The Doctrine of the Providential Function of Commerce in International Law

2017 ◽  
Author(s):  
Ileana M. Porras
Keyword(s):  
International Trade ◽  
International Exchange ◽  
Religious Doctrine ◽  
Hugo Grotius ◽  
Religious Sensibility ◽  
Commercial Exchange ◽  
Two Factors ◽  
Francisco De Vitoria ◽  
Internal Effect

This chapter explores the doctrine of the providential function of commerce in the work of Francisco de Vitoria (c. 1492–1546), Alberico Gentili (1552–1608), and Hugo Grotius (1583–1645). In this chapter, I argue that the doctrine’s persuasive power lies in the interplay between two factors. First is the fact that while the doctrine is not in origin a religious doctrine, its elements and its narrative logic carried an unmistakable religious sensibility that became indissolubly associated with international trade. But the doctrine’s true efficacy lies in a more subtle internal effect. In essence, the doctrine, which holds at its core an act of exchange among distant peoples, allowed its adherents to idealize international trade by blurring the distinction between the act of commercial exchange and that of gift-exchange. In this manner, international exchange came to be portrayed as an act of friendship and community recognition, rather than a commercial act between strangers.

Choices and Consequences: Internationalizing Competition Policy After TPP

2019 ◽  
pp. 413-440 ◽  
Author(s):  
Daniel Francis
Keyword(s):  
International Trade ◽  
Competition Policy ◽  
Mixed Strategy ◽  
Competition Law ◽  
Government Procurement ◽  
Law And Policy ◽  
Real Progress ◽  
Shared Goals ◽  
International Systems

The development of international systems for the coordination and constraint of competition law and policy offers a complex blend of rewards and costs. In this chapter, I evaluate the promises and problems of this endeavor in the realms of government procurement, antitrust, and the regulation of state-owned enterprises, and outline some options for internationalization in this area and some of their respective implications. I argue that, in a field dominated by deep conflicts of value and interest, real progress will require creativity and pluralism in the forms and tools of internationalization. I emphasize the importance of regionalism as a complement to multilateralism and bilateralism; frameworks of contingent cooperation as a complement to traditional treaties and networks; and a mixed strategy of linkage to, and separation from, international trade to ensure that jurisdictions are able to pursue their shared goals.

scholarly journals Offering hospitality to strangers: Hugo Grotius’s draft regulations for the Jews

2017 ◽  
Vol 85 (3-4) ◽  
pp. 391-433 ◽  
Author(s):  
Marc de Wilde
Keyword(s):  
Sixteenth Century ◽  
Legal Regulations ◽  
Hugo Grotius ◽  
Spanish Colonization ◽  
Natural Foundation ◽  
The Right ◽  
Religious Reasons ◽  
Francisco De Vitoria ◽  
Private Worship

In 1615, the States of Holland and West-Vriesland commissioned Hugo Grotius to draft a set of legal regulations for the Jews in their province. This article analyzes Grotius’s draft, entitled Remonstrance. It examines how Grotius understood and justified the rights of Jews and to what extent his approach was novel. More particularly, it shows how Grotius developed the concept of a natural duty to offer hospitality to strangers to advocate admission and toleration of Jews. He borrowed this concept from the sixteenth-century jurist and theologian Francisco de Vitoria, who had used it to justify the Spanish colonization of the Americas. While Vitoria had suggested that the Indians had violated their natural duty to offer hospitality to strangers by refusing to admit the Spanish merchants to their lands, Grotius argued that the provinces of Holland and West-Vriesland had a natural duty to offer hospitality to the Jews who had been expelled from their communities for religious reasons. Unlike Vitoria, Grotius recognized the natural duty to offer hospitality to strangers as the natural foundation of the right to asylum, which applied irrespective of religion. This enabled him to argue that these Jews, as religious exiles, had to be admitted to the provinces of Holland and West-Vriesland, and granted particular rights, including the freedom of (private) worship.


Hugo Grotius and the Thirty Years War, An early reception of De iure belli ac pacis

2009 ◽  
Vol 77 (3-4) ◽  
pp. 499-538 ◽  
Author(s):  
Edgar Müller
Keyword(s):  
War And Peace ◽  
Law Of War ◽  
Peace Negotiations ◽  
Hugo Grotius ◽  
The Law ◽  
Francisco Suarez ◽  
Francisco De Vitoria

AbstractIt is generally assumed that the peace negotiations at Münster and Osnabrück were influenced by the Spanish authors of the so-called Second Scholastics such as Francisco Suarez and Francisco de Vitoria, although evidence of that influence is lacking. It is possible, however, to establish that Grotius's book on the law of war and peace did influence the Westphalian negotiations. De iure belli et pacis was first published in 1625; it was widely read and during the 1630s it was used for teaching purposes in the universities of Strasbourg, Tübingen, Ingolstadt and Uppsala.

scholarly journals The Impact of Systemic Stress in the Euro Area on Bilateral Exports of Goods

2021 ◽  
pp. 1-26
Author(s):  
Dejan Romih ◽  
Keyword(s):  
International Trade ◽  
Gravity Model ◽  
Euro Area ◽  
Panel Study ◽  
Composite Indicator ◽  
Volatility Index ◽  
Systemic Stress ◽  
Bilateral Exports ◽  
The Impact

There is a growing interest among policymakers and researchers in estimating the impact of systemic stress on the economy. In this chapter, I present main findings of a panel study designed to estimate the impact of systemic stress in the euro area on bilateral exports of goods. Using the gravity model of international trade in goods, I found that systemic stress in the euro area, measured by the Composite Indicator of Systemic Stress for the euro area, the new Composite Indicator of Systemic Stress for the euro area and the EURO STOXX 50 Volatility Index negatively affects bilateral exports of goods, which is consistent with my expectations.

Law, Justice, and Charity in a Divided Christendom: 1500–1625

2017 ◽  
Author(s):  
Sarah Mortimer
Keyword(s):  
Natural Law ◽  
Catholic Church ◽  
Human Beings ◽  
New Synthesis ◽  
Starting Point ◽  
Hugo Grotius ◽  
The Reformation ◽  
Political Boundaries ◽  
Francisco De Vitoria ◽  
Single Set

During the Reformation, new interpretations of Christianity were developed—with important consequences for international relations. Taking the thought of Thomas Aquinas as their starting point, Catholic scholars like Francisco de Vitoria argued for a natural law for all but they insisted that human beings were also obliged by Christian duties and commitments. These duties could only be fulfilled within the Catholic Church. Protestants rejected these claims and argued instead for one single set of ethical obligations, which were the duties of natural law. For them, natural law included both secular and religious principles, and it applied across national and political boundaries. The radical effects of this concept can be seen in the anonymously written Vindiciae, Contra Tyrannos. This chapter considers arguments on both sides of the confessional divide before discussing the Dutch scholar Hugo Grotius and his attempt to provide a new synthesis.

Shelleyan Love

2019 ◽  
pp. 113-165
Author(s):  
Seth T. Reno
Keyword(s):  
Critical Theory ◽  
Negative Dialectics ◽  
Theodor Adorno ◽  
Prometheus Unbound ◽  
Religious Sensibility ◽  
Subject And Object ◽  
Scholarly Attention

In this chapter, I show that Percy Shelley picks up on the waning of intellectual love in Wordsworth, continuing to develop this Romantic tradition after Wordsworth moves on to a more religious sensibility. The chapter outlines the development of Percy Shelley’s treatment of love over the entire course of his career. I examine five ‘clusters’ of writings that reveal his adoption, adaption, and revision of Wordsworthian, Godwinian, and Classical notions of love: (1) his essay ‘On Love’ (1819) and its related texts; (2) Queen Mab (1813) and the Alastorvolume (1815); (3) a sequence of lyrics from 1816-1818; (4) the Prometheus Unbound volume (1820); and (5) Epipsychidion (1821) and later poems. Shelleyan love has received the most scholarly attention in studies of Romanticism, yet it is almost always within the contexts of sex, sexuality, and metaphor; instead, I argue that Shelleyan love can also be understood as an aesthetic model of interconnectedness proposing a nascent negative dialectics, a concept developed by Theodor Adorno that both defers and affirms the reconciliation of subject and object at the heart of critical theory and love.

Growth, Factor Endowment and Trade of India - A Review of Literatures

2015 ◽  
Vol 9 (1and2) ◽  
Author(s):  
Dr Shri Prakash ◽  
Ms. Sonia Anand
Keyword(s):  
International Trade ◽  
Growth Factor ◽  
General Equilibrium ◽  
Factor Endowment ◽  
Factor Endowments ◽  
The World ◽  
Two Factors ◽  
The Usa ◽  
Relative Factor

The factor endowment theorem better known as the Heckscher - Ohlin Theorem has been much been researched topic in the arena of International Trade. The H-O theorem envisages that trade between different countries is caused due to differences in relative factor endowments of those countries. H-O theorem is a theorem of long term general equilibrium in which the two factors are mobile between sectors. Leontief was the first to find that despite the fact that the USA was capital-abundant country it was exporting labour-intensive products. This clearly indicated factor reversal in the case of USA and popularly came to be known as Leontief paradox. This very study instigated the researchers all over the world to test H-O theorem for other countries. This paper is an attempt to review literatures related to the studies on growth, factor endowment and trade of India.

scholarly journals The customs adopted in the treaties concluded between the Mamluk sultans and the Venetian doges (13th-15th centuries)

Chronos ◽  
2018 ◽  
Vol 36 ◽  
pp. 137-163
Author(s):  
PIERRE MOUKARZEL
Keyword(s):  
International Trade ◽  
Thirteenth Century ◽  
Trading Partner ◽  
Commercial Policy ◽  
Social Existence ◽  
Commercial Exchange ◽  
Diplomatic Relationship ◽  
Good Agreement

Venice's economic and diplomatic relationship with the Mamluk sultanate dated back to the thirteenth century. It became the Mamluk's main and favorite European trading partner during the fourteenth and the fifteenth centuries. As international trade grew and commercial exchange intensified, Venice concluded treaties with the sultans and obtained privileges for its nationals. These privileges were at least equal and often superior to those adopted in trade among European merchant cities. The Venetian privileges in Egypt and Syria did not mean an agreement between two States, but a concession made by the sultan for a group of foreign traders living on his territories. This concession protected them as far as it recognized them legally, not only granted the protection, but especially gave a legal and social existence to the traders. Regular negotiations became established and embassies were sent to Cairo to protect a climate of good agreement indispensable to the realization of fruitful exchanges between Venice and the East. If the claims of the Venetians did not stop from the thirteenth till the fifteenth centuries and occupied the largest part of treaties with the sultans, it was because they constituted means to exercise a certain pressure on the sultan and to oppose to his commercial policy.

scholarly journals Online platforms in the system of modern international digital trade

E-Management ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 63-69
Author(s):  
T. Sosnov ◽  
A. Pasko
Keyword(s):  
International Trade ◽  
Business Models ◽  
Developed Countries ◽  
International Exchange ◽  
Marginal Costs ◽  
Online Platforms ◽  
New Business ◽  
Competition Rules ◽  
Delivery Services ◽  
Key Aspects

At the present stage of the development of international trade, online platforms have a defining impact on its development, as new business models appear, on the basis of which it becomes possible to significantly reduce marginal costs and increase productivity. The relevance of the problems investigated in the article increases as the format of international trade changes, when in a recession, new tools are needed to raise the efficiency of export-import operations between countries. The theoretical and methodological framework of the considered aspects includes foreign and domestic studies in the field of digitalization and the digital transformation of the world economy.An attempt of the conceptual justification and typology of online platforms and their significance in the international exchange system has been made in the paper. The main advantages of cross-border transaction platforms have been shown, it has been concluded that the attributes of online platforms may not be unique or specific, but it is their competent combination that often determines the intensive growth of platforms. According to authors, in the current conditions of the pandemic COVID-19, the role of online platforms in international trade is increasing, and this happens both at the national (through, for example, the growing use of delivery services) and at the international level (ensuring the operation of international payment systems, or individual components global value chains). Approaches to the global regulation of online platforms also have been considered. It has been established that the adaptation of trade policy rules developed internationally regarding the activities of online platforms plays a very important role, and one of the key aspects in this regard is the prohibition of tariffs on electronic commerce transactions. At least, this approach is followed by developed countries. However, developing countries often challenge it, pointing to the distortion of fair international competition rules as an argument.

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