scholarly journals Ferenc Mádl and International Economic Law

2021 ◽  
Vol 2 (2) ◽  
pp. 167-179
Author(s):  
János Martonyi
Keyword(s):  
International Economic ◽  
International Law ◽  
Private International Law ◽  
Social Changes ◽  
Economic Relations ◽  
Economic Law ◽  
Procedural Law ◽  
International Economic Law ◽  
International Economic Relations ◽  
Substantive Law

Ferenc Mádl, while rising to the ranks of the outstanding Hungarian statesmen who served their country unconditionally, remained a scholar with exceptional knowledge and a unique academic life. In the 1970s, he was the first to recognise that even the broadest interpretation of the field of private international law could not cope with the expansion and transformation of international economic relations in the world and in our country. Reality had gone beyond the given framework of thought, „the facts had rebelled”, a new system and new solutions were needed. A new discipline, international economic law was born to meet the needs of theory, education and practice. The new field of law not only sensed the changes in reality and the interconnections between different areas of reality, but also anticipated the future. Decades later, Ferenc Mádl comprehensively summarised the most important legal consequences of economic, political and social changes and demonstrated the role of law in these changes. In the field of international economic relations, changes have continued to accelerate, new issues and new dilemmas have emerged, including in the area of foreign investment, where public law meets private law, international law meets national law, substantive law meets procedural law. These – and many other exciting new topics – remain best located, cultivated and taught in the field of international economic relations 'invented' by Ferenc Mádl.

International Economic Law and the American Journal of International Law

2006 ◽  
Vol 100 (4) ◽  
pp. 769-782
Author(s):  
Detlev F. Vagts
Keyword(s):  
International Economic ◽  
World War Ii ◽  
International Law ◽  
Private International Law ◽  
World War ◽  
Economic Relations ◽  
Economic Law ◽  
International Economic Law ◽  
History Of ◽  
Economic Warfare

To discuss the history of international economic law since the American Journal of International Law was first published in 1907 requires the author to project categories common to the parlance of 2006 back to times when theywere unknown. So far as it appears, the term did not become current until after World War II. Its scope is controversial. According to one definition, it encompasses “the total range of norms (directly or indirectly based on treaties) of public international law with regard to transnational economic relations.” A wide variety of international law rules have been said to have a financial impact somewhere. For practical purposes, in this essay I define international economic law as the international law regulating transborder transactions in goods, services, currency, investment, and intellectual property. I exclude from the inquiry issues of private international law, as well as of economic warfare.

International Business and Commerce

2005 ◽  
Author(s):  
Deborah Z. Cass
Keyword(s):  
International Economic ◽  
International Law ◽  
Future Research ◽  
Public International Law ◽  
Economic Relations ◽  
Economic Law ◽  
International Economic Law ◽  
Traditional Sense ◽  
Definition Of ◽  
Rule Making

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.

Andreas (Andy) Lowenfeld (1930–2014)

2015 ◽  
Vol 109 (1) ◽  
pp. 58-67
Author(s):  
Keyword(s):  
International Economic ◽  
New York ◽  
New York City ◽  
International Law ◽  
The United States ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Procedural Law ◽  
International Economic Law

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.

International Economic Law

2013 ◽  
Author(s):  
Asif Qureshi ◽  
Xuan Gao ◽  
Jeong Ah Lee
Keyword(s):  
International Economic ◽  
Economic System ◽  
International Development ◽  
Subject Matter ◽  
Economic Governance ◽  
Economic Relations ◽  
Economic Law ◽  
International Economic Law ◽  
International Economic Relations ◽  
The Subject

In general, international economic law (IEL) is concerned with the governance of international economic relations between states as they affect individuals in a state, including in particular their relations inter se across national boundaries. As such, the principal preoccupations of IEL involve international trade, international investment, international monetary and financial law, and international development law. A traditional drive for this normative framework has been the facilitation of the optimal allocation and use of national and international resources for the development of all the people of the world. Defining IEL is a complex process involving a bundle of questions that need to be understood at the outset before any firm definition is articulated. The process involves first and foremost the “is” question: What is IEL? This question involves a consideration of the legal sources of IEL, the subject matter that is the object of IEL disciplines, and the subjects that are subject to IEL. Second, the process involves the “ought” question: How should IEL be redefined? This can be in terms of its sources, its subjects, and subject matter, even in terms of its very objectives. Third, the process involves refocusing from a global perspective to a closer, microlevel scrutiny of the subject. At this level, the questions focus on defining the sets of regimes that make up the international economic system and configuring them in relation to each other and the international economic system as a whole, including the system of IEL in the wider international order. Fourth, another subtext of the process of defining IEL involves inquiring into how international economic governance should be allocated among the state, region, and multilateral levels. Finally, the process of defining IEL is a dynamic process and involves a constant appraisal of whether international economic relations are developing in such a manner that corresponding adjustments to the definition of IEL are called for. The process of defining IEL in this manner elevates the question from a mere academic discourse to one of the most profound inquiries in international economic relations, one that is highly relevant to informing our responses to contemporary international economic problems and that is ubiquitous in all manner of national, regional, and multilateral economic governance. The approach to IEL herein is from the perspective of public international law, with a focus on the traditional preoccupations with world trade, money and finance, investment and taxation, and international development law.

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.

Mega-Regional Trade Agreements: CETA, TTIP, and TiSA

2017 ◽  
Keyword(s):  
International Economic ◽  
Financial Services ◽  
Dispute Settlement ◽  
Economic Relations ◽  
Economic Law ◽  
Legal Perspective ◽  
International Economic Law ◽  
Regional Agreements ◽  
The One ◽  
International Experts

The contributions in this volume examine CETA, TTIP, and TiSA as prime examples of ‘mega-regional’ agreements that are central to a new orientation in international economic law in general and EU external economic relations in particular. While concentrating on CETA, TTIP, and TiSA as the main EU instruments in the worldwide turn to regional and mega-regional agreements, the book places these initiatives in the broader context of other mega-regional projects such as TPP. In the first two chapters, this book examines main motivations for negotiating mega-regional agreements and changing conceptions of international economic law. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement disciplines envisaged in these ‘mega-regional’ agreements. Moreover, the progress made in intellectual property protection, the problems associated with data protection, disciplines on financial services, human rights, labour and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other are analysed. Finally, four short contributions discuss fundamental questions surrounding these mega-regional agreements from an economic, a political science, and a legal perspective. The last chapter of this volume summarizes principal conclusions presented in the chapters of the book and highlights themes that recur in them.

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

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