Concept and Scope There are different theories about the concept and scope of international economic law at home and abroad. Generally speaking, they can be divided into two categories: broad sense and narrow sense.
International economic law in a broad sense generally refers to laws that regulate international economic exchanges. Its scope includes all legal rules and systems on transactions and exchanges that transcend national boundaries and involve any economic interests, regardless of whether the subjects of transactions and exchanges are countries, international organizations or institutions, state-owned financial institutions (such as national central banks), or individuals, legal persons or multinational companies. Nor does it distinguish between international law and domestic law, public law and private law. Jurists who advocate this concept generally believe that international economic law is the general name of international law norms and domestic law norms of economic relations and economic organizations in the international community. They break the boundaries between legal departments and emphasize the interaction and mutual penetration between legal departments. Scholars of this school of international economic law pay special attention to studying practical legal issues from the perspective of the integration of various relevant laws and regulations, which is more practical for practical legal workers.
In a broad sense, the content of international economic law is very extensive, mainly including the following aspects: ① domestic legislation and international law on the economic status of foreigners. (2) The private law of international business transactions, including the law on sales, transportation and contract of goods, insurance law, company law and maritime law. (3) Domestic laws and regulations on international trade, such as tariff laws and regulations, domestic tax laws and regulations, import and export control laws and regulations, foreign exchange control laws and regulations, quality and packaging standards, etc. ④ Domestic legislation and international law on foreign investment, including the organization and liquidation of foreign investment, the treatment, protection and guarantee of investment (see the International Investment Law), nationalization and expropriation, methods for solving investment disputes and applicable laws. ⑤ International law and laws of international economic institutions on international trade system, international monetary and financial system and international institutional investment system, such as General Agreement on Tariffs and Trade, International Monetary Fund, World Bank, regional international development banks (such as Asian Development Bank) and international commodity agreements. These laws are formulated in the form of international treaties, which constitute treaty obligations between countries and belong to the category of public international law, and do not directly involve or bind individuals. ⑥ Laws on regional economic integration, such as European Economic Unity Law, Economic Mutual Assistance Committee Law and Andean Treaty Organization Law. ⑦ International tax law, including tax jurisdiction and laws to solve double taxation (see International Tax Law).
Narrow international economic law is a special department of public international law. All private law issues (such as international contracts for the sale of goods) and domestic law issues (such as domestic legislation on import and export management) involved in international trade and economic transactions are outside the scope of international economic law. This school pays more attention to the study of the theoretical system of international economic law. According to the narrow concept, the scope and content of international economic law mainly include the following aspects: ① About the legal status of citizens (natural persons) and legal persons in the economic field outside their country. ② Legal system of private foreign investment. (3) The legal system of international institutional investment mainly involves the organic laws of the World Bank and regional development banks, and the laws of their funding sources and operations. ④ Adjusting the legal system of international economic relations mainly includes the principles and rules of international law on international trade, finance and monetary relations. The Law on the International Monetary System involves the following issues: the rules of conduct of the international monetary system established according to the Articles of Agreement of the International Monetary Fund, its implementation and reform, and the regional monetary system. The legal system of international trade includes the principles embodied in the General Agreement on Tariffs and Trade (such as the principle of non-discrimination, multilateral MFN treatment and national treatment, universal and gradual reduction of tariffs, the system of prohibiting quantitative quotas, the principle of preventing competition in export trade, the principles involved in the system of customs union and free trade area, the system of safeguard measures and the principle of exemption from implementation, etc.). International commodity (primary product) agreements, producers' associations, comprehensive commodity programs, non-reciprocal preferential principles for adjusting trade relations between countries with different levels of development (developed and developing countries), international codes of conduct for prohibiting business practices that restrict competition, and elimination or reduction of non-tariff trade barriers. ⑤ Law on International Economic Organizations and Institutions, including organizational structure, decision-making procedures and scope of functions. ⑥ Legal system of regional economic integration. ⑦ International tax law, and so on.
International economic law and international economic order are closely related to international economic order. In fact, the two are inseparable, and the former serves the latter. The international economic order contains at least two meanings, that is, the value system recognized by all countries in the field of international economic relations, that is, the political, economic and social concept system that guides international economic relations. ② Adjusting the legal structure of international economic relations, also known as the legal order of international economic relations. From this perspective, international economic law can be said to be the legal aspect of the international economic order, that is, the legal embodiment of the political, economic and social concepts that guide the international economic order.
From a global perspective, the dominant economic order in international economic relations today is still the economic order established at the end of the Second World War. Its core content is the system established by the Bretton Woods Agreement, namely the Articles of Agreement of the International Monetary Fund (see the International Monetary Law), the Articles of Agreement of the International Bank for Reconstruction and Development and the General Agreement on Tariffs and Trade. Although this international economic order and the international economic law that served it played a role in the economic and international trade growth of the United States and other western countries after the Second World War, it hindered the economic development of developing countries and caused the gap between the rich and the poor in the North and the South to widen. Therefore, developing countries are striving to establish a fairer and more rational new international economic order. The basic ideas and contents of the new international economic order are embodied in 1974, the Declaration and Programme of Action for the Establishment of a New International Economic Order adopted by the Sixth United Nations Special Session, the Charter of Economic Rights and Duties of Countries adopted by the 29th United Nations General Assembly in the same year, 1975, the Resolution on Development and International Economic Cooperation adopted by the Seventh United Nations Special Session and 1980.
The concept of a new international economic order refers to promoting the economic and social progress of developing countries in today's world economic environment (see the International Development Law), and adjusting and changing the existing international economic structure that reflects the old international economic order. According to the declaration of the Fifth Summit of Non-Aligned Countries held in Colombo from 65438 to 0976, the basic goal of the new international economic order is to establish a balance based on justice, cooperation and respect for human dignity in international economic relations. The specific issues involved in the new international economic order mainly include: international aid, international trade, international monetary and financial issues, industrial issues, technology transfer and business practices.