国际经济法

CONTENTS
PART Ⅰ?Basic Theories of International Economic Law 1
1. Definition of International Economic Law and Its Characteristics 1
2. Subjects and Actors of International Economic Law 5
3. Sources of International Economic Law 6
3.1 International economic treaties 7
3.2 Customary international law 8
3.3 General principles of IEL 9
3.4 Resolutions made by intergovernmental organizations 9
3.5 Precedents and legal scholarship 10
3.6 Domestic regulations on external economic activities 12
4. Theories of International Relations and International Economic Law 13
5. Principles of International Economic Law 15
5.1 Economic sovereignty 15
5.2 Permanent sovereignty over natural resources 16
5.3 Equity and mutual benefit 18
5.4 Right to economic development 18
5.5 International cooperation for development 18
Chapter Review 19
Key Terms 20
Further Readings 20
PART Ⅱ?World Trade Law 21
Chapter 1?Development of World Trade Organization and Its Institutional Structure 21
1. Origin of the GATT 22
2. Replacement of the GATT by the WTO 25
2.1 How WTO is different from the GATT 26
2.2 Mandates and functions of the WTO 27
2.3 Membership of the WTO 27
3. Institutional Structure of the WTO 28
4. Decision-Making of the WTO 31
5. The Covered Agreements of the WTO and the Attachments 32
5.1 Agreements on trade in goods 32
5.2 Agreements on trade in service 32
5.3 Agreement on Trade-Related Aspects of Intellectual Property 33
5.4 Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) 34
5.5 Trade Policy Review Mechanism (TPRM) 34
5.6 Plurilateral agreements in sectors of civil aircraft and government procurement 35
5.7 Other agreements concluded in Doha Round 35
6. General Principles of the WTO 36
6.1 Most-favored-nation treatment and its exceptions 36
6.2 National treatment and its exceptions 40
6.3 Transparency 41
6.4 Free and fair trade 42
6.5 More favorable treatment to developing countries 42
Chapter Review 45
Key Terms 46
Further Readings 47
Chapter 2?GATT and Regulations on Trade in Goods 48
1. Customs Duties and Relevant Rules 48
1.1 Concept and types of customs duties 48
1.2 Tariff schedule 49
1.3 Tariff escalation 50
1.4 Determination of customs duty 51
2. Non-Tariff Barriers and Disciplines 56
3. Disciplines on Trade Remedies 57
3.1 Anti-dumping measures 58
3.2 Subsidy and countervailing measures 67
3.3 Safeguard measures 75
3.4 China’s challenge of anti-dumping and countervailing measures imposed by US and EU 80
4. Disciplines on Technical Trade Barriers and Sanitary and Phytosanitary Measures 87
4.1 Meaning of technical regulation and standard 87
4.2 Disciplines of Agreement on Technical Barriers to Trade 89
4.3 Sanitary and phytosanitary measures and disciplines 95
5. Exceptions 98
5.1 General exceptions 98
5.2 Balance of payment exception 107
5.3 Security exception 109
Chapter Review 111
Key Terms 112
Further Readings 113
Chapter 3?GATS and Rules on Trade in Service 114
1. Definition of Service and Modes of Service Supply 115
2. General Obligations in GATS and Exemptions 116
2.1 MFN treatment in GATS 116
2.2 Transparency 118
3. Progressive Liberalization and Specific Obligations in GATS 118
3.1 Market access 118
3.2 National treatment 119
4. Members’ Schedules 119
Chapter Review 122
Key Terms 122
Further Readings 123
Chapter 4?TRIPS and International Intellectual Property Conventions 124
1. TRIPS 125
1.1 Types of intellectual properties protected by TRIPS 125
1.2 Non-discriminatory principles of TRIPS 131
1.3 Enforcement of TRIPS 132
1.4 Anti-competitive practice and technology transfer 134
2. Paris Convention on Industrial Property Protection 136
2.1 National treatment 137
2.2 Priority right 137
2.3 Mutual independence of patents and trademarks in different countries of the Union 138
3. Berne Convention for the Protection of Copyright Literary and Artistic Works 138
4. Other Treaties on Intellectual Property Protection 140
Chapter Review 143
Key Terms 144
Further Readings 144
Chapter 5?The Crisis of the WTO and Proliferation of PTAs 146
1. Crisis Faced by the WTO and Possible Reforms 147
1.1 Factors frustrating the WTO’s trade negotiation and dispute settlement functions 147
1.2 Suggestions on reforms of the WTO 150
2. Evolvement and Proliferation of PTAs 155
Chapter Review 160
Key Terms 160
Further Readings 160
PART Ⅲ?International Investment Law 161
Chapter 1?Domestic Rules Administrating Inward and Outward Investments 161
1. Domestic Rules Administrating Inward Investments 161
1.1 Restrictions on inward investments 162
1.2 Promotion and facilitation measures for inward investment 165
1.3 China’s domestic rules administrating inward investments 168
2. Domestic Rules Administrating Outward Investments 173
2.1 Measures promoting outward investment in the world 173
2.2 Development of China’s outward investment and its policies 174
Chapter Review 176
Key Terms 176
Further Readings 176
Chapter 2?Bilateral and Regional Investment Treaties 177
1. Development of Bilateral and Regional Investment Treaties 177
1.1 Development of international investment law 177
1.2 Concept of foreign direct investment and its difference with portfolio investment 178
1.3 Sources of international investment law 180
1.4 History of international investment law 181
1.5 Features of international investment treaties 186
2. Substantive Issues in Bilateral and Regional Investment Treaties 187
2.1 Statement of purpose of the treaties 187
2.2 Scope of application of IIAs 188
2.3 Market access of investment 190
2.4 Standard of treatment 193
2.5 Performance requirements 204
2.6 Repatriation of profits 207
2.7 Confiscation, expropriation and nationalization 207
2.8 Umbrella clause 215
3. Procedural Matters and Exceptions in Bilateral and Regional Investment Treaties 216
3.1 Investment dispute settlement mechanism 216
3.2 Exceptions 217
Chapter Review 218
Key Terms 219
Further Readings 220
Chapter 3?Multilateral Investment Treaties 221
1. Specialized Investment Organizations under the World Bank—MIGA and ICSID 221
2. Investment Provisions Adopted by the WTO 223
3. Other Attempts to Establish a Multilateral Investment Treaties 226
3.1 UNCTC’s Code of Conduct on Multinational Corporations 226
3.2 Multilateral Agreement on Investment 228
Chapter Review 230
Key Terms 230
Further Readings 231
PART Ⅳ?International Monetary and Financial Law 232
Chapter 1?International Monetary Law 232
1. Introduction to Monetary Law 232
1.1 Definition and types of money and currency 233
1.2 State’s monetary sovereignty 234
2. European Monetary Union 236
3. International Monetary Fund 241
3.1 Development of IMF 241
3.2 The role and purpose of IMF 242
3.3. Institutional issues of IMF 243
3.4 Quotas and subscriptions 243
3.5 Financial affairs of IMF 244
Chapter Review 248
Key Terms 249
Further Readings 249
Chapter 2?International Finance and Banking Law 250
1. International Finance 250
1.1 International commercial loans 250
1.2 Syndicate loans 251
1.3 Project finance 253
2. International Banking Supervision 254
2.1 Bank risks in international finance 254
2.2 Basel Committee and Basel Accords 255
Chapter Review 258
Key Terms 258
Further Readings 258
PART Ⅴ?International Taxation Law 259
1. Tax Jurisdiction 259
1.1 Resident jurisdiction 260
1.2 Source jurisdiction 261
2. International Double Taxation 262
2.1 Causes of double taxation 262
2.2 Unilateral measures to avoid double taxation 263
2.3 Tax treaties 266
3. Cross-Border Tax Evasion 269
3.1 Causes of tax evasion 269
3.2 Measures against tax evasion 270
3.3 Bilateral, regional and multilateral efforts to deter tax avoidance 272
Chapter Review 275
Key Terms 275
Further Readings 276
PART Ⅵ?International Rules on Dispute Settlement 277
1. Methods of Solving International Economic and Trade Disputes 277
1.1 Local remedies 278
1.2 Diplomatic protection 279
1.3 Negotiation, conciliation and mediation 279
2. Specific Methods of Solving Investment Disputes 281
2.1 Contract-based arbitration between investor and state 282
2.2 State-state arbitration 283
2.3 Emergency of ISDS and its significance 283
2.4 Constraint to the ISDS and MFN clauses 285
2.5 Appointment of arbitrators 287
2.6 Review of the decisions 287
2.7 Other procedural issues 288
2.8 Reforms of ISDS by investment court system 289
3. Dispute Settlement Mechanism in WTO 291
3.1 Approaches of trade dispute settlement provided by the WTO 292
3.2 How is a dispute settled 293
Chapter Review 300
Key Terms 301
Further Readings 302