The Relevance of Public International Law in Arbitrations concerning International Economic Development Agreements

Author(s):  
A.F.M. MANIRUZZAMAN
Author(s):  
Deborah Z. Cass

This article analyzes some recurrent themes in that portion of the field which is sometimes referred to as international economic law, namely public international law structures that regulate economic relations and exchange between states, with a primary emphasis upon trade. It suggests that six features characterize current legal scholarship on international economic law relating to business and commerce: a focus on institutions and on constitutions as a means to enhance the authority and legitimacy of the rule-making order; an interdependence with wider scholarship about globalization; a general consensus about the benefits of liberalization and the international economic law framework which supports it, punctuated by occasional critique; a concentration on regulation rather than ‘law’ in the traditional sense; a fixation with the problem of definition of its own scope; and a belief in its transformative nature capable of facilitating improvements in the legal order generally. The aim of this article is to describe and analyse the broad contours of each of these features before critiquing them and suggesting some possible avenues of future research.


2015 ◽  
Vol 109 (1) ◽  
pp. 58-67
Author(s):  

Andy Lowenfeld, a member of the Board of Editors of this journal from 1978 to 1995, and an honorary editor thereafter, died on June 9, 2014, a few days after his eighty-fourth birthday, in New York City.Everyone who knew him, as friend, or colleague, or student, or client, wondered at his sparkling intellect, infectious humor, imagination, and boundless curiosity. He always questioned. He never took anything for granted. He was no narrow specialist. His interests included aviation law, international economic law, private international law, public international law, and procedural law. More than any other author or practitioner in the United States, he decried “the unconvincing separation between public and private international law” and practiced what he preached.


1982 ◽  
Vol 26 (1) ◽  
pp. 12-20 ◽  
Author(s):  
Maurice Flory

What is the connection between international law and economic development? The answer will very likely be different according to whether the question is asked in a developed country or in one of the 120 less-developed countries. Consequently the answer can only be found in international law itself.Criticism has been levelled against the International Law Commission on the ground that its work only deals with the traditional topics which constitute the core of international law. Such criticism implies that the Commission has failed to perceive the need for developing international law adequately to encompass new areas.Of course this assertion could be disputed. However, the General Secretary of the United Nations, in a Survey of International Law published in April, 1971, clearly points to a number of newly emerging areas of concern, including the law relating to economic development which comprises the following headings:1. international legal rules and measures concerning regulation and coordination of the economic activities of states;2. international trade;3. economic and technical assistance.In order to assess the full implication of this question, it should be appreciated that the activities of the U.N. and of a growing number of international economic institutions are now devoted increasingly to development. The numerous relevant publications issued especially, but not only, by Third World lawyers show how this matter is becoming of fundamental importance. Indeed, there can be little doubt that Foreign Office legal advisers would readily admit that much of their daily work involves questions of international economic law. Nevertheless, if one looks at the role allocated to this subject by what may loosely be called the established international law, one must recognise that this is, indeed, a very modest role.


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