Principles of international economic law /

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Bibliographic Details
Author / Creator:	Herdegen, Matthias, author.
Edition:	Second edition.
Imprint:	Oxford ; New York, NY : Oxford University Press, 2016. ©2016
Description:	xliv, 574 pages ; 24 cm
Language:	English
Subject:	International economic relations. International law. Foreign trade regulation. Investments, Foreign (International law) International finance -- Law and legislation.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/10905275

Hidden Bibliographic Details
ISBN:	9780198790563 0198790562 9780198790570 0198790570
Notes:	Includes bibliographical references and index.
Summary:	Principles of International Economic Law' provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks.00.

Table of Contents:

Table of International Cases
4. Main Areas of International Economic Law
3. Proportionality
XVII. The General Agreement on Trade in Services (GATS)
1. Scope and Relevance
2. Telecommunications Services
3. WTO Law and Financial Set-vices
4. Trade in Services Agreement (TiSA)
XVIII. The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
1. General Aspects
2. Patent Rights
3. The Protection of Intellectual Property Rights in Broader International Context
5. The Relationship between International Economic Law and Economic Rationality
XIX. Subsidies and Anti-dumping Measures
1. Subsidies and Countervailing Measures (SCM Agreement)
2. The Agreement on Agriculture
3. Dumping and Anti-dumping Measures
XX. Dispute Settlement in the WTO
XXI. WTO Law in Broader Perspective: The Interplay with Other Regimes of International Law
XXII. WTO Law in Domestic Law
XXIII. The Regional Integration of Markets
1. Forms of Regional Market Integration (Free Trade Areas, Customs Unions, and Economic Communities)
2. The Free Movement of Goods and Services in the European Union
II. Past and Present of the International Economic Order
3. EFTA and the European Economic Area
4. The North American Free Trade Agreement (NAFTA)
5. Regional Integration in South America
6. Regional Integration in Central America and the Caribbean
7. Regional Integration in Asia and the Pacific
8. Regional Integration in Africa
9. Bilateral Trade Agreements of the European Union and of the United States
10. Mega-regional Trade Agreements: CETA, TTP, TTIP, and beyond
Part IV. International Business Law
XXIV. International Sales and Contract Law
1. The Historical Foundations of International Economic Law
1. Introduction
2. The Rome Convention, the Rome I Regulation, and the Common European Law on Sales
3. UN Convention on Contracts for the International Sale of Goods (CISG)
4. Electronic Commerce
XXV. Letters of Credit
1. Documentary Credit
2. Standby Letters of Credit
XXVI. International Building and Construction Contracts
1. FIDIC Manuals
2. Long-term Contracts (BOT, BOO, BOOT, BLOT, BOTT)
2. The Concerns of Developing Countries and the Call for a 'New Economic Order'
XXVII. International Company, Competition, and Tax Law
1. Relevance
2. The Proper Law of a Corporation
3. Recognition of Foreign Corporations and Deference to 'Home' Regulation
4. EU Company Law: the Societas Europaea
5. Corporate Governance
XXVIII. International Accounting Standards
XXIX. International Competition Law
1. National and International Rules against Anti-Competitive Behaviour
2. The Application of Competition Law and Extraterritorial Effects
3. The System of the World Trade Organization (WTO)
3. Bilateral Cooperation
4. Convergences and Divergences between EU Competition Law and US Antitrust Law
XXX. International Tax Law
Part V. The International Law of Foreign Investment
XXXI. Foreign Investment in Practice
1. Economic and Political Relevance
2. Direct and Indirect Investment
3. Investors
4. The Control of Foreign Investment
XXXII. Customary International Law
4. The Regional Integration of Markets
1. Customary Standards and Foreign Investment
2. Expropriation and Compensation
3. The Extraterritorial Effects of Expropriations
XXXIII. Concessions and Investment: Agreements between States and Foreign Companies
1. Stabilization and Internationalization
2. Concessions
XXXTV. Treaties on Investment Protection
1. Bilateral and Multilateral Agreements on the Protection of Investments
2. Personal Scope of Protection
3. Protected 'Investments'
5. Globalization of Economic Relations: Chances, Risks, and Asymmetries
4. Modern Standards of Investment Protection
5. Dispute Settlement
6. The Call for Enhanced Respect for Regulatory Freedom of Host States
XXXV. The International Centre for Settlement of Investment Disputes
XXXVI. Multilateral Investment Guarantee Agency
XXXVII. The Interplay of Investment Protection and Other Areas of International Law
Part VI. International Monetary Law and the International Financial Architecture
XXXVIII. International Monetary Law and International Economic Relations
1. The Impact of Monetary Relations on International Trade and Business
2. The Bretton Woods System and the Development of Currency Exchange Arrangements
6. Economic Interdependence and International Security: A Complex Relationship
3. Currency Exchange Regimes
4. Monetary Unions
5. 'Eurodollars' and other Eurocurrencies
XXXIX. The International Monetary Fund: Objectives, Organization, and Functions
1. Objectives
2. Membership
3. Organization
4. Financing of the IMF
5. IMF Members' General Obligations and the Surveillance of Exchange Rate Policies: Stability and Fair Competitive Conditions
6. Convertibility of Currencies and Restriction of Exchange Controls
III. The Actors of International Economic Law
7. Exchange Control Regulations and their Extraterritorial Effect
8. Special Drawing Rights
9. Use of the Fund's Financial Resources for Members in Economic Difficulties
XL. The World Bank and Other International Financial Institutions
1. The World Bank Group
2. Regional Development Banks and Other Regional Financial Institutions
3. The Bank for International Settlements
XLI. Debt Crises and State Insolvency
1. Tire International Management of Debt Crises
2. Restructuring Sovereign Debt: The 'Paris Club' and the 'London Club'
Table of International Treaties and Conventions
1. Subjects of International Law and Actors in International Economic Relations
3. State Insolvency and International Law
XLII. International Regulation of the Banking Sector
1. The Need for Enhanced Cooperation of Supervisory Authorities and for Harmonized Standards
2. Supervisory Authorities and Macro-prudential Oversight of the Financial System
3. Global Regulatory Standards for Adequate Bank Capital and Risk Management: the Basel Accords
Index
2. States
3. State Enterprises
4. International Organizations
5. Non-institutionalized Forums of Cooperation in Economic Relations
6. International Inter-Agency Cooperation
7. Non-governmental Organizations
8. Private Enterprises and Standards for Transnational Corporations
IV. The Legal Sources of International Economic Law
1. International Law as an Order of Transboundary Economic Relations
Table of National Legislation
2. The Law of the European Union
3. International Agreements on Private Economic Transactions
4. 'Transnational Law' and 'lex mercatorid
Part II. International Economic Law as an Order of Rules and Principles
V. Basic Principles of the International Economic Order
1. States' Autonomy in Economic Choices
2. Trade Liberalization: Reduction of Tariffs and Elimination of Non-Tariff Barriers
3. Fair Treatment of Foreign Investors
4. Non-discrimination
5. Favourable Conditions for Developing Countries
List of Abbreviations
6. Sustainable Development
7. Respect for Human Rights
VI. Sovereignty and International Economic Relations
1. A Modern Concept of Sovereignty: Response to Globalization and Deference to Democratic Choices
2. The Principle of Non-intervention
3. State Immunity
4. The Treatment of Foreign Persons
5. Diplomatic Protection
6. National Economic Law and the Jurisdiction of States
7. Criteria for Exercising Jurisdiction: Legitimating Links
Part I. Contents, History, and Structure of International Economic Law
8. Conflicts of Jurisdiction and Possible Solutions
9. The Application of Foreign Laws
10. Specifics of 'Cyberspace Regulation'
VII. Human Rights and International Economic Relations
1. The Exploitation of Natural Resources
2. Treaties on Economic Cooperation and Economic Integration
3. Transnational Corporations and Human Rights: Standards and Liability for Violations
VIII. Environmental Protection and Sustainable Development
1. Transboundary Impacts and Transboundary Harm
2. Sustainable Development
I. The Law of International Economic Relations: Contents and Structure
3. The Precautionary Principle
4. Treaties on Pollution Control and on the Liability for Environmental Contaminations
5. Treaties on the Protection of the Atmosphere and for Climate Protection
6. Treaties on Biodiversity, Access to Genetic Resources, and Biosafety
7. The Law of Biotechnology
IX. Good Governance-The Internal Structure of States and Global Economic Integration
1. Standards of Good Governance
2. Global Economic Integration: The Relevance of the Constitutional and Economic Order
X. Dispute Settlement
1. Mechanisms of International Dispute Settlement
1. Understanding and Contents of International Economic Law
2. International Commercial Arbitration
3. Jurisdiction of National Courts
4. Obtaining Evidence Abroad
5. Service of Process, Recognition, and Enforcement of Foreign Judgments
Part III. World Trade Law and Regional Trade Agreements
XI. History and Development of World Trade Law
1. Development up to the Uruguay Round
2. The Uruguay Round
3. Post-Uruguay Perspectives and Challenges for the WTO System
XII. The World Trade Organization
2. The Interaction between International and Domestic Law
1. The WTO as an Institutional Platform for Trade Relations
2. Members of the WTO
3. Organs of the WTO
XIII. The Multilateral and the Plurilateral Agreements on Trade
1. Multilateral and Plurilateral Trade Agreements: Concentric Circles
2. The GATT 1994 and Related Trade Agreements
XIV. The GATT
1. Objectives and Basic Principles
2. Most-Favoured-Nation Treatment
3. National Treatment
3. The Interaction of Different National Laws
4. The Reduction of Tariffs and Non-Tariff Barriers to Trade
5. General Exceptions (Article XX of the GATT)
6. Security Exceptions (Article XXI of the GATT)
7. Safeguard Measures (Article XIX of the GATT)
8. Waivers
9. Burden of Proof
XV. The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS)
XVI. The Agreement on Technical Barriers to Trade
1. Relevance and Scope
2. National Treatment

Principles of international economic law /

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