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Oxford Public International Law
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Subject
Air law and law of outer space
Diplomacy and consular relations
History of international law
Human rights
Immunities
Individuals and non-state actors
International co-operation
International criminal law
International economic law
International environmental law
International humanitarian law
International law and international relations
International organizations
International procedural law
International responsibility
Law of the sea
Law of treaties
Relationship between international and domestic law
Settlement of disputes
Sources, foundations and principles of international law
Statehood, jurisdiction of states, organs of states
Territory
Theory of international law
Use of force, war, peace and neutrality
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Oxford Law Citator
Contents
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Preliminary Material
Acknowledgements
Table of Contents
Table of International Cases
I Cases Brought Before the Permanent Court of International Justice (PCIJ)
II Cases Brought before the International Court of Justice (ICJ)
III Cases Brought Before the European Court of Justice (ECJ)
IV Cases Brought Before the European Court of First InstanCe
V Cases Brought Before the European Court of Human Rights (ECTHR)
VI Cases Brought Before the Inter-American Court of Human Rights (IACTHR)
VII Cases Brought Before the African Court on Human and Peoples’ Rights (AFCHPR)
VIII Cases Brought Before the Southern African Development Community Tribunal (SADC)
IX Cases Brought Before the WTO’S Appellate Body
X Cases Brought Before the WTO’s Panels
XI Iran–US Claims Tribunal
XII ICSID Cases
XIII UNCITRAL Cases
XIV Cases Brought before the US Supreme Court
XV Cases Brought Before the House of Lords
XVI Cases Brought Before the German Federal Constitutional Court (Bundesverfassungsgericht)
XVII Cases Brought Before the German Federal Court of Justice (Bundesgerichtshof—BGH)
XVIII Miscellaneous Cases Brought Before Various National Courts
1 Germany
2 USA
3 United Kingdom
4 France
5 Netherlands
6 Sweden
7 Switzerland
8 Belgium
XIX Miscellaneous Cases
Table of International Treaties and Conventions
Table of National Legislation
Austria
Bolivia
Ecuador
European Union
France
Germany
United Kingdom
United States
Venezuela
List of Abbreviations
Main Text
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
(a) International trade law
(b) Regional economic law and free trade agreements
(c) International antitrust and competition law
(d) International investment law
(e) International monetary law
(f) Intellectual property law
(g) International commercial law
5 The Relationship between International Economic Law and Economic Rationality
Select Bibliography
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
Select Bibliography
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
(a) Role and history
(b) International organizations as legal entities and the liability of members
(c) The United Nations and its ‘specialized agencies’
(d) International organizations as actors in international economic relations
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
(a) The role of private enterprises in international economic law
(b) Corporate social responsibility: codes of conduct and other international standards
i The concept of ‘corporate social responsibility’
ii Instruments of the United Nations and its ‘specialized agencies’
iii The OECD Guidelines for Multinational Enterprises
iv Other international standards
v The normative impact of international instruments on corporate social responsibility
(c) Corporate Social Responsibility and Investment Protection
Select Bibliography
IV The Legal Sources of International Economic Law
1 International Law as an Order of Transboundary Economic Relations
(a) International economic law and its sources
(b) Customary international law
(c) Treaties on international economic transactions
(d) General principles of law
2 The Law of the European Union
3 International Agreements on Private Economic Transactions
4 ‘Transnational Law’ and ‘ lex mercatoria ’
Select Bibliography
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
(a) Most-favoured-nation treatment
(b) National treatment
5 Favourable Conditions for Developing Countries
(a) Preferential treatment
(b) Preferential tariffs
(c) Technology transfer
(d) Exceptions from general treaty obligations for developing countries
6 Sustainable Development
7 Respect for Human Rights
Select Bibliography
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
(a) From absolute to relative immunity
(b) Immunity of State enterprises
(c) Immunity of international organizations
4 The Treatment of Foreign Persons
(a) The international minimum standard
(b) The Calvo Doctrine
5 Diplomatic Protection
(a) General principles
(b) Diplomatic protection of corporations and shareholders
6 National Economic Law and the Jurisdiction of States
(a) Jurisdiction
(b) Regulatory competition among States
(c) The territorial scope of legislation
(d) Restrictive trends
(e) The law of foreign trade and foreign economic relations
(f) General principles of conflict of laws
7 Criteria for Exercising Jurisdiction: Legitimating Links
(a) Principle of territoriality and the ‘effects doctrine’
(b) Principle of personality
(c) Principle of control
(d) Principle of protection of national interests
(e) Principle of universality
8 Conflicts of Jurisdiction and Possible Solutions
(a) Conflicts of jurisdiction
(b) Balancing regulatory interests
9 The Application of Foreign Laws
(a) Direct application of foreign public laws (‘overriding mandatory rules’)
(b) Application of domestic law in deference to foreign public law
(c) Consideration of foreign public law as fact (‘datum’)
10 Specifics of ‘Cyberspace Regulation’
Select Bibliography
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
(a) UN Guiding Principles on Business and Human Rights
(b) OECD Guidelines for Multinational Enterprises
(c) The US Alien Tort Claims Act (ATCA/ATS)
Select Bibliography
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
(a) The Convention on Biological Diversity as a framework for the protection and sustainable use of biological resources
(b) Access to genetic resources
(c) Technology transfer
(d) Agreements on access and benefit sharing
(e) Biosafety
7 The Law of Biotechnology
Select Bibliography
IX Good Governance—The Internal Structure of States and Global Economic Integration
1 Standards of Good Governance
(a) Historical development
(b) Transparency and the fight against corruption
(c) Due process and fair trial
(d) Fundamental rights
(e) Political participation
2 Global Economic Integration: The Relevance of the Constitutional and Economic Order
Select Bibliography
X Dispute Settlement
1 Mechanisms of International Dispute Settlement
2 International Commercial Arbitration
3 Jurisdiction of National Courts
(a) European law
(b) The Convention on Choice of Court Agreements of 2005
(c) Jurisdiction based on domestic business contacts
(d) The attractions of the US jurisdiction for foreign claimants: some salient features of US law
i Punitive damages
ii Class actions
iii Pre-trial discovery of documents
(e) Forum shopping
4 Obtaining Evidence Abroad
5 Service of Process, Recognition, and Enforcement of Foreign Judgments
Select Bibliography
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
Select Bibliography
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
Select Bibliography
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
(a) The condition of ‘likeness’
(b) Exceptions
i Customs unions and free-trade areas
ii Preferences for developing countries
3 National Treatment
(a) Article III:1 of the GATT: equality of competitive conditions
(b) Article III:2 of the GATT: internal charges
i ‘Like products’ (Article III:2 first sentence of the GATT)
ii ‘Directly Competitive or Substitutable Products’ (Article III:2 second sentence of the GATT)
(c) Article III:4 of the GATT: the general principle of national treatment
(d) Article III:8 of the GATT: derogations from national treatment obligations
4 The Reduction of Tariffs and Non-Tariff Barriers to Trade
(a) The reduction of tariffs
(b) The prohibition of import- and export-related barriers to trade (Article XI of the GATT)
5 General Exceptions (Article XX of the GATT)
(a) General aspects
(b) The ‘chapeau’ of Article XX of the GATT
(c) Production-related measures
(d) Measures necessary to protect public morals (Article XX(a) of the GATT)
(e) Measures necessary to protect human, animal, or plant life or health (Article XX(b) of the GATT)
(f) Measures necessary to secure compliance with certain laws or regulations (Article XX(d) of the GATT)
(g) Measures relating to the conservation of exhaustible natural resources (Article XX(g) of the GATT)
(h) Measures essential to the acquisition or distribution of products in general or local short supply (Article XX(j) 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
Select Bibliography
XV The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS)
Select Bibliography
XVI The Agreement on Technical Barriers to Trade
1 Relevance and Scope
2 National Treatment
3 Proportionality
Select Bibliography
XVII The General Agreement on Trade in Services (GATS)
1 Scope and Relevance
2 Telecommunications Services
3 WTO Law and Financial Services
4 Trade in Services Agreement (TiSA)
Select Bibliography
XVIII The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
1 General Aspects
2 Patent Rights
(a) Scope of patentability
(b) Compulsory licences and access to pharmaceuticals
(c) Patents in biotechnology
3 The Protection of Intellectual Property Rights in Broader International Context
Select Bibliography
XIX Subsidies and Anti-dumping Measures
1 Subsidies and Countervailing Measures (SCM Agreement)
2 The Agreement on Agriculture
3 Dumping and Anti-dumping Measures
Select Bibliography
XX Dispute Settlement in the WTO
Select Bibliography
XXI WTO Law in Broader Perspective: The Interplay with Other Regimes of International Law
Select Bibliography
XXII WTO Law in Domestic Law
Select Bibliography
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
(a) Free movement of goods
(b) Free movement of services
3 EFTA and the European Economic Area
4 The North American Free Trade Agreement (NAFTA)
5 Regional Integration in South America
(a) The Latin American integration association
(b) The Andean Community
(c) MERCOSUR
(d) Pacific Alliance
6 Regional Integration in Central America and the Caribbean
(a) Central American integration system
(b) Caribbean Community
7 Regional Integration in Asia and the Pacific
(a) ASEAN
(b) ACFTA and Other Free Trade Agreements of ASEAN States
(c) SAFTA
(d) APEC
(e) Trans-Pacific Trade Relations
8 Regional Integration in Africa
9 Bilateral Trade Agreements of the European Union and of the United States
10 Mega-regional Trade Agreements: CETA, TPP, TTIP, and beyond
(a) The Comprehensive Economic and Trade Agreement (CETA)
(b) The Agreement on the Trans-Pacific Partnership (TPP)
(c) The Transatlantic Trade and Investment Partnership Agreement (TTIP)
(d) Implications for the World Trading System
Select Bibliography
Part IV International Business Law
XXIV International Sales and Contract Law
1 Introduction
(a) International agreements on private international law and uniform law
(b) Incoterms
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)
(a) Scope of application of the CISG
(b) Opting out
(c) Formation of the contract and pre-contractual liability
(d) Obligations of the seller
(e) Obligations of the buyer
(f) Product liability under the CISG
4 Electronic Commerce
Select Bibliography
XXV Letters of Credit
1 Documentary Credit
2 Standby Letters of Credit
Select Bibliography
XXVI International Building and Construction Contracts
1 FIDIC Manuals
2 Long-term Contracts (BOT, BOO, BOOT, BLOT, BOTT)
Select Bibliography
XXVII International Company, Competition, and Tax Law
1 Relevance
2 The Proper Law of a Corporation
(a) The theory of incorporation
(b) The real seat theory
3 Recognition of Foreign Corporations and Deference to ‘Home’ Regulation
4 EU Company Law: the Societas Europaea
5 Corporate Governance
Select Bibliography
XXVIII International Accounting Standards
Select Bibliography
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
Select Bibliography
XXX International Tax Law
Select Bibliography
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
(a) Private and public investors
(b) Sovereign wealth funds
4 The Control of Foreign Investment
Select Bibliography
XXXII Customary International Law
1 Customary Standards and Foreign Investment
2 Expropriation and Compensation
(a) The conditions for lawful expropriation under customary international law
(b) Elements of expropriation
(c) Unlawful expropriation and restitution
(d) Due compensation
3 The Extraterritorial Effects of Expropriations
(a) The transfer of expropriated assets abroad
(b) The direct and the indirect expropriation of property situated abroad
(c) The indirect expropriation of property situated abroad
Select Bibliography
XXXIII Concessions and Investment: Agreements between States and Foreign Companies
1 Stabilization and Internationalization
2 Concessions
Select Bibliography
XXXIV Treaties on Investment Protection
1 Bilateral and Multilateral Agreements on the Protection of Investments
(a) Bilateral investment treaties and investment protection in preferential trade agreements
(b) The European Union as new actor in international investment law
(c) Multilateral agreements covering foreign investment
i Multilateral agreements on trade and investment
ii OECD Multilateral Agreement on Investment
iii Energy Charter Treaty
iv The Investment Agreement of the Organisation of Islamic Cooperation
2 Personal Scope of Protection
3 Protected ‘Investments’
(a) Definition
(b) Conformity with the law of the host State
4 Modern Standards of Investment Protection
(a) Admission and establishment of investments
(b) National treatment
(c) Most-favoured-nation treatment
(d) Fair and equitable treatment
(e) Full protection and security
(f) Umbrella clauses
(g) Expropriation and compensation
(h) Necessity
5 Dispute Settlement
(a) Investor–host State arbitration and the new ‘European model’ of a permanent investment Tribunal
(b) The hybrid nature of investor-State arbitration
(c) Jurisdiction of arbitral tribunals and recourse to domestic courts
(d) Exhaustion of local remedies
(e) Transparency in investor-State arbitration
(f) The review control of arbitral awards by treaty bodies and national courts
6 The Call for Enhanced Respect for Regulatory Freedom of Host States
Select Bibliography
XXXV The International Centre for Settlement of Investment Disputes
Select Bibliography
XXXVI Multilateral Investment Guarantee Agency
Select Bibliography
XXXVII The Interplay of Investment Protection and Other Areas of International Law
Select Bibliography
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
(a) Survey
(b) The European Monetary Union
5 ‘Eurodollars’ and other Eurocurrencies
Select Bibliography
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
(a) General obligations of members and the 2013 Surveillance Decision
(b) Factors for alert
(c) Limits on the IMF’s control and IMF consultations
6 Convertibility of Currencies and Restriction of Exchange Controls
(a) Current transactions
(b) Capital transfers under the IMF Agreement
(c) Freedom of payment and capital transfers under other universal or regional regimes
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
(a) Assistance in case of balance of payment problems
(b) Drawing on reserve tranches
(c) Credit facilities
(d) Conditionality
Select Bibliography
XL The World Bank and Other International Financial Institutions
1 The World Bank Group
(a) The World Bank (International Bank for Reconstruction and Development)
(b) The International Finance Corporation
(c) The International Development Association
2 Regional Development Banks and Other Regional Financial Institutions
3 The Bank for International Settlements
Select Bibliography
XLI Debt Crises and State Insolvency
1 The International Management of Debt Crises
2 Restructuring Sovereign Debt: The ‘Paris Club’ and the ‘London Club’
3 State Insolvency and International Law
(a) General aspects
(b) Necessity
(c) Collective restructuring of debts and objecting minority lenders
(d) Statutory mechanisms for restructuring sovereign debt
(e) Collective action clauses
(f) pari passu clauses
Select Bibliography
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
Select Bibliography
Further Material
Index
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Further Material
From:
Principles of International Economic Law (2nd Edition)
Matthias Herdegen
Previous Edition (1 ed.)
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
22 September 2016
ISBN:
9780198790563
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34.239.173.144