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International Economic Law: Lectures MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE National Technical University of Ukraine “Igor Sikorsky Kyiv Polytechnic Institute” S.V. Saloid, K.Yu. Redko, INTERNATIONAL ECONOMIC LAW: LECTURES Recommended by the Methodical Council of Igor Sikorsky Kyiv Polytechnic Institute as a textbook for foreign students studying in the specialty 051 «Economy» Kyiv 2020 2 Reviewer Fartushnyy Ivan, candidate of physical and mathematical sciences. Assistant Professor. National Technical University of Ukraine “Igor Sikorsky Kyiv Polytechnic Institute” Responsible Dergachova Viktoriia, Head of Management Department editor Professor, Doctor of Sciences (Economics), Professor. National Technical University of Ukraine “Igor Sikorsky Kyiv Polytechnic Institute” The Grief is provided by the Methodical Council of Igor Sikorsky Kyiv Polytechnic Institute (protocol number 9 from 30.04.2020 year) on submission of the Academic Council of the Faculty of Management and Marketing (protocol № 8 from 27.04. 2020 ). Electronic network educational edition Saloid Stanislav Vasylovuch, PhD, accossiate professor Redko Kateryna Yuriivna, PhD, senior lecturer International economic law: lectures International economic law: lectures [Electronic Resource]: Teaching manual for the students Specialty 051 "Economics" / S.V. Saloid, K. Yu. Redko; Igor Sikorsky Kyiv Polytechnic Institute - Electronic text data (1 file: 76 KB). – Kyiv: Igor Sikorsky Kyiv Polytechnic Institute, 2020. - 50 p. Interdisciplinary Relations: The discipline "International Economic Law" is based on the discipline "International Economic Activity of Ukraine" International Economic Law, in turn, is the basis for teaching such courses as International Consulting and International Insurance. S.V. Saloid, K. Yu. Redko, 2020 Igor Sikorsky Kyiv Polytechnic Institute, 2020 3 CONTENTS Topic 1. Subject matter, methods and system of international economic law ......... 4 Topic 2. Principles of international legal regulation of international economic relations ..................................................................................................................... 7 Topic 3. International economic organizations ....................................................... 13 Topic 4. International economic agreements .......................................................... 24 Topic 5. International currency law ........................................................................ 30 Topic 6. International customs law ......................................................................... 36 Topic 7. Legal regulation of foreign economic activities in ukraine ...................... 41 References ............................................................................................................... 50 4 TOPIC 1. SUBJECT MATTER, METHODS AND SYSTEM OF INTERNATIONAL ECONOMIC LAW Educational issues 1. The concept of international economic law and modern doctrines of international economic law. 2. The subject of international economic law. 3. Methods of international economic law. 4. The system of international economic law. 5. Institutions of International Economic Law. Basic concepts: international economic relations, international economic law, state cooperation, international legal regulation, subject and methods of international economic law, system and institutions of international economic law 1. The concept of international economic law and modern doctrines of international economic law The progressive intensification of the expansion and deepening of diverse economic relations between peoples, states and continents has led to the emergence and rapid formation of a relatively new branch of modern international law - international economic law. As a concept, it is a set of principles and norms that govern the various economic relations of international character. International law is an indispensable tool for organizing international economic relations. It is a conscious coherent influence of states on their development in the right direction. International economic law is an area of public international law that is a set of principles and norms governing relations between states and other entities of international law and is their agreed will. The rules of international economic law are aimed at facilitating the free exercise by States of their sovereign rights in the field of international economic relations, equal cooperation of states irrespective of socio-economic systems and political regimes, economic progress of the planet as a whole and developing countries, in particular. Subjects of International Economic Law - the State and similar entities; - Legal intergovernmental organizations The objectives of international economic law are: - Promoting the free exercise by States of their sovereign rights in international economic relations. - Equal cooperation between states, regardless of their socio-economic systems and political regimes. There are two concepts of international economic law. 5 According to the first concept, international economic law is an area of public international law, and the economic relations of subjects of international law is its subject. G. Schwarzenberger, J. Brownlee (UK) adhere to this concept, P. Verloren van Temaat (Netherlands), V. Levy (USA), P. Weil (France), P. Picone (Italy), I. Peretersky, M. Boguslavsky, G. Tunkin, D. Feldman, E. Usenko, G. Buvailik, V. Lisovsky (Russia). According to Schwarzenberger, international economic law has the following components: the possession of natural resources and their use; production and distribution of goods; "Invisible" international agreements of an economic or financial nature; loans and finances; appropriate services; the status and organization of the entities engaged in such activities. International economic law covers only those economic aspects which are the subject of influence of public international law. The Dutch lawyer P. Temaat believed that international economic law cannot be counted against the rules of national foreign economic law and the rules of private international law. The second concept is more common. According to her, international economic law is regarded not only as a branch of public law, but also of international private law, as a branch not only of public international law, but also part of national law. Proponents of this concept believe that international economic law extends not only to public law but also to private entities involved in commercial relations; that go beyond one state. Known adherents of this concept are, for example, A. Levenfeld (USA), G. Eller, V. Fiktsensher, P. Fisher (Germany), V. Friedman, E. Petersman (United Kingdom), and P. Reiter (France). etc. The second concept has a lot in common with the theories of transnational law aimed at equalizing states and transnational corporations as subjects of international law. 2. The subject of international economic law International law is an indispensable tool for organizing international economic relations. It is a conscious concerted influence of states on their development in the right direction. At the beginning of XX century. International public law in the field of economics has elaborated a number of specific principles, institutions and international legal doctrines. Special principles: - level opportunities; -open doors; - most favored mode; - national regime; - surrender. With the emergence of new forms of international economic cooperation, new (except trade) types of international economic agreements have emerged. Numerous international economic organizations have been established. In the second half of XX century. Two international organizations have been set up in Europe with the aim of economically integrating their members, the Council of Economic Mutual 6 Assistance and the European Economic Community. In October 1947, for the first time in human history, a multilateral trade agreement - the General Agreement on Tariffs and Trade (GATT) - was concluded. Some international experts believe that international economic law in the early 70's of XX century. was an independent area of public international law. Although there are other opinions: some believe that international economic law, as an area of public international law, is in the making. The subject of international economic law is international economic relations: both bilateral and multilateral. Within the framework of international economic law, international relations are considered relations between states and other subjects of public international law. Economic relations are commercial in the broad sense. Therefore, all relations in the field of public international law, where a commercial element is present, are within the scope of international economic law. The subject of international economic law are the following groups of relations: - international contractual relations; - international monetary relations; - international credit relations; - international customs relations; - international investment relations; - international transport relations; - relations of cooperation in the sphere of industry and agriculture; - relations in the field of scientific and technical cooperation. 3. Methods of international economic law There are two methods in international economic law: the conflict method, the substantive method. Conflict method - does not regulate the legal relations of the entities in essence, but only specifies the rules of which legal system is subject to application. Conflict method involves the application of
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