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:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/10905275
Related Items:Online version: Principles of international economic law.
Hidden Bibliographic Details
ISBN:9780198790563
0198790562
9780198790570
0198790570
Notes:Includes bibliographical references and index.
Also available online.
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.
Other form:Online version: Herdegen, Matthias. Principles of international economic law. Second edition. Oxford University Press, 2016. 9780198790563
Table of Contents:
  • Table of International Cases
  • Table of International Treaties and Conventions
  • Table of National Legislation
  • List of Abbreviations
  • Part I. Contents, History, and Structure of International Economic Law
  • I. The Law of International Economic Relations: Contents and Structure
  • 1. Understanding and Contents of International Economic Law
  • 2. The Interaction between International and Domestic Law
  • 3. The Interaction of Different National Laws
  • 4. Main Areas of International Economic Law
  • 5. The Relationship between International Economic Law and Economic Rationality
  • II. Past and Present of the International Economic Order
  • 1. The Historical Foundations of International Economic Law
  • 2. The Concerns of Developing Countries and the Call for a 'New Economic Order'
  • 3. The System of the World Trade Organization (WTO)
  • 4. The Regional Integration of Markets
  • 5. Globalization of Economic Relations: Chances, Risks, and Asymmetries
  • 6. Economic Interdependence and International Security: A Complex Relationship
  • III. The Actors of International Economic Law
  • 1. Subjects of International Law and Actors in International Economic Relations
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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. 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)
  • 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. 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
  • 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'
  • 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
  • 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
  • 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'
  • 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