The Legal Personality of Individuals in International Economic Law

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Economic ◽  
International Investment ◽  
Eu Law ◽  
Legal Personality ◽  
International Investment Law ◽  
Economic Law ◽  
Trade Law ◽  
International Economic Law ◽  
The Individual ◽  
International Legal Personality

Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms pertaining to ‘State contracts’. Section 8.2 then studies the field of international investment law, which (unlike, for instance, international trade law) is characterized by a considerable degree of involvement of the individual investor. Section 8.3 goes on to discuss some pertinent aspects of EU law in relation to the international legal personality of individuals. EU law is not commonly regarded as a part of international (economic) law, but rather as ‘a new legal order’ of its own. EU law is nevertheless included here as the point is to challenge the popular conception of EU law as separate from the international legal system, and to illustrate that this notion rests, at least in part, on the orthodox ‘States-only’ conception of international legal personality.

13. International Economic Law

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Economic ◽  
Dispute Settlement ◽  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Economic Law ◽  
Trade Law ◽  
International Trade Law ◽  
International Economic Law ◽  
The World

This chapter begins by defining international economic law. It then discusses the main international economic institutions: the World Trade Organization, the International Monetary Fund and the World Bank. It goes on to elaborate on the key principles of international trade law: tariffication, binding tariffs, most favoured nation treatment and the national treatment obligation and discusses exceptions to these principles, anti-dumping and subsidies, regional trade arrangements, and developing States and dispute settlement within the WTO. The chapter also discusses the key principles of international investment law (including foreign direct investment, protection standards, expropriation and dispute settlement); the international financial architecture; and international economic law and State sovereignty.

scholarly journals Współczesne rozumienie pojęcia międzynarodowego prawa gospodarczego

2014 ◽  
pp. 181-194
Author(s):  
Bartosz Ziemblicki
Keyword(s):  
International Economic ◽  
International Law ◽  
International Development ◽  
International Investment ◽  
Private International Law ◽  
Business Law ◽  
International Investment Law ◽  
Economic Law ◽  
Trade Law ◽  
International Economic Law

There are different views in the literature on the meaning of the term international economic law. In author’s opinion it encompasses regulations, which at the same time: are considered law (even soft-law), regulate relations with international element and regulate economic activity. Such laws do not necessarily have to originate from the sources of international law. In this understanding international economic law is a broader term than public international law and private international law in an economic area. The same is true for unpopular in Poland international business law. On the other hand transnational economic law, as understood by Jessup, should be considered equivalent to international economic law. Since international economic law is vast in terms of subjects, sources and norms, it is reasonable to divide it for academic reasons into public international economic law and private international economic law. Both subsections can be further divided. For instance public international economic law would embrace public international trade law, public international financial and monetary law, public international investment law and public international development law.

Good Governance Obligations in International Economic Law: A Comparative Analysis of Trade and Investment

2016 ◽  
pp. 7-46 ◽  
Author(s):  
Andrew D. Mitchell ◽  
Elizabeth Sheargold ◽  
Tania Voon
Keyword(s):  
International Economic ◽  
Good Governance ◽  
Procedural Fairness ◽  
International Investment ◽  
Economic Law ◽  
Trade Law ◽  
International Investment Agreements ◽  
International Economic Law ◽  
Equitable Treatment ◽  
Investment Agreements

International trade and international investment agreements typically contain provisions requiring the parties to comply with good governance principles, such as procedural fairness and transparency. These provisions are increasingly the subject of disputes before international tribunals. The scope of these obligations is often unclear, as treaty provisions usually employ broad standards rather than specific rules. For example, the requirement to accord investors ‘fair and equitable treatment’ is common in international investment agreements, while WTO agreements demand the ‘reasonable and impartial administration of measures’. This article compares approaches in international investment and trade law to three aspects of good governance: procedural fairness, transparency, and reasonable administration of measures. Despite textual differences, the standards adopted by these two regimes are remarkably similar. Consequently, decisions from these two branches of international economic law may provide States, tribunals, market participants and scholars with valuable insights into the conduct required by good governance obligations.

scholarly journals Sustainable Healthy Food Choices: Dietary Guidelines and International Economic Law

2018 ◽  
Vol 18 (1) ◽  
pp. 45
Author(s):  
Tania Voon ◽  
Hope Nadine Johnson
Keyword(s):  
International Economic ◽  
Dispute Settlement ◽  
International Investment ◽  
Dietary Guidelines ◽  
World Health ◽  
International Investment Law ◽  
Economic Law ◽  
International Economic Law ◽  
The World ◽  
International Instruments

Building on the companion piece by Christine Parker and Hope Johnson on international instruments supporting holistic dietary guidelines, this article examines potential concerns raised by such guidelines under international trade law and international investment law. Drawing lessons from the World Health Organization Framework Convention on Tobacco Control (‘WHO FCTC’) and its relevance to recent disputes in international economic law, this article examines the role of international instruments in supporting domestic dietary guidelines that could be challenged in the dispute settlement system of the World Trade Organization (‘WTO’) or under investor-state dispute settlement. The article includes an assessment of the potential impact of international economic laws on holistic dietary guidelines and related regulatory interventions, as well as a discussion of how a WHO treaty on healthy and sustainable diets could influence the interpretation and application of key trade and investment provisions. The article concludes that holistic dietary guidelines can be implemented in a manner consistent with international economic law, at least if local products are not prioritised.

11. International economic law

2019 ◽  
pp. 212-234
Author(s):  
Anders Henriksen
Keyword(s):  
International Economic ◽  
International Investment ◽  
International Regulation ◽  
International Investments ◽  
International Investment Law ◽  
Economic Law ◽  
International Economic Law ◽  
Rules And Principles ◽  
Private Actors ◽  
The International Monetary Fund

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.

11. International economic law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Economic ◽  
International Investment ◽  
International Regulation ◽  
International Investments ◽  
International Investment Law ◽  
Economic Law ◽  
International Economic Law ◽  
Rules And Principles ◽  
Private Actors ◽  
The International Monetary Fund

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations, and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law, and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.

11. International economic law

2021 ◽  
pp. 209-231
Author(s):  
Anders Henriksen
Keyword(s):  
International Economic ◽  
International Investment ◽  
International Regulation ◽  
International Investments ◽  
International Investment Law ◽  
Economic Law ◽  
International Economic Law ◽  
Rules And Principles ◽  
Private Actors ◽  
The International Monetary Fund

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.

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