Добавил:
Upload Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз: Предмет: Файл:
Билеты 11-20.doc
Скачиваний:
2
Добавлен:
17.09.2019
Размер:
88.58 Кб
Скачать

11. The structure of international economic law.

international economic law has a rather complex structure, formed of separate subsystems and legal institutions. As in every field of law, the IEP system primary elements of the principles and standards, and related to them are grouped in legal institutions. Depending on the content of relations governed by the IEP, you can single out international trade law, international monetary law, international transport law, and complex rules that are designed to regulate international legal relations of industrial and agricultural cooperation, cooperation in science and technology and others.

International Economic Law is based on general and specific principles. The general principle of peaceful coexistence are the principle of sovereign equality of States, the principle of cooperation of States, non-interference principle, the principle of good faith compliance with international obligations, the principle of mutual benefit and so on.

The special principles include the principle of international economic and scientific-technical relations between states, the principle of legal equality and economic discrimination of inadmissibility, the principle of freedom of choice forms of foreign economic relations, the principle of the inalienable sovereignty of States over their natural and other resources, and economic activity, the principle of MFN, national treatment principle.

Legal rules and principles of the IEP are embodied in the sources of international economic law, which differs significantly originality. These include international treaties (agreements), customs, judicial precedents and international acts, including international economic organizations. However, the said sources form a system of sources of international economic law is the legal form of embodiment, the expression of rules and principles of international economic law. Thus, when the sources of international economic law should understand the system of international treaties (agreements), international legal practices, international codes of conduct and decisions of international organizations, etc., which find their legal consolidation rules and principles of international economic law.

The most common among the main sources of MEP is an international agreement, including international economic agreement.

12. Concept understanding the nature of international economic law.

For the settlement of international economic relations are the norms of international economic law (IEP). There are several concepts of international economic law.

In the western legal literature there are many concepts MEP, among which the most clearly distinguished the two. First - this concept of the English lawyer G. Shvartsenberhera, who argued that international economic law - the branch of public international law. It includes the following components: 1) the possession of natural resources and their exploitation, 2) production and distribution of goods, and 3) international agreements are not visible economic or financial nature, 4) Loans and Finance, 5) appropriate services, 6) status and the organization of sub 'facilities engaged in such activities. G. Shvartsenberher emphasized that international economic law covers only the economic aspects, which are subject to influence international public law, and excluded the internal control because it does not create the same for all of the rules and principles.

The second concept outlined by German lawyers P. Fischer and B. Fikentsherom. In particular, according to Mr. Fisher, the IEP must include a system and rules of domestic law governing the international economic activity. A. Fikentsher, by two-volume work "Commercial Law" (1983), believes that any rule of law relating to international economics, is a norm of international economic law.

According to this concept in the system of international economic law includes not only norms of international public but also private international law, national norms governing international economic relations. This concept can be viewed critically for the following reasons. First of all, not excluding the possibility of using national legislation to regulate the relationship, for example, about the use of foreign currency investments, international transport and some others can not be said or to tend to that national legal rules is a unique instrument for regulating international relations. Rather we can say that this is an exception to the general rule as an absolute majority of international economic relations are governed by relevant rules and principles of international law. This is due to the fact that this sort of legal entities, namely the state, their communities, international organizations, relations between them are governed by international law and in particular the rules of international economic law.