目錄
PART Ⅰ Basic Theories of International Economic Law
1.Definition of International Economic Law and Its Characteristics
2.Subjects and Actors of International Economic Law
3.Sources of International Economic Law
3.1 International economic treaties
3.2 Customary international law
3.3 General principles of IEL
3.4 Resolutions made by intergovernmental organizations
3.5 Precedents and legal scholarship
3.6 Domestic regulations on external economic activities
4.Theories of International Relations and International Economic Law
5.Principles of International Economic Law
5.1 Economic sovereignty
5.2 Permanent sovereignty over natural resources
5.3 Equity and mutual benefit
5.4 Right to economic development
5.5 International cooperation for development
Chapter Review
Key Terms
Further Readings
PART Ⅱ World Trade Law
Chapter 1 Development of World Trade Organization and Its Institutional Structure
1.Origin of the GATT
2.Replacement of the GATT by the WTO
2.1 How WTO is different from the GATT
2.2 Mandates and functions of the WTO
2.3 Membership of the WTO
3.Institutional Structure of the WTO
4.Decision-Making of the WTO
5.The Covered Agreements of the WTO and the Attachments
5.1 Agreements on trade in goods
5.2 Agreements on trade in service
5.3 Agreement on Trade-Related Aspects of Intellectual Property
5.4 Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
5.5 Trade Policy Review Mechanism (TPRM)
5.6 Plurilateral agreements in sectors of civil aircraft and government procurement
5.7 Other agreements concluded in Doha Round
6.General Principles of the WTO
6.1 Most-favored-nation treatment and its exceptions
6.2 National treatment and its exceptions
6.3 Transparency
6.4 Free and fair trade
6.5 More favorable treatment to developing countries
Chapter Review
Key Terms
Further Readings
Chapter 2 GATT and Regulations on Trade in Goods
1.Customs Duties and Relevant Rules
1.1 Concept and types of customs duties
1.2 Tariff schedule
1.3 Tariff escalation
1.4 Determination of customs duty
2.Non-Tariff Barriers and Disciplines
3.Disciplines on Trade Remedies
3.1 Anti-dumping measures
3.2 Subsidy and countervailing measures
3.3 Safeguard measures
3.4 China』s challenge of anti-dumping and countervailing measures imposed by US and EU
4.Disciplines on Technical Trade Barriers and Sanitary and Phytosanitary Measures
4.1 Meaning of technical regulation and standard
4.2 Disciplines of Agreement on Technical Barriers to Trade
4.3 Sanitary and phytosanitary measures and disciplines
5.Exceptions
5.1 General exceptions
5.2 Balance of payment exception
5.3 Security exception
Chapter Review
Key Terms
Further Readings
Chapter 3 GATS and Rules on Trade in Service
1.Definition of Service and Modes of Service Supply
2.General Obligations in GATS and Exemptions
2.1 MFN treatment in GATS
2.2 Transparency
3.Progressive Liberalization and Specific Obligations in GATS
3.1 Market access
3.2 National treatment
4.Members』 Schedules
Chapter Review
Key Terms
Further Readings
Chapter 4 TRIPS and International Intellectual Property Conventions
1.TRIPS
1.1 Types of intellectual properties protected by TRIPS
1.2 Non-discriminatory principles of TRIPS
1.3 Enforcement of TRIPS
1.4 Anti-competitive practice and technology transfer
2.Paris Convention on Industrial Property Protection
2.1 National treatment
2.2 Priority right
2.3 Mutual independence of patents and trademarks in different countries of the Union
3.Berne Convention for the Protection of Copyright Literary and Artistic Works
4.Other Treaties on Intellectual Property Protection
Chapter Review
Key Terms
Further Readings
Chapter 5 The Crisis of the WTO and Proliferation of PTAs
1.Crisis Faced by the WTO and Possible Reforms
1.1 Factors frustrating the WTO』s trade negotiation and dispute settlement functions
1.2 Suggestions on reforms of the WTO
2.Evolvement and Proliferation of PTAs
Chapter Review
Key Terms
Further Readings
PART Ⅲ International Investment Law
Chapter 1 Domestic Rules Administrating Inward and Outward Investments
1.Domestic Rules Administrating Inward Investments
1.1 Restrictions on inward investments
1.2 Promotion and facilitation measures for inward investment
1.3 China』s domestic rules administrating inward investments
2.Domestic Rules Administrating Outward Investments
2.1 Measures promoting outward investment in the world
2.2 Development of China』s outward investment and its policies
Chapter Review
Key Terms
Further Readings
Chapter 2 Bilateral and Regional Investment Treaties
1.Development of Bilateral and Regional Investment Treaties
1.1 Development of international investment law
1.2 Concept of foreign direct investment and its difference with portfolio investment
1.3 Sources of international investment law
1.4 History of international investment law
1.5 Features of international investment treaties
2.Substantive Issues in Bilateral and Regional Investment Treaties
2.1 Statement of purpose of the treaties
2.2 Scope of application of IIAs
2.3 Market access of investment
2.4 Standard of treatment
2.5 Performance requirements
2.6 Repatriation of profits
2.7 Confiscation, expropriation and nationalization
2.8 Umbrella clause
3.Procedural Matters and Exceptions in Bilateral and Regional Investment Treaties
3.1 Investment dispute settlement mechanism
3.2 Exceptions
Chapter Review
Key Terms
Further Readings
Chapter 3 Multilateral Investment Treaties
1.Specialized Investment Organizations under the World Bank—MIGA and ICSID
2.Investment Provisions Adopted by the WTO
3.Other Attempts to Establish a Multilateral Investment Treaties
3.1 UNCTC』s Code of Conduct on Multinational Corporations
3.2 Multilateral Agreement on Investment
Chapter Review
Key Terms
Further Readings
PART Ⅳ International Monetary and Financial Law
Chapter 1 International Monetary Law
1.Introduction to Monetary Law
1.1 Definition and types of money and currency
1.2 State』s monetary sovereignty
2.European Monetary Union
3.International Monetary Fund
3.1 Development of IMF
3.2 The role and purpose of IMF
3.3 . Institutional issues of IMF
3.4 Quotas and subscriptions
3.5 Financial affairs of IMF
Chapter Review
Key Terms
Further Readings
Chapter 2 International Finance and Banking Law
1.International Finance
1.1 International commercial loans
1.2 Syndicate loans
1.3 Project finance
2.International Banking Supervision
2.1 Bank risks in international finance
2.2 Basel Committee and Basel Accords
Chapter Review
Key Terms
Further Readings
PART Ⅴ International Taxation Law
1.Tax Jurisdiction
1.1 Resident jurisdiction
1.2 Source jurisdiction
2.International Double Taxation
2.1 Causes of double taxation
2.2 Unilateral measures to avoid double taxation
2.3 Tax treaties
3.Cross-Border Tax Evasion
3.1 Causes of tax evasion
3.2 Measures against tax evasion
3.3 Bilateral, regional and multilateral efforts to deter tax avoidance
Chapter Review
Key Terms
Further Readings
PART Ⅵ International Rules on Dispute Settlement
1.Methods of Solving International Economic and Trade Disputes
1.1 Local remedies
1.2 Diplomatic protection
1.3 Negotiation, conciliation and mediation
2.Specific Methods of Solving Investment Disputes
2.1 Contract-based arbitration between investor and state
2.2 State-state arbitration
2.3 Emergency of ISDS and its significance
2.4 Constraint to the ISDS and MFN clauses
2.5 Appointment of arbitrators
2.6 Review of the decisions
2.7 Other procedural issues
2.8 Reforms of ISDS by investment court system
3.Dispute Settlement Mechanism in WTO
3.1 Approaches of trade dispute settlement provided by the WTO
3.2 How is a dispute settled
Chapter Review
Key Terms
Further Readings
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