LEGAL PROBLEMS OF INTERNATIONAL ECONOMIC RELATIONS CASESPDF电子书下载

PART Ⅰ. THE LEGAL STRUCTURE OF THE REGULATION OF INTERNATIONAL ECONOMICS 1

SUB-PART A: INTRODUCTION 1

CHAPTER 1. THE POLICIES OF INTERNATIONAL ECONOMIC RELATIONS 1

1.1 Introduction: Economic Interdependence and What It Means 1

1.2 Economics and the Policies of Trade 5

1.3 General Policy Objectives: Political Goals and International Economic Policy 20

1.4 Some Historical Perspectives 24

CHAPTER 2. THE TRANSACTIONS OF INTERNATIONAL COMMERCE 33

2.1 Introduction 33

2.2 The International Sales Transaction 35

2.3 Financing International Sales 57

2.4 Disputes and Enforcement of Foreign Judgments 63

2.5 Representatives Abroad: Agency and Corporate Law 68

2.6 International Efforts to Unify Law 70

SUB-PART B. NATIONAL REGULATION OF INTERNATIONAL ECONOMIC TRANSACTIONS 75

CHAPTER 3. THE UNITED STATES CONSTITUTION AND REGULATION OF INTERNATIONAL ECONOMIC AFFAIRS 75

3.1 Introduction to Sub-part B and Chapter 3 75

3.2 The President's "Inherent" Powers 78

3.3 The Courts and Foreign Relations 120

CHAPTER 3. THE UNITED STATES CONSTITUTION AND REGULATION OF INTERNATIONAL ECONOMIC AFFAIRS—CONTINUED 128

3.4 Congress and Its Work: The Trade Act of 1974 as a Case Study 128

3.5 Federal-State Relations and United States International Economic Regulations 166

CHAPTER 4. UNITED STATES REGULATION OF INTERNATIONAL ECONOMIC AFFAIRS 191

4.1 Introduction 191

4.2 The President's Power to Regulate International Economic Affairs 195

4.3 International Agreements in United States Domestic Law 252

4.4 Reach of National Regulation 273

CHAPTER 5. NATIONAL GOVERNMENT REGULATION ; THE EUROPEAN ECONOMIC COMMUNITIES 279

5.1 Introduction: Foreign Government Regulation of International Economic Transactions 279

5.2 The EEC Legal System and International Trade 281

5.3 EEC Autonomous Regulation of International Trade 317

5.4 EEC External Trade Relations: The Treaty Making Power 324

5.5 Member States of the EEC and International Trade Regulation 334

5.6 Other Governments 342

SUB-PART C. INTERNATIONAL REGULATION: THE BRETTON WOODS SYSTEM 352

CHAPTER 6. INTERNATIONAL ECONOMIC REGULATION AND THE BRETTON WOODS SYSTEM 352

6.1 Introduction to International Economic Institutions 352

6.2 International Law: Role of Custom and Treaties-Individual Rights and State Responsibility 353

6.3 International Norms of Economic Relations 362

6.4 Multilateral Economic Relations and the Bretton Woods System 383

CHAPTER 7. THE GENERAL AGREEMENT ON TARIFFS AND TRADE 396

7.1 International Regulation of Trade Relationships 396

7.2 Legal Problems of Applying GATT 401

7.3 The GATT Contracting Parties: Decisions and Power 410

7.4 Membership of GATT 420

7.5 Dispute Resolution and Sanction in the GATT 422

7.6 The International Economic Regulatory System Viewed as a Whole: Problems to Consider 430

CHAPTER 8. IMPORT RESTRAINTS: THEIR POLICIES AND REGULATION 433

8.1 Introduction 433

8.2 Legal Problems of National Tariffs 450

8.3 GATT and International Tariff Commitments: The "Bindings" 469

8.4 Quotas and Their Application 502

8.5 The EEC Variable Levy 508

CHAPTER 9. NONDISCRIMINATION AND THE MOST-FAVORED-NATION CLAUSE 515

9.1 The Most-Favored-Nation Obligation 515

9.2 MFN In Operation 531

9.3 Preferences and MFN Exceptions 542

9.4 Customs Unions and Free Trade Areas 560

CHAPTER 10. THE NATIONAL TREATMENT CLAUSE AND NONTARIFF BARRIERS 573

10.1 Introduction 573

10.2 The National Treatment Obligation in Operation 574

10.3 Exception for National Social and Economic Programs 589

10.4 Government Purchases 606

CHAPTER 11. ADJUSTMENT TO IMPORTS AND SAFEGUARDS AGAINST INJURY (ESCAPE CLAUSE) 615

11.1 Individual Injury Due to Imports 615

11.2 International Escape Clause Obligations: GATT Article XIX 617

11.3 United States Escape Clause Law 629

11.4 "Voluntary" Export Restraint Agreements or "Orderly Market Agreements" 668

11.5 Adjustment Assistance 678

CHAPTER 12. RESPONSES TO FOREIGN "UNFAIR" ACTIONS 690

12.1 Introduction 690

12.2 Dumping and Anti-Dumping 691

12.3 Subsidies and Countervailing Duties 754

12.4 Retaliation in Trade Policy: Focus on United States Law 832

CHAPTER 13. MONETARY AFFAIRS AND TRADE POLICY: OPERATION OF THE INTERNATIONAL MONETARY FUND 848

13.1 Introduction 848

13.2 Operations of the International Monetary Fund 861

13.3 National Government Foreign Exchange Restrictions: Current v. Capital Payments 886

13.4 Trade Measures for Balance of Payments Reasons 899

CHAPTER 14. EXPORT CONTROLS AND THEIR USES: ACCESS TO SUPPLY 911

14.1 Introduction 911

14.2 International Concern with Supply Access 916

14.3 United States Export Control Law 922

CHAPTER 15. NATIONAL SECURITY, POLITICAL USE OF TRADE CONTROLS, OIL AND RHODESIA 941

15.1 Use of Trade Controls for Political Purposes 941

15.2 National Security and the Rules of International Trade 942

15.3 Economic Sanctions, the United Nations and the Rhodesian Embargo 961

CHAPTER 16. COMMODITY PROBLEMS AND AGRICULTURAL GOODS 979

16.1 Agricultural and Other Commodities in International Trade 979

16.2 Agricultural Products and International Trade Rules 981

16.3 Commodities and Commodity Agreements 995

CHAPTER 17. TRADE PREFERENCES FOR DEVELOPING COUNTRIES 1009

17.1 Introduction: Policies and Attitudes Relating to Developing Countries and World Trade 1009

17.2 GATT Rules and Developing Countries 1013

17.3 Trade Preferences for Developing Countries 1016

17.4 Initiatives for a "New Economic Order" 1039

CHAPTER 18. NONMARKET ECONOMIES, STATE TRADING AND INTERNATIONAL ECONOMIC REGULATION 1045

18.1 Trade Between Market and Nonmarket Economies 1045

18.2 The GATT and State Trading 1053

18.3 The United States and Trade with Communist Countries 1056

18.4 The European Economic Community and Trade with Communist Countries 1065

Index 1073