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International Law. Economic Relations. International Economy. International Economic Law This is where the $$$$$ is [private int’l law] Governs economic transactions that cross State boundaries or otherwise affect more than one State
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International Law Economic Relations
International Economy • International Economic Law • This is where the $$$$$ is [private int’l law] • Governs economic transactions that cross State boundaries or otherwise affect more than one State • Based almost entirely on bilateral and multilateral treaties based on quid pro quo • Customary law plays almost no part
International Economy • Bretton Woods Conference (1944) • Purpose: • Reduce tariffs and other barriers to trade • Minimize the economic conflicts among nations • Led to the creation of • International Monetary Fund (IMF) • International Bank for Reconstruction and Development (World Bank) • General Agreement on Tariffs and Trade (GATT)
International Economy • Move in international economy to establish regional economic commissions or organizations • Danger: Block vs. Block competition instead of worldwide cooperation
International Monetary Fund (IMF) • To expand trade and balance growth • IMF – 184 States • Exchange rate stability: promotes convertibility • Promotes international monetary cooperation • Balance of payments deficits • Foreign debt • Not a bank-maintains a system of buying and selling currencies
International Monetary Fund (IMF) • Voting based on contributions • US: 371,743 votes [17.5% of total vote] • East Timor: 332 votes • Another main purpose: loan to countries experiencing balance of payment difficulties • Not for specific projects
World Bank • 184 member states • Reconstruction and development funding • Promote private foreign investment • Promote balanced growth • Grants loans to developing countries for infrastructure and economic development • Debt forgiveness
International Economy • GATT • Establish rules and general principles liberalization of trade • Reduce custom barriers • Eliminate discriminatory treatment between states • Central principle: Most Favored Nation Clause • Exceptions: Tariffs on certain goods, free trade area, developing country preferences
World Trade Organization (WTO) • 148 members: A GATT replacement/child of • Administering WTO trade agreements • Forum for trade negotiations • Handling trade disputes • Monitoring national trade policies • Technical assistance and training for developing countries • Cooperation with other international organizations
World Trade Organization (WTO) • 5 fundamental principles: • Nondiscrimination through most-favored-nation treatment • Free fair trade • Consistent trade policies • Open and fair competition • Concessionary treatment for developing countries • i. e., free and fair flow of trade
International Economy • New International Economic Order (NIEO) • To increase the flow of finance to developing countries • $$$$ from North to South • A right • 0.7% of GNP • Demands too severe for developed countries: NIEO failed
International Economy • Expropriation • Should only be for public purposes • Should be accompanied by compensation • ‘prompt, adequate, and effective compensation’ • Charter of Economic Rights and Duties of States • ‘appropriate compensation should be paid…taking into account its relevant laws and regulations and all the circumstances that the State considers pertinent’
International Economy • Right to Develop • 1993 Vienna Human Rights Conference • The right to development is a ‘universal and inalienable right and an integral part of fundamental human rights’ • HDI