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Matthias Herdegen - Principles of International Economic Law

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Matthias Herdegen Principles of International Economic Law
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Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context.
Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20.
This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

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PRINCIPLES OF INTERNATIONAL ECONOMIC LAW
Principles of International Economic Law
Second Edition

MATTHIAS HERDEGEN

Principles of International Economic Law - image 1

Principles of International Economic Law - image 2

Great Clarendon Street, Oxford, OX2 6DP,

United Kingdom

Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries

Matthias Herdegen 2016

The moral rights of the author have been asserted

First Edition published in 2013

Second Edition published in 2016

Impression: 1

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above

You must not circulate this work in any other form and you must impose this same condition on any acquirer

Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queens Printer for Scotland

Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America

British Library Cataloguing in Publication Data

Data available

Library of Congress Control Number: 2016936068

ISBN 9780198790563 (hbk.)

ISBN 9780198790570 (pbk.)

eISBN 9780192507853

Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

Acknowledgements

This book owes much insight, stimulus, and encouragement to many, in all the years of research, teaching, and advisory practice in international economic law. Colleagues and students alike on both sides of the Atlantic broadened and deepened the authors sensitivity to the interplay between international economic law in the traditional sense and other legal regimes, especially human rights and environmental law as well as for the balance between universal or regional standards and proper deference to local or national values in all their diversity.

The same holds true for a leitmotif of the book, the contribution of modern international economic law to rationality, to the rule of law, and other aspects of good governance. The new edition reflects recent developments in many fields. In particular, world trade law, (mega-)regional agreements, corporate social responsibility, and environmental law are areas of considerable and persistent dynamics. On the global and regional levels we see tectonic changes in the architecture of monetary law and the financial system.

My particular thanks go to present or former research assistants at my chair at the University of Bonn, in particular to Carsten Kalla LLM (Columbia).

M.H.

Table of Contents

Cases are listed alphabetically under the relevant court or tribunal.

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 WTOS APPELLATE BODY
X. CASES BROUGHT BEFORE THE WTOS PANELS
XI. IRANUS 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 (BUNDESGERICHTSHOFBGH)
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

Treaties and Conventions are listed in alphabetical order.

Legislation is listed alphabetically under the relevant country.

AUSTRIA
BOLIVIA
ECUADOR
EUROPEAN UNION
FRANCE
GERMANY
UNITED KINGDOM
UNITED STATES
VENEZUELA
ACLaw Reports, Appeal Cases (Third Series)
AfCHPRAfrican Court on Human and Peoples Rights
AFDIAnnuaire Franais de Droit International
AIDIAnnuaire de lInstitut de Droit International (Yearbook of the Institute of International Law)
AJILAmerican Journal of International Law
All ERAll England Law Reports
Am Rev Intl ArbAmerican Review of International Arbitration
Am U Intl L RevAmerican University International Law Review
Am UJ Intl L & PolyAmerican University Journal of International Law and Policy
Antitrust LJAntitrust Law Journal
Arb IntlArbitration International
Ariz J Intl & Comp LArizona Journal of International and Comparative Law
ASEANAssociation of Southeast Asian Nations
ASILAmerican Society of International Law
AVRArchiv des Vlkerrechts
BCCIBank of Credit and Commerce International
BCSCBritish Columbia Supreme Court
Berk J Intl LBerkeley Journal of International Law
BGHFederal Court of Justice, Germany (Bundesgerichtshof )
BGHZEntscheidungen des Bundesgerichtshofes in Zivilsachen (Decisions of the German Federal Court of Justice for civil matters)
BISBank for International Settlements
BLCRBoston College Law Review
Brooklyn J Intl LBrooklyn Journal of International Law
BTLJBerkley Technology Law Journal
BU Intl LJBoston University International Law Journal
BULRBoston University Law Review
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