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Contents
- Preliminary Material
- Acknowledgements
- Table of Contents
- List of Abbreviations
- 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
- XIX Miscellaneous Cases
- Table of International Treaties and Conventions
- Table of National Legislation
- Main Text
- Part I Contents, History, and Structure of International Economic Law
- I The Law of International Economic Relations: Contents and Structure
- 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
- 4 The Regional Integration of Markets
- 5 Globalization of Economic Relations: Chances, Risks, and Asymmetries
- Select Bibliography
- III The Actors of International Economic Law
- 1 Subjects of International Law vs Actors in International Economic Relations
- 2 States
- 3 State Enterprises
- 4 International Organizations
- 5 Non-institutionalized Forums of Cooperation in Economic Relations
- 6 International Inter-Agency Cooperation
- 7 Non-governmental Organizations
- 8 Private Corporations and Codes of Conduct for Transnational Corporations
- Select Bibliography
- IV The Legal Sources of International Economic Law
- Part II International Economic Law as an Order of Rules and Principles
- V Basic Principles of the International Economic Order
- 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
- 4 The Treatment of Foreign Persons
- 5 Diplomatic Protection
- 6 National Economic Law and its Extraterritorial Application
- 7 Criteria for Exercising Jurisdiction: Legitimating Links
- 8 The Extraterritorial Application of National Law
- (a) Current practice and its implications
- (b) The ‘effects doctrine’
- (c) Conflicts of jurisdiction
- (d) Balancing regulatory interests
- (e) Application and forms of considering foreign trade law
- (f) Direct application of foreign public laws (‘overriding mandatory rules’)
- (g) Deferential application of domestic law in the light of foreign public law
- (h) Consideration of foreign public law as fact (‘datum’)
- (i) Specifics of ‘cyberspace regulation’
- Select Bibliography
- VII Human Rights and International Economic Relations
- 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
- 7 The Law of Biotechnology
- Select Bibliography
- IX Good Governance—The Internal Structure of States and Global Economic Integration
- X Dispute Settlement
- 1 Mechanisms of International Dispute Settlement
- 2 International Commercial Arbitration
- 3 Jurisdiction of National Courts
- 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
- XII The World Trade Organization
- XIII The Multilateral and the Plurilateral Agreements on Trade
- XIV The GATT
- 1 Objectives and Basic Principles
- 2 Most-Favoured-Nation Treatment
- 3 National Treatment
- 3A The Reduction of Tariffs and Non-Tariff Barriers to Trade
- 4 General Exceptions (Article XX of the GATT) and Security Exceptions (Article XXI 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) Security exceptions (Article XXI of the GATT)
- 5 Safeguard Measures (Article XIX of the GATT)
- 6 Waivers
- 7 Burden of Proof
- Select Bibliography
- XV The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS)
- XVI The Agreement on Technical Barriers to Trade
- XVII The General Agreement on Trade in Services (GATS)
- XVIII The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
- XIX Subsidies and Anti-dumping Measures
- XX Dispute Settlement in the WTO
- XXI WTO Law in Broader Perspective: The Interplay with Other Regimes of International Law
- XXII WTO Law in Domestic Law
- 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
- 3 EFTA and the European Economic Area
- 4 The North American Free Trade Agreement (NAFTA)
- 5 Regional Integration in South America
- 6 Regional Integration in Central America and the Caribbean
- 7 Regional Integration in Asia and the Pacific
- 8 Regional Integration in Africa
- 9 Bilateral Trade Agreements of the European Union and of the United States
- Select Bibliography
- Part IV International Business Law
- XXIV International Sales and Contract Law
- XXV Letters of Credit
- XXVI International Building and Construction Contracts
- XXVII International Company, Competition, and Tax Law
- XXVIII International Accounting Standards
- XXIX International Competition Law
- XXX International Tax Law
- Part V The International Law of Foreign Investment
- XXXI Foreign Investment in Practice
- XXXII Customary International Law
- XXXIII Concessions and Investment: Agreements between States and Foreign Companies
- XXXIV Treaties on Investment Protection
- XXXV The International Centre for Settlement of Investment Disputes
- XXXVI Multilateral Investment Guarantee Agency
- XXXVII The Interplay of Investment Protection and Other Areas of International Law
- Part VI International Monetary Law and the International Financial Architecture
- XXXVIII International Monetary Law and International Economic Relations
- 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
- 6 Convertibility of Currencies and Restriction of Exchange Controls
- 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
- Select Bibliography
- XL The World Bank and Other International Financial Institutions
- XLI Debt Crises and State Insolvency
- XLII International Regulation of the Banking Sector
- Part I Contents, History, and Structure of International Economic Law
- Further Material
