Analysis Of The Functions And Legal Status Of The Bank For International Settlements

The most obvious change after the second world war is that the internationalcommunities like UN are becoming the core of the international society, not just thenumber grows rapidly, function and influence also permeates gradually.This trendgave birth to the study of a new branch of international law-law of internationalorganizations.In the field of international financial organizations, the InternationalMonetary Fund, the World Bank and other international financial organizations aswell as the European Central Bank and other regional international financialorganizations have been sought after by researchers.However, as the world’s oldest international financial organization-Bank forInternational Settlements, in the domestic there’s few legal scholars interested.In1930,the Bank for International Settlements was established in Basel, Switzerland, as theheadquarter, and it plays an essential role in the international financial sector withfamous Bretton Woods institutions (the International Monetary Fund and the WorldBank) together, increasing attention has been given.Objectively speaking, foreign research achievements about the bank for internationalsettlements is impressive, but academic works from the perspective of internationallaw for this international financial organization is very few, especially in the domesticthere’s a blank piece of research.Taking law as the starting point for the analysis of international financialorganizations has always been the important method for the research for internationalfinancial organizations. Based on the significance of legal scholars must make our own voice in the research of the Bank for International Settlements. To fill the Lawshort board of study for Bank for International Settlements is the purpose of writingthis thesis.This thesis belongs to the filler selection which takes functions of the Bank forInternational Settlements and legal Status as the research object. from the perspectiveof the study of the law of international organizations which has not yet madesystematic study in the domestic.The overall thesis follows the structural arrangement of "one angle, two aspects"." oneangle" refers to the perspective of international organizations for study of the legalissues of the Bank for International Settlements."Two aspects" refers to taking thefunction and legal status as two sections of this study.Only understanding the functionof the bank for international settlements and the legal status, can we smoothlyparticipate in the organization,make our voice though it, protect our own nationalinterests and eventually achieve mutual benefit.It is important to have a thoroughstudy of the functions of the bank for international settlements and the legal status.The first chapter starts with the general overview of the Bank for InternationalSettlements,including its establishment and development of the legal foundation,pointing out that the Bank for International Settlements is an important worldwidespecialized intergovernmental international financial organizations,and has its owncharacteristics and plays an important role. According to work the Bank forInternational Settlements did Since the establishment, the second quarter summerisesup the four functional position, especially the Basel Committee on BankingSupervision has special operation mechanism in the field of making financialstandards.Legal personality of international organization determines its legal status.The firstquarter of second chapter firstly describes the theory of international legal personality of organization, then points out that the Bank for International Settlements has aseparate legal personality on the basis of relevant legal norms and practices of theBank for International Settlements,as well discusses the establishment of legalpersonality role and its significance.Then the second quarter analyses thecharacterization of the legal personality of the organization, including legaldocuments and international behavior ability. Privileges and immunities system of theBank for International Settlements has a very important significance in the legalsystem,the third quarter starts with theory of privileges and immunities then analysisthe entities,scope and limitation of legal system for privileges and immunities basedon " Headquarters Agreement",lastly affirms its features, but also points out thedeficiencies.The first quarter of the third chapter compares with the International MonetaryFund,the World Bank and the European Central Bank in the particularity of itscharacters based on the former two chapters.The second quarter analyses thelimitation in functions of the Bank for International Settlements and puts forwardpersonal suggestions from the perspective of China.