966).

“Subject to the provisions of Article VII, Section 3(b), and Article XIV, Section 2, no member shall, without the approval of the Fund, impose restrictions on the making of payments and transfers for current international transactions” (Article VIII, Section 2(a)).

“Controls of capital transfers.—Members may exercise such controls as are necessary to regulate international capital movements, but no member may exercise these controls in a manner which will restrict payments for current transactions or which will unduly delay transfers of funds in settlement of commitments, except as provided in Article VII, Section 3(b), and in Article XIV, Section 2” (Article VI, Section 3).

de Sayve v. de la Valdene, 124 N.Y.S.2d 143 (1953), discussed in Gold (1962), op. cit., p. 74.

[1952] I.C.J., pp. 176-233.

Article VII, Section 3. “Scarcity of the Fund’s holdings.—(a) If it becomes evident to the Fund that the demand for a member’s currency seriously threatens the Fund’s ability to supply that currency, the Fund, whether or not it has issued a report under Section 1 of this Article, shall formally declare such currency scarce and shall thenceforth apportion its existing and accruing supply of the scarce currency with due regard to the relative needs of members, the general international economic situation, and any other pertinent considerations. The Fund shall also issue a report concerning its action.

(b) A formal declaration under (a) above shall operate as an authorization to any member, after consultation with the Fund, temporarily to impose limitations on the freedom of exchange operations in the scarce currency. Subject to the provisions of Article IV, Sections 3 and 4, the member shall have complete jurisdiction in determining the nature of such limitations, but they shall be no more restrictive than is necessary to limit the demand for the scarce currency to the supply held by, or accruing to, the member in question; and they shall be relaxed and removed as rapidly as conditions permit.

(c) The authorization under (b) above shall expire whenever the Fund formally declares the currency in question to be no longer scarce.”

International Monetary Fund, Annual Report, 1948, Appendix IV, pp. 74-75.

Case Concerning Rights of Nationals of the United States of America in Morocco, I.C.J. Pleadings, Vol. II, p. 261.

Ibid., pp. 200, 205, 308, and 309.

“1. Only States may be parties in cases before the Court.

2. The Court, subject to and in conformity with its Rules, may request of public international organizations information relevant to cases before it, and shall receive such information presented by such organizations on their own initiative.

3. Whenever the construction of the constituent instrument of a public international organization or of an international convention adopted thereunder is in question in a case before the Court, the Registrar shall so notify the public international organization concerned and shall communicate to it copies of all the written proceedings.” See also Articles 62 and 63.

Rosenne, op. cit., p. 241.

Ibid., at p. 242.

See footnote 24, above.

Cf. Article XII, Section 2(b).

“Measures to replenish the Fund’s holdings of scarce currencies.— The Fund may, if it deems such action appropriate to replenish its holdings of any member’s currency, take either or both of the following steps:

• (i) Propose to the member that, on terms and conditions agreed between the Fund and the member, the latter lend its currency to the Fund or that, with the approval of the member, the Fund borrow such currency from some other source either within or outside the territories of the member, but no member shall be under any obligation to make such loans to the Fund or to approve the borrowing of its currency by the Fund from any other source.

• (ii) Require the member to sell its currency to the Fund for gold”

(Article VII, Section 2).

United States, Deutsche Bundesbank, United Kingdom, France, Italy, Japan, Canada, Netherlands, Belgium, Sveriges Riksbank.

Article XVII.

Selected Decisions, pp. 67-68.

Gold, The Fund and Non-Member States: Some Legal Effects, International Monetary Fund, Pamphlet Series No. 7 (Washington, 1966), pp. 33-37.

Selected Decisions, pp. 69-72.

Gold, “The Law and Practice of the International Monetary Fund with Respect to ‘Stand-By Arrangements’,” The International and Com-parative Law Quarterly, Vol. 12 (London, 1963), pp. 1-30.

Gold, The International Monetary Fund and International Law: An Introduction, International Monetary Fund, Pamphlet Series No. 4 (Washington, 1965), pp. 25-26.

There shall be no formal voting in committees and subcommittees. The Chairman of the committee or subcommittee shall determine the sense of the meeting (including alternative points of view) which shall be reported” (Rule C-ll of the Rules and Regulations, which applies to the Executive Directors).