Search

Volume XVII: State and Economy | Chapter 22 (1989): Foreign Commerce and Investment in Market Economy Countries Completed Spring 1987 Hugo J. Hahn and Ludwich Gramlich A. Basic Rules of International Commerce 23. Preliminary remark. – Before discussing the forms of governmental regulation of border-crossing commerce in s. 32–46, we shall now concentrate on certain functional principles of the international law of commerce. They provide the framework for interventions in international transactions.1 24. Nondiscrimination – Basis and scope. – Certainly the most abstract pr…

Volume XVII: State and Economy | Chapter 21 (1989): Foreign Commerce and Investment – General Observations Completed in March 1986 Hugo J. Hahn and Ludwich Gramlich 1. Law on foreign and international commerce. – The conduct of parties involved in foreign commerce and foreign investment is, in general, governed by several legal regimes: (1) By legal rules that the appropriate institutions of individual states enact in the form of domestic laws on foreign commerce; in addition, (2) by the legal instruments of international publ…

Volume XVII: State and Economy | Chapter 22 (1989): Foreign Commerce and Investment in Market Economy Countries Completed Spring 1987 Hugo J. Hahn and Ludwich Gramlich A. Legal Issues of International Investments i. The Concept of International Investment 62. Economic and legal definitions of investments. – The legal term investment (investissement, Investition) did not appear, at least in the international context, until after the Second World War. That term has replaced, also due to the international economic changes, the older expressions foreign property and foreign assets.1…

Volume XVII: State and Economy | Chapter 22 (1989): Foreign Commerce and Investment in Market Economy Countries Completed Spring 1987 Hugo J. Hahn and Ludwich Gramlich 98. “ Old” v. “ new” international economic order? – (1) The “neo-liberal” economic world order was established toward the end of the Second World War and in the first postwar years. At the same time, a worldwide economic and currency system was created by GATT and the International Monetary Fund (IMF). Since this immediate postwar period changes have taken place …

Volume XVII: State and Economy | Chapter 22 (1989): Foreign Commerce and Investment in Market Economy Countries Completed Spring 1987 Hugo J. Hahn and Ludwich Gramlich A. Special Features of (Foreign) Economic Law i. Fundamental Structural Problems 14. The relationship between government and society. – The term economic law as a category for the body of law which covers state regulation and manipulation of the market is a relatively new term.1 The economic principles of mercantilism had already attempted, however, to integrate theoretical conceptions about economi…

Volume XVII: State and Economy | Chapter 21 (1989): Foreign Commerce and Investment – General Observations Completed in March 1986 Hugo J. Hahn and Ludwich Gramlich A. Public International Law 11. Public international law setting. – The reciprocal connections between public international law and domestic law in the field of foreign commerce are exceedingly intimate and complex. To begin with, every provision of a state’s law on foreign commerce is based upon the international law principle of territorial sovereignty, which endows every state with the …

Volume XVII: State and Economy | Chapter 22 (1989): Foreign Commerce and Investment in Market Economy Countries Completed Spring 1987 Hugo J. Hahn and Ludwich Gramlich A. Basic Concepts 1. Fundamental principles. – Legal rules governing border-crossing, foreign commerce relations exist in all types of states regardless of the specific form of social organization and governmental structure.1 As soon as a politically organized community interacts with the rest of the world, it engages in economic relationships with aliens. In the era of the United Nati…

Volume XVII: State and Economy | Chapter 21 (1989): Foreign Commerce and Investment – General Observations Completed in March 1986 Hugo J. Hahn and Ludwich Gramlich A. Historical Outline1 6. The true beginnings of state control of foreign commerce lie in mercantilism. It is the economic complement to the modem territory-based state mainly developed in Western Europe after the 14th century, which is characterized by the idea of a deliberate direction also of foreign commerce operations in order to produce the greatest possib…