Challenges Ahead in International Economic Law (original) (raw)
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AN APPRAISAL OF THE NATURE AND SCOPE OF INTERNATIONAL ECONOMIC LAW: CHALLENGES AND NEW DEVELOPMENTS
International Economic Law comprises of legal studies with a broad collection of laws, regulations and customary practices regulating international trade and business between certain subjects in different nations. This includes the examination of both law and policy on multi-level terms as such private law, local law, national law and international law. It intends to create an understanding of business and economic relations across national frontiers. It expounds the legal problems that transactional economics brings to the fore and makes inquiries into its legal resolution thereof as well as the legal avenues for such resolution. It deals with world’s trade practices in the international sphere while including in them the knowledge and practices of established business touch and emerging practices. This paper seeks to make an overview of the scope and nature of laws that governs the economic relations of states, understanding the concepts, both philosophical and legal, definition of terms and its practical usage and legal framework for international economic law. While examining the legal framework, the sources of international economic law is equally discussed vis-à-vis the impact each source has had on the legal regime of World Economies.
General International Economic Law: Theory and Fundamental Concepts (ISBN 978-0-415-54327-9)
Routledge: Edited and with a new introduction by Asif H. Qureshi and Xuan Gao, both at University of Manchester, UK The legal foundations of the international economy—which underpin both the actions of sovereign states, as well as the conduct of individuals and business entities engaged in cross-border transactions—are now more than ever a crucial site for scholarly exploration. Indeed, with the growing impact of globalization, research in and around the subject flourishes as never before. This new six-volume collection from Routledge meets the need for an authoritative reference work to map a rapidly growing and ever more complex corpus of literature. Edited by leading scholars, International Economic Law gathers foundational and canonical work, together with more contemporary and cutting-edge scholarship. The collection boldly identifies and elucidates International Economic Law’s critical concepts to make sense of the subdiscipline’s evolution and to garner insights into its likely development. With a full index, together with a comprehensive introduction, newly written by the editors, which places the collected material in its historical and intellectual context, International Economic Law is an essential work of reference. For the novice or advanced student, the collection will be particularly useful as an essential database allowing scattered and often fugitive material to be easilylocated. And, for the more advanced scholar, as well as practitioners and policy-makers, it will be welcomed as a crucial tool permitting rapid access to less familiar—and sometimes overlooked—texts. For all users, International Economic Law will be valued as a vital one-stop research and pedagogic resource. CONTENTS General Commentary: A Conceptual Approach toInternational Economic Law ASIF H QURESHI AND XUAN GAO Commentary: General International Economic Law: Theory and Fundamental Concepts ASIF H QURESHI AND XUAN GAO Section 1 International Economic Law: Theory Part 1 Conceptualising international economic law The international economic law revolution JOEL P. TRACHTMAN The traditional relationship between international trade law and international law DONALD M. MCRAE Part 2 Economic doctrine A short history of the Washington Consensus JOHN WILLIAMSON Part 3 International distributive justice International distributive justice PHILIPPE VAN PARIJS Global justice and the Bretton Woods Institutions FRANK J. GARCIA Section 2 International Economic Law: Fundamental Concepts Part 4 Sources Is there customary international economic law? STEPHEN ZAMORA The challenge of soft law: development and change in international law C. M. CHINKIN Part 5 The international economic setting Defining globalisation JAN AART SCHOLTE Part 6 Participants Who are the developing countries in the WTO? FAN CUI Non-governmental organizations JAGDISH BHAGWATI Part 7 Economic sovereignty Sovereignty-modern: a new approach to an outdated concept JOHN H. JACKSON Rethinking the sovereignty debate in International Economic Law KAL RAUSTIALA Part 8 Non-discrimination and differential treatment Differential treatment in International Law: towards a new paradigm of inter-state relations PHILIPPE CULLET The principle of non-discrimination in International Economic Law: a conceptual and historical sketch FRIEDL WEISS Part 9 Extraterritorial jurisdiction Introduction in: Report of the Task Force on Extraterritorial Jurisdiction THE INTERNATIONAL BAR ASSOCIATION The limits of substantive International Economic Law: in support of reasonable extraterritorial jurisdiction CEDRIC RYNGAERT Part 10 State immunity: commercial transactions Exceptions to state immunity: the concept of commerciality HAZEL FOX Part 11 Constitutionalising International Economic Law National constitutions and International Economic Law ERNST-ULRICH PETERSMANN Part 12 Economic human rights The constitutional protection of economic rights TERENCE DAINTITH Part 13 Economic sanctions The legality of economic coercion in general International Law OMER YOUSIF ELAGAB
Beijing Law Review
The aim of this article is to analyse the evolution of international economic law and its fundamental principles. It will examine the current framework of international economic law and the efforts made to regulate international economic relations between states as part of an attempt to establish a global order. It will begin by surveying efforts made prior to the establishment of the UN, and will then focus on developments that have taken place since the establishment of the UN. The objective of the article is to provide a comprehensive and critical appraisal of the law developed to govern economic relations between different states, and between states and private economic actors such as multinational enterprises.
Introduction to the Symposium on International Economic Law and Its Others
AJIL Unbound, 2022
This symposium explores international economic law and “the others.” We define “the others” as the most vulnerable in contemporary societies to international economic law and the global economic processes that it sup- ports, those who face oppression, adverse distributional consequences, and broader challenges to their way of everyday life. Their views are traditionally not represented, or at least not well recognized, within international economic law regimes. The symposium examines the struggle of “the others” and the movements that purport to represent them, to advance their interests and perspectives on international economic law, and potentially reshape regimes at a time of severe challenge, if not crisis, for international economic law.
T. Cottier Challenges Ahead in International Economic Law
The policy path through the many facts and circumstances which have good or bad effects on world economic situations, and thus on international economic law, is extraordinarily complex and unclear. This 'landscape' truly needs some roadmaps, but few of these exist and those that are used are often misleading (
2018
International Economic Law, especially looking at the regimes of trade and investment for example, is not bereft of the fragmentation occurring in international law. The separation of trade and investment has both historical and economic undertones, which eventually led to the development of bifurcation in the legal regimes that regulate them. 1 So international law manages trade and investment independent of each other. Take for example the foreign investment regime today with over 3,324 treaties agreed upon between States, out of which 2,958 are Bilateral Investment Treaties (BITs) and 367 are other treaties with investment provisions. 2 Developed, capital exporting states conclude International Investment Agreements (IIAs) mainly for the protection of foreign investment. It is evident that interpretation of treaties, taking for example the interpretation of the principle of non-discrimination in trade and investment treaties has been at best inconsistent, especially in investment treaty arbitration. This is an area that may call for learning from the trade jurisprudence. The WTO, from the cases seen and despite the regime's own manifest problems, showed a more advanced and settled jurisprudence with its dispute settlement and appeal mechanisms. The trade regime employs Article 31(3)(c) in its interpretative processes, helping to sheath the sword of criticism and providing potential learning curves for the investment regime, a prelude to a future convergence. Convergence clearly has a multiplier effect because if the two regimes, trade and investment are to converge, that will definitely reduce the manifest inconsistencies, incoherence and contradictory findings.