Money and more – Blog by Norbert Häring

Juan Carlos Boué: The World Bank Sausage Factory

13 December 2020 | Investor State Dispute Settlement, those special tribunals which foreign investors can use to sue a host government for alleged infringement on their rights, have drawn criticism for being one sided. Investors can sue governments, but not vice versa. Arbitration counsel Juan Carlos Boue describes a case, which drives this to the extreme. An investor drags a government in front of a tribunal because the government is suing the investor at regular courts.

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The ECB has quietly adopted a “cash strategy” – my interpretation

8 December 2020 |The European Central Bank (ECB) has quietly published a “cash strategy“ of the Eurosystem that the Governing Council had adopted already in early September. The commitment to cash seems half-hearted at best and suggests an internal struggle.

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Juan Carlos Boué: How a World Bank tribunal is plundering Pakistan

20 November 2020 | The special tribunals which allow potential or actual foreign investors to sue governments for infringements on their rights outside the regular courts are often the most criticized component of free trade agreements. Juan Carlos Boué gives an example in this guest comment, which makes it clear why this is so.

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The ECB would (not really) like to know your opinion on the digital euro – let them know

18 November 2020 | The European Central Bank (ECB) is currently asking citizens and (especially) the financial and tech industries how they would like to see the digital euro that the ECB is working on. In bad EU tradition, it is not asking whether we would like it at all. But the survey offers fields where you can tell them anyway.

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All the good things a digital euro could do – and all the bad things it will

10. 11. 2020 | Few other documents have been sent to me as often as the recent deliberations of the European Central Bank (ECB) on a digital euro. There is obviously a great deal of suspicion with regard to plans of a digital euro. The following analysis will try to answer the question if this suspicion is justified.

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Cash industry association ESTA contradicts EU Advocate General on the right to pay in cash

27. 10. 2020 | ESTA, the association of European cash management companies, has published a position paper contradicting the assessment of the EU Advocate General of my case before the European Court of Justice regarding the right to pay my broadcasting fee with the legal tender, cash.

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EU Advocate General sees obligation to accept cash for public entitities but also wide-rangig exceptions

October 2, 2020 | The EU Advocate General, who prepares decisions of the European Court of Justice, has established a fundamental obligation of public authorities to accept euro cash. At the same time, he has adopted the exceedingly creative anti-cash position of the EU Commission with regard to possible exceptions.

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