ABSTRACT

Capital is an abstract idea. Following Karl Marx it is wealth that can be used to build up other wealth. However, for Treaty purposes it can be taken to mean the same as ‘money’. Therefore restrictions on the cross-border movement of cash, or international bank transfers, are clearly restrictions on the movement of capital. However, the concept goes beyond this. Just as rules about product packaging may inhibit the movement of goods, so rules about investment, or insurance or buying houses, might all inhibit flows of money from country to country. Therefore the scope of the free movement of capital is potentially broad. How broad it actually is now will be discussed below.