International economic law (MEP): concept, subject, system. International economic law International economic law in the relations of the CIS countries

So, international economic law  it is a system of international legal norms governing the IER.

In other words, the MEP is a system of norms regulating relations between the subjects of international economic relations in connection with their activities in the field of international economic relations (in trade, financial, investment, migration and other areas).

Subject MEP are mainly two groups of legal relations:

cross-border movement of resources in a bilateral, multilateral, universal order;

 relations between public figures about internal legal regimes, in which individuals interact in the international economic relations, goods / services, money, investments, labor, etc. move at the private level.

MEP is subdivided into General And special parts. IN General part of the MEP includes, in particular, international legal institutions that fix:

 special (sectoral) principles of MEP;

 legal status of states, other subjects of the MEP;

 international legal status of IER “operators”;

 international legal regime various kinds resources, including the regime of state ownership. The norms that ensure the regime of the “common heritage of mankind” (in fact, the “right of universal property”) constitute a separate branch / institution of the MT;

 “the right of economic integration”;

 right economic development»;

 Rules for the responsibility of states and the application of sanctions in the MEP;

 general foundations of the international economic order and international economic security;

 procedural rules for the settlement of international disputes, etc.

IN special part includes sub-sectors / institutions that regulate the cross-border movement of all major types of resources: goods, finance, investment, labor, namely:

 international trade law, within which the movement of goods is regulated, including trade in services, rights;

 international financial law regulating financial flows, settlement, currency, credit relations;

 international investment law, within which the movement of investments (capitals) is regulated;

 international migration law, within which the movement of labor resources, labor force is regulated;

 law of international economic assistance as a set of norms regulating the movement of material and non-material resources that are not a commodity in the accepted sense (the sphere in which resources are moved, as a rule, without counter "reimbursement").

Many rules and institutions MEPs are common to two or more sub-sectors IEP (for example, for international investment and international financial law).

Many MEP institutions are common to the MEP and other industries MP. Thus, the regime of maritime exclusive economic zones, the regime seabed as "the common heritage of mankind" are established by international maritime law; regime of the market for services in the field of air transportation  international air law, etc.

The complex composition of such institutions is a reflection of the complex nature of the MP/IEP system.

Through many of its norms and institutions, the IEP also comes into contact with international administrative law.

Intersectoral institutions of this kind, perhaps, should include (in whole or in part):

 international customs law;

 international energy law;

 international transport law;

 international tax law;

 international antimonopoly (or competition) law;

 international fishing law;

 international tourism law;

 international insurance law;

 international banking law;

 other institutions and sub-sectors, "tied" to the interaction of executive authorities of states in a wide variety of areas (their number will grow rapidly).

With many of their norms and institutions, these normative blocks are in contact with the MEP (for example, in terms of trade in insurance, banking, and tourism services).

As a matter of fact, the MEP  itself is also largely a part of international administrative law (at least as far as relations between public figures regarding domestic legal regimes are concerned).

Through procedural norms and institutions, the MEP interacts, comes into contact with the industry international procedural law.

The concept should be distinguished international economic law as phenomena reality from the concept of MEP as Sciences And academic discipline.

MEP, as a science and as an academic discipline, began to take shape in Russia on the basis of previous scientific, theoretical baggage in the 80s of the twentieth century.

Famous jurists made a great contribution to the development of this science: A. B. Altshuler , B. M. Ashavsky, A. G. Bogatyrev, M. M. Boguslavsky , K. G. Borisov, G. E. Buvaylik, G. M. Velyaminov, S. A. Voitovich , L. I. Volova, S. A. Grigoryan, G. K. Dmitrieva, A. A. Kovalev , V. I. Kuznetsov , V. I. Lisovsky, E. T. Usenko , N. A. Ushakov , I. V. Shapovalov, V. P. Shatrov and many others.

Among the foreign lawyers who, to one degree or another, developed the issues of legal regulation of the IER, it is necessary to name the following lawyers: D. Vines, M. Viralli, P. Juillard, I. Seidl-Hohenveldern, D. Carro, J.-F. Laliv, A. Pelle, P. Picone, Peter Verloren van Themaat, P. Reiter, E. Sauvignon, T. S. Sorensen, E. Ustor, F. Fikentscher, M. Flory, T. Flory, G. Schwarzenberger, V Ebke, G. Erler and many others.

1. Introduction

Understanding Essence and Meaning international law is necessary today for a fairly wide range of people, since international law has an impact on almost all spheres of modern life. The application of international law is an important aspect of the activities of all those who are in one way or another connected with international relations. However, even those lawyers who are not directly involved in international relations periodically encounter regulations international law and should be guided correctly when deciding on such cases. This also applies to investigators in the investigation of economic crimes of international corporations, firms engaged in foreign economic activity or operational units fighting terrorism and international crime, and to notaries certifying legal actions relating to foreign citizens located on the territory of Ukraine, etc.

The end of the second millennium of the modern era in the history of mankind coincides with the beginning of a new stage in the development of international law. Arguments about the usefulness of international law or doubts about its necessity are replaced by the universal recognition of this legal system as an objective reality that exists and develops independently of the subjective will of people.

The UN General Assembly adopted in 1989 resolution 44/23 "United Nations Decade of International Law". It notes the UN's contribution to promoting "wider acceptance and respect for the principles of international law" and to encouraging "the progressive development of international law and its codification." It is recognized that at this stage it is necessary to strengthen the rule of law in international relations, which requires the promotion of its teaching, study, dissemination and wider recognition. The period of 1990-1999 was proclaimed by the UN as the Decade of International Law, during which there should be a further increase in the role of international legal regulation in international relations.

The topic proposed below - "international economic law" - is interesting in that it allows you to visually understand and trace the principles of economic cooperation between peoples with different customs, traditions, religions, state structure and so on.

2. Definition of terms

AGGRESSION - (Latin aggressio, from aggredior - I attack) - in modern international law, any illegal use of force by one power against territorial integrity or political independence of another power or people (nation).

ANNEXATION (lat. annexio) - forcible annexation, seizure by one state of the entire (or part) of the territory of another state or

OCCUPATION (lat. occupatio, from occupo - I capture, I take possession) -

1) temporary occupation by the armed forces of one state of part or all of the territory of another state, mainly as a result of offensive military operations; 2) in ancient Rome, taking possession of things that do not have an owner, including land plots.

DELIMITATION - the process of determining land and water boundaries by agreement, as a rule, by neighboring states.

DEMARCATION (French demarcation-demarcation) - designation of the state border line on the ground.

OPTION (lat. optatio - desire, choice, from opto - choose) - voluntary choice of citizenship by a person who has reached the age of majority. The right of option is necessarily granted to the population of a territory that passes from one state to another.

3. The concept and subjects of international economic law.

3. 1 International legal regulation of economic, primarily trade, relations between states arose in ancient times. Trade relations have long been one of the subjects of international treaties, and initially freedom of trade relations was recognized as a moral and legal principle. As early as the 2nd century A.D. e. the ancient Roman historian Flor noted: "If trade relations are interrupted, the union of the human race is broken." Hugo Grotius (XVII century) pointed out that "no one has the right to interfere with the mutual trade relations of any people with any other people." It is this principle of jus commercii - the right to free trade (trade is understood in a broad sense) - that becomes fundamental to international economic law.

In the 17th century, the first special international trade agreements appeared. By the twentieth century, some special principles, institutions and international legal doctrines had developed related to the regulation of economic relations between states: "equal opportunities", "surrenders", "open doors", "consular jurisdiction", "acquired rights", "most favored nation" ", "national regime", "non-discrimination", etc. They reflect the contradictions between the interests of free trade and the desire for monopolization foreign markets or protectionist fencing of its own market.

The emergence of new forms of international economic and scientific and technical cooperation in the nineteenth and twentieth centuries gave rise to new types of contracts (agreements on trade and payments, clearing, transport, communications, industrial property, etc.), as well as the creation of numerous international economic and scientific and technical organizations. This process developed especially rapidly after the end of the Second World War. The UN Charter specifies the implementation of international cooperation in solving international problems of an economic nature as one of the goals (Article 1).

In the second half of the 20th century, special economic integration international organizations emerged in Europe - the European Communities and the Council for Mutual Economic Assistance. In 1947, the first ever multilateral trade agreement, the General Agreement on Tariffs and Trade (GATT), was concluded, on the basis of which a special kind of international institution, which now unites more than a hundred states.

3.2 International economic law can be defined as a branch of international public law, which is a set of principles and norms governing economic relations between states and other subjects of international law.

The subject of the IEP is international economic multilateral and bilateral relations between states, as well as other subjects of public international law. Economic relations include trade, commercial relations, as well as relations in the areas of production, scientific and technical, monetary and financial, transport, communications, energy, intellectual property, tourism, etc.

In the modern legal literature of Western countries, two main concepts of the MEP have been put forward. According to one of them, the MEP is a branch of public international law and its subject is the economic relations of the subjects of international law (G. Schwarzenberger and J. Brownlie - Great Britain: P. Verlorenvan Temaat - The Netherlands: V. Levy - USA: P. Weil - France: P. Picone - Italy, etc.). At the present time, the dominant concept in Western literature can be considered the concept according to which the source of the MEP norms is both international law and domestic law, and the MEP extends its effect to all subjects of law participating in commercial relations that go beyond the borders of one state (A. Levenfeld - USA: P. Fischer, G. Erler, V. Fikentscher - Germany: V. Friedman, E. Petersman - Great Britain: P. Reuter - France, etc.). This second concept is also connected with the theories of transnational law put forward in the West, aimed at equalizing the states and the so-called transnational corporations as subjects of international law (V. Fridman and others).

In the legal literature of developing countries, the concept of "international development law" has become widespread, which emphasizes the special development rights of the poorest countries.

In domestic science, V. M. Koretsky back in 1928 put forward the theory of international economic law as an intersectoral law, including the regulation of international legal (public) and civil law relations. IS Peretersky, on the other hand, came up in 1946 with the idea of international property law as a branch of public international law. Further developments of many domestic scientists went along the path of development of this idea.

The USSR made a significant contribution to the development and approval of many normative acts that underlie the modern concept of the MEP. The USSR was also one of the initiators of the convening in 1964 in Geneva of the UN Conference on Trade and Development, which grew into an international organization (UNCTAD).

3. 3 Based on the understanding of the MEP as a branch of public international law, it is logical to assume that the subjects of the MEP are the same as the subjects in general in international law. States, of course, have the right to directly participate in foreign economic civil law, commercial, commercial activities. A "trading state", while remaining a subject of international law, can also act as a subject of the national law of another state, for example, by concluding a deal with a foreign counterparty subject to its foreign jurisdiction. This, however, does not in itself deprive the State of its inherent immunities. To waive immunities (including jurisdictional, judicial-executive) the express will of the state itself is required.

4. Sources of international economic law

4. 1. The sources of the IEP are the same as in general in international public law. A characteristic for the MEP, which is still in its infancy as a special branch of law, is the abundance of recommendatory norms that have their source of decision international organizations and conferences. The peculiarity of such norms is that they are not imperative. They not only "recommend", but also communicate legitimacy, in particular, to such actions (inaction) that would be illegal in the absence of a recommendatory norm. For example, the 1964 UN Conference on Trade and Development adopted the well-known Geneva Principles, which, in particular, contained a recommendation to provide developing countries with exemption from the most favored nation principle of preferential customs benefits (customs tariff discounts). Such benefits would be unlawful in the absence of an appropriate recommendatory norm.

In modern MP there are norms devoted to issues of economic cooperation. The volume of regulation and the qualitative originality of the subject of regulation indicate that the international economic law has formed a branch in the MP.

Without going into a discussion about the concept and content of international economic law (M. M. Boguslavsky, G. M. Velyaminov, I. N. Gerchikova, and others), we note the following.

In our opinion, international economic law is a set of international legal principles and norms that regulate relations between the subjects of the MP regarding the movement of finance, goods, services, as well as the corresponding relations that arise within the subjects of the MP.

International relations in the economic sphere are extremely diverse. The norms of international economic law, in particular, regulate:

1) the activities of international organizations in the field of economy (founding documents of ASEAN, the Charter of the International Container Bureau, the Agreement on the establishment of the WTO in 1994, the Agreement on the establishment of the Interstate Economic Committee of the Economic Union in 1994, etc.);
2) financial and credit relations:
- a) trade and economic cooperation (Agreement between the governments of Russia and Argentina on trade and economic cooperation (1993), Agreement between the governments of Russia and Bahrain on trade, economic cooperation (1999), etc.);
- b) international payments and loans (Agreement between the Government of the Russian Federation and the Government of Nicaragua on the settlement of the debt of the Republic of Nicaragua to Russian Federation on previously granted loans (2004), the Agreement between the Government of the Russian Federation and the Government of Cuba on the provision of a state loan to the Government of the Republic of Cuba (2009), etc.);
3) issues of currency regulation and control (Agreement between the Government of the Russian Federation and the Northern investment bank on financial cooperation (1997), Agreement between the governments of the CIS countries on common principles for the implementation of currency control by the customs services of the CIS member states (1995));
4) tax relations (Agreement between the USSR and Switzerland on tax matters (1986), Agreement between the Government of the Russian Federation and the Government of Greece on cooperation and exchange of information in the field of combating violations of tax laws and other related economic crimes (2000) and etc.);
5) customs relations (Customs Convention on the A.T.A. Carnet for the Temporary Importation of Goods (A.T.A. Convention) (Brussels, December 6, 1966), Customs Convention on the International Carriage of Goods under the TIR Carnet (Convention MD11) (Geneva, November 14, 1975), etc.);
6) scientific and technical cooperation (Agreement between the governments of Russia and Estonia on cooperation in the field of standardization, metrology and certification (1994), Agreement between the Government of the Russian Federation and the European Community on cooperation in the field of science and technology (2000), etc. );
7) investments (Convention on the Establishment of a Multilateral Investment Guarantee Agency (Seoul, 1985), the Treaty of the USSR and the FRG on the Promotion and Mutual Protection of Investments (1989), etc.);
8) international transportation (Agreement on International passenger traffic(1951), Convention on Civil Liability for Damage Caused during the Carriage of Dangerous Goods by Road, Rail and Inland Water Transport (CRTD) (Geneva, 10 October 1989));
9) international trade in goods, services, intellectual property rights (Convention on the Limitation Period in the International Sale of Goods (New York, June 14, 1974), Agreement on Measures to Regulate Access to the Markets of States Members of the Customs Union of Goods and services from third countries (2000), etc.).

The sources of international economic law are, first of all, international treaties. However, international customs play an important role in international economic law. Thus, the provisions of the Charter of Economic Rights and Duties of States (December 12, 1974), approved by the resolution of the UN Chief Executive, "live" as customary norms. The custom is the principle of giving special rights and benefits to landlocked states, the principle of most favored nation in trade.

Almost all groups of relations that are the subject of regulation of international economic law are also regulated by acts adopted by bodies of international organizations. As an example, we can name: regulations and directives of the EU institutions (Directive of the European Parliament and the Council of the EU on international credit transfers of 1997, etc.), UNCTAD acts (Principles governing international trade relations and trade policies that promote development (1964) ), bodies of the CIS (Decision of the Council of the Heads of Government of the CIS on cooperation and coordination of the activities of the member states of the Commonwealth of Independent States in the field of organizing an integrated foreign exchange market (2003)), documents of the Council on railway transport(Rules for the transport of dangerous goods under railways(April 5, 1996)) etc.

Of certain importance for international economic law are the decisions of international judicial bodies - the EU Court (see Chapter 18), the Economic Court of the CIS (Ch. 17).

The rules of international economic law are found in international documents of a general nature (treaties of friendship and cooperation, navigation, cooperation in space exploration, etc.).

The norms of international economic law are subject to the basic principles of international law. They set general rules relations between states in the international arena. It is possible to single out the "economic component" of the basic principles of MT. Thus, the principle of non-interference in internal affairs contains a ban on the economic blockade of other states, discriminatory measures in relation to foreign goods and technologies. Protectionism, dumping and illegal export subsidies are unacceptable.

As for the special principles of international economic law, the Declaration on the Establishment of a New International Economic Order (May 1, 1974) laid the foundation for their classification. In the domestic science of MT, there are several approaches to their definition. Without setting ourselves the goal of exploring all aspects of this problem, we can distinguish the following principles of international economic law:

1) the principle of the sovereignty of states over their natural resources and economic activity. Every country has the right to adopt whatever economic and social system it considers most suitable for its own development and must not be subjected to any form of discrimination.

States freely own, use and dispose of natural resources under their jurisdiction. They regulate, without outside interference, the activities of foreign enterprises and establish a regime for foreign investment. For the protection of these resources, each state has the right to exercise effective control over them and over their exploitation by means appropriate to its position, including the right to nationalize or transfer ownership to its citizens, which right is the expression of the full inalienable sovereignty of that state. Regulation and supervision of the activities of transnational corporations by taking measures in the interests of the national economies of the countries in which such transnational corporations operate, on the basis of the full sovereignty of these countries. No State may be subjected to economic, political or any other form of coercion to interfere with the free and full exercise of this inalienable right;

2) the principle of equality and non-discrimination in the economic sphere. This principle means the right of the state to provide it with equal conditions with other countries in economic relations. Full and effective participation on the basis of equality of all countries in the solution of world economic problems in the common interest of all countries, taking into account the need to ensure the accelerated development of all developing countries, while at the same time Special attention special measures for the benefit of the least developed, landlocked and island developing countries, as well as developing countries most seriously affected economic crises and natural disasters, without losing sight of the interests of other developing countries. The restrictions imposed (if they are not sanctions) should apply to all states. At the same time, the provision of preferences to developing countries is not considered discrimination. In addition, special conditions are allowed for countries that are members of economic unions for border trade, etc.;
3) the principle of cooperation in the sphere of economy follows from the general norm of the MP on cooperation. States must cooperate in solving world economic problems. They independently choose counterparties in trade relations, participate in interstate economic organizations and unions, and provide favorable conditions for the transfer of funds to developing countries. The cooperation of all member states of the international community must be based on justice, whereby the prevailing imbalances in the world can be eliminated and prosperity for all can be ensured. It is envisaged that the entire international community will provide active assistance to developing countries without any political or military conditions. Provides developing countries with access to advances modern science and technology and the promotion of technology transfer and the creation of indigenous technology for the benefit of developing countries in forms and according to procedures appropriate to their economies. The main direction of cooperation is the liberalization of international trade, financial, credit, and customs policies. In addition, there is a trend towards the unification of international trade;
4) the principle of mutual benefit is that states have the right to a fair distribution of benefits and material costs. There must be a fair and equitable relationship between the prices of raw materials, commodities, finished goods and semi-finished products exported by developing countries and the prices of raw materials, commodities, manufactured goods, capital goods and equipment imported by them, in order to support and expand the world economy .

In addition, special principles of cooperation between states in various areas of economic activity (in customs, in tax relations, in the field of investments, etc.), in economic unions and organizations can be distinguished.

Introduction…………………………………………………………2

Chapter 1. Concept, subjects, sources and principles

international economic law…………………3

The concept of international economic law………..3

Subjects of international economic law………4

The goals of international economic law……………7

Principles of international economic law……...7

Chapter 2. International Economic Organizations..10

Types of international economic organizations……..10

Universal economic organizations……………..10

Regional economic organizations……………….14

Conclusion…………………………………………………… 16

Literature…………………………………………………….17

INTRODUCTION

Understanding the essence and significance of international law is necessary today for a fairly wide range of people, since international law has an impact on almost all spheres of modern life. The application of international law is an important aspect of the activities of all those who are in one way or another connected with international relations. However, even those lawyers who are not directly involved in international relations periodically encounter normative acts of international law in their line of work and must be guided correctly when making decisions on such cases. This also applies to investigators in the investigation of economic crimes of international corporations, firms engaged in foreign economic activity or operational units engaged in the fight against terrorism and international crime, and to notaries certifying legal actions relating to foreign citizens located on the territory of Ukraine, etc. d.

The topic proposed below - "international economic law" - is interesting in that it allows you to clearly understand and trace the principles of economic cooperation between peoples with different customs, traditions, religions, government, etc.

CHAPTER 1. CONCEPT, SUBJECTS, SOURCES AND PRINCIPLES OF INTERNATIONAL ECONOMIC LAW.

The concept of international economic law As a branch of international law international economic law is a set of rules governing relations between subjects of international law in connection with their activities in the field of international economic relations.

Subject international economic law are international economic relations between states and other subjects of international law. These include relationships in foreign trade, scientific and technical cooperation, industrial and technological cooperation, transport, shipping, exchange of services, finance, credits, tariffs and taxation, regulation of prices for raw materials and goods, protection of industrial property and copyrights, tourism, provision of various types of economic assistance and help.

Specificity norms of international economic law lies in the fact that they seem to penetrate into other branches of general international law: air law, space law, right of protection environment, the right of integration, international cooperation in the field of intellectual property, international tourism, etc.

Special principles, norms and institutions of international economic law are applied in the process of regulating various international relations of an economic nature, their actions apply to all legal relations of this kind.

Major international significance international economic relations does not require special evidence, since the cooperation of states in order to increase economic development is one of the basic principles of international law.

Scope of regulatory material in the field of international economic relations is very extensive. It includes bilateral and multilateral treaties and agreements on trade and payments, on scientific, technical and economic cooperation, on international economic, credit and monetary organizations. The law-making activity of these organizations leads to the adoption of decisions, norms that are legally binding for the participating countries.

Thus, both individual states and the entire international community are interested in highlighting international economic law as independent industry. This is confirmed not only by the above facts, but also by continuous improvement legal regulation international economic relations, rule-making activities of international economic bodies and organizations.

Various spheres economic cooperation have their own specific subject content, which gives rise to the need for special legal regulation, as a result of which such sub-sectors How:

International trade law;

International financial law;

International investment law;

International customs law;

International transport law;

International technical law.

Each sub-sector is a set of international legal norms governing interstate cooperation in a specific area of economic relations.

Today, international economic law is going through a period active development. Its regulatory role is especially great within the framework of integration associations of states developing at the regional level (the European Union, the CIS, the North American Free Trade Association (NAFTA), the Association of Southeast Asian Nations (ASEAN), etc.).

Subjects of international economic law Among the subjects of international economic law, the central place is occupied by state, for his sovereignty extends to the economic sphere. The exercise of the sovereign rights of states in the economic sphere is possible only with the active use of international economic ties in the interests of their national (national) economy within the framework of international economic law.

The state can enter into economic relations of an international nature with individuals and legal entities belonging to other states (create joint ventures, conclude concession agreements, etc.). Such relations are private law and are regulated by national and international private law.

The growing importance and complication of international economic relations make it necessary to strengthen their management through the joint efforts of states through international organizations, which leads to an increase in the number of international organizations and their role in the development of economic interstate cooperation. As a result, international organizations are important subjects of international economic law.

Sources of international economic rights The main source of international economic law are bilateral and multilateral treaties that regulate various aspects of economic relations. They are as diverse as inter-economic ties.

international economic treaty is an agreement between the subjects of international law regarding the establishment, modification or termination of their mutual rights and obligations in the field of international economic relations. International economic agreements are concluded mainly on a bilateral basis.

According to the objects of regulation, such contracts can be divided into several groups.

1. The most important form of economic cooperation is trade agreements, which contain international legal principles and conditions for trade and other economic relations between states. They install:

The legal regime that the parties provide to each other with regard to tax and customs taxation (for example, the exclusion of double taxation of legal entities trading in the states that signed the agreement);

Regulation of import and export of goods, merchant shipping, transport, transit;

Activities of legal and individuals one country on the territory of another country,

Other questions of economic relations between the contracting states

2. Trade (contingent) agreements(trade agreements) regulate trade between individual countries. They are concluded, as a rule, for a short period (6-12 months), but recently long-term agreements, usually for five years, have become more common. When concluding agreements on trade turnover, counterparties assume certain obligations. They lie in the fact that the governments and the relevant authorities of the parties must promote mutual trade in every possible way, ensure the issuance of permits for the export and import of goods within the agreed contingents.

3. Payment Agreements establish general principles regulation of payments between contracting parties.

4. International commodity agreements are concluded in order to stabilize the international market for commodities, through the regulated determination of export-import quotas and the establishment of maximum and minimum price limits for these goods (usually agricultural and mineral).

Exporting countries undertake not to offer for export this product in excess of the established quotas. In turn, importing countries undertake to purchase a certain amount of this product from exporting countries.

For example, there are trade agreements for wheat, coffee, sugar, natural rubber, olive oil, tin, tropical timber, etc.

Since it is impossible to regulate the volume and quantity of a particular product with absolute precision, commodity agreements provide for an international system controlled stocks. Stocks are divided into national (held in exporting countries), "quasi-international" (stored in exporting countries, but distributed in accordance with international norms) and international, stored in the warehouses of international organizations.

5. Agreements on economic and scientific and technical cooperation
on the provision of technical assistance represent

international legal acts, simultaneously regulating relations between states in different areas, for example, in industrial and scientific and technical.

Such agreements may have different names: agreements on cooperation in the field of economy and industry, agreements on economic, political and industrial cooperation, etc.

Agreements on scientific and technical cooperation include the joint development of scientific and technical problems, joint development of technological processes with possible subsequent introduction into the national economy.

6. One of the new forms of international economic
dialects are long-term economic development programs
sky, industrial and scientific and technical cooperation.

Industrial cooperation agreements are based on a long-term basis and represent the economic relations and activities of the organizations of the contracting parties. In addition to purchase and sale operations, they cover a number of additional or mutually beneficial operations - in production, development and transfer of technologies, marketing. Industrial cooperation is diverse and may include:

Licensing agreements with payment for products produced under a license;

Joint production and specialization:

Subcontract and lease agreements;

Agreements on the establishment of joint ventures and companies;

Compensatory transactions providing for the creation of industrial enterprises on the basis of joint lending and subsequent payments for loans with finished products.

The movement of capital across state borders is regulated by agreements on credits, loans and settlements.

7. Loan agreements are international treaties
which one state (creditor) grants to another
state (debtor) a certain amount of money or goods, and
others give an obligation to repay the amount within a certain period of time
debt on the terms stipulated in the contract.

Agreements for the supply of goods on credit have their own characteristics:

The loan is granted for a certain amount;

Delivery of goods by one party (creditor) precedes delivery of goods by the other party (borrower);

For the use of credit, the borrowing government pays the creditor government a certain percentage of
loan amounts.

8. International Settlement Agreements- international agreements on the procedure for making payments for goods, provision of services and other trade and non-trade operations.

In international practice, there are the following types of agreements:

- "payment", according to which the states agree that the settlements between them are carried out in a freely or limitedly convertible currency;

- "clearing", providing for the mutual offset of debts and claims on foreign trade and other operations without currency transfer;

- "payment and clearing" (mixed type), for which the creditor has the right to demand from the other party payment of the clearing debt in gold or freely convertible currency in excess of the limit established by the agreement.

In addition to the listed types of international economic treaties, in the practice of international economic interaction, there are other special varieties of them that regulate economic relations, for example, in the field of transport, tourism, intellectual property protection, international regulation of production, gratuitous economic assistance, communications, agriculture, etc. .

Among the sources of international economic law, the role of multilateral economic agreements. Among these agreements, first of all, it is worth mentioning:

■ General Agreement on Tariffs and Trade (GATT) 1947;

■ agreements on the creation of economic organizations (for example, the Bretton Woods agreements on the creation of the IMF and IBRD);

■ international commodity agreements aimed at unifying the rules governing private law relations in the economic sphere (for example, the UN Convention on Contracts for the International Sale of Goods, 1980).

However, at present there is no universal agreement that creates a common legal basis for economic cooperation. General provisions and principles of economic cooperation

values are formulated only in decisions and resolutions of international organizations, including:

1) Principles governing international trade relations and trade policies conducive to common development, adopted by the First UNCTAD Conference in 1964

2) Declaration on the establishment of a new economic order, adopted by the resolution General Assembly United Nations May 1, 1974;

3) the Charter of Economic Rights and Duties of States, adopted by a resolution of the UN General Assembly on December 12, 1974;

4) Resolution of the UN General Assembly "On international economic security" 1985

As resolutions of international organizations, they do not have a binding legal effect and are not sources of international law, but they determine its content. Their legal obligation follows from international practice that took place even before the adoption of these acts. Consequently, the fundamental norms of international economic law exist in form of international legal practice.

A feature of international economic law and its sources is the significant role of the so-called "international soft law" those. such norms that use expressions such as "take action", "promote", "seek implementation", etc. They do not contain clear rights and obligations of States, but are nevertheless legally binding.

Guidelines for studying the topic:

understand : concept, principles and sources of international economic law. Kinds economic agreements(trade, credit, settlements, taxation, investment, scientific and technical cooperation, etc.) Multilateral commodity agreements and their features.

International economic organizations of a universal nature. Legal personality of international monetary and credit organizations (IMF, IBRD, IFC, IDA, etc.). Legal status World Trade Organization (WTO). United Nations Commission on International Trade Law (UNCITRAL). United Nations Conference on Trade and Development (UNCTAD).

Explore issues of legal regulation of economic cooperation between states at the regional level. North American Free Trade Agreement (NAFTA). Agreement on the Establishment of the European Economic Area (EES), Regional Agreements on Customs Cooperation. Legal status of regional economic organizations (EU, EFTA, EurAsEC, etc.)

Literature:

Altshuler, A.B. International currency law / A. B. Altshuller. - M., 1984.
Bogatyrev, A.G. Investment law / A. G. Bogatyrev. - M., 1992.
Boguslavsky, M.M.. International economic law / M. M. Boguslavsky. - M., 1986.
Velyaminov, G.M. Fundamentals of international economic law / G. M. Velyaminov. - M., 1994.
Voitovich, S.A. Principles of international legal regulation of interstate economic relations / SA Voytovich. - Kyiv, 1988.
Evseeva, A.I. Regional economic integration within the framework of the CIS: features of legal regulation / AI Evseeva // Russian Yearbook of International Law. 2000. - St. Petersburg, 2000.
Ushakov, N.A. Most favored nation treatment in interstate relations / N. A. Ushakov. - M., 1995.
Shatrov, V.P. International economic law / V. P. Shatrov. - M., 1990.
Shumilov, V.M. International economic law: textbook. allowance. In 2 volumes / V. M. Shumilov. - M., 2002.
Shumilov, V.M. International economic law in the era of globalization / V. M. Shumilov. - M., 2003.

Questions on the topic under study:

Form of control: group consultation

Summary of the lecture:

Concept, sources and principles of international economic law.

International economic - a set of principles and norms governing relations between states and other entities in the field of economic cooperation.

This area covers a wide range of interrelations of trade, production, scientific and technical, transport, financial, customs, etc. International economic relations are implemented in the form of: purchase and sale of goods and services (export-import operations), contract work, technical assistance , transportation of passengers and cargo, provision of credits (loans) or their receipt from foreign sources (external borrowings), resolution of customs policy issues.

In international economic law, there are sub-sectors covering specific areas of cooperation, international trade law, international industrial law, international transport law, international customs law, international monetary and financial law, international intellectual property law, etc.

An essential specific feature of international economic relations is the participation in them of entities that are different in nature.Depending on the subject matterthe following varieties can be distinguished: I ) interstate - universal or local, including bilateral, character; 2) between states and international organizations (bodies); 3) between states and legal entities and individuals belonging to foreign states, 4) between states and international economic associations; 5) between legal entities and individuals of different states.

The heterogeneity of relations and their participants gives rise tothe specifics of the applied methods and means of legal regulation,testifying to the interweaving in this area of international public and international private law, the interaction of international legal and domestic norms. It is through international regulation of economic cooperation that states influence civil law relations with a foreign (international) element. The most important factor determining the content of international economic law areintegration "processesat two levels, nom (global) and regional (local)

An important role in integration cooperation is played byinternational organizations and bodiesamong which the most influential are the UN Economic and Social Council (ECOSOC), the World Trade Organization (WTO); International Monetary Fund (IMF), international bank reconstruction and development (IBRD).

At the regional and interregional levels, it should be noted the European Union, the Organization for Economic Cooperation and Development
(OECD), the Commonwealth of Independent States (CIS), the Eurasian Economic Community (Eurasian Economic Community), and the UN regional economic commissions.

Sources of international economic laware as diverse as regulated relationships. The universal documents areconstituent acts of relevant international organizations, General Agreement on Tariffs and Trade 1947, UN Convention on Contracts for the International Sale of Goods 1980, Convention on the Limitation Period in the International Sale of Goods 1974. UN Convention on the Carriage of Goods by Sea 1978 d., various agreements on commodities. Bilateral treaties make a great contribution to the formation of international economic law. The most common are agreements on the international legal regime of economic relations, agreements regulating the movement of goods, services, capital across state borders, payment, investment, credit and other agreements.

Among the fundamental factors that determine the relationship between states in the economic sphere are the principles of economic cooperation, i.e. establishing the type of legal regime applicable to a particular state, its legal entities and individuals.

There are the following modes (principles):

Most favored nation treatmentmeans the obligation of the state to provide (as a rule, on the basis of reciprocity) to another state party to the agreement the benefits and privileges that are granted to them or may be granted in the future to any third state. The scope of this regime is determined by the agreement and can cover both the entire sphere of economic relations, and certain types relations. There are certain exceptions to the most favored nation treatment for customs unions, free customs zones, integration associations, developing countries and border trade.

Preferential treatmentmeans the provision of benefits in the field of trade, customs payments, as a rule, inagainst developing countries or within the framework of an economic or customs union.

National Treatmentprovides for equalization incertain rights of foreign legal entities and individuals with the state's own legal entities and individuals. This usually concerns issues of civil legal capacity, judicial protection, and social rights.

special mode,established by states in the field of economic cooperation, means the introduction of any special rights of the day for foreign legal entities and individuals. This regime is used by states when regulating such issues as increased protection of foreign investments, provision of customs and tax benefits to missions of foreign states and employees of these missions when purchasing and importing certain goods.

2. International organizations in the field of regulation of economic cooperation.

Within the framework of international economic law, the role of interstate organizations is determined by the fact that, firstly, these are forums for discussing the most important economic problems; secondly, it is a constantly operating mechanism that provides states with the prompt solution of increasingly complex issues of international economic life; thirdly, it is a qualified apparatus for developing draft economic treaties, especially multilateral ones that have a universal, regional or local character. International organizations do not have independent economic interests; all their activities are aimed at developing economic cooperation between states.

The first place among international organizations in terms of its importance is occupied by the United Nations with its extensive system of bodies and organizations.These issues are dealt with in the Organization by the General Assembly (GA) and the Economic and Social Council (ECOSOC). The General Assembly organizes studies and makes recommendations to States to promote international cooperation in economic, social and other areas (Article 13 of the UN Charter). The General Assembly exercises leadership functions in relation to ECOSOC. Its recommendations to the Council are binding (Articles 60 and 66 of the Charter). The UN General Assembly establishes at each session for a preliminary discussion of the agenda the Committee on Economic and Financial Affairs (Second Committee).

An important subsidiary (permanent) body of the UN General Assembly is the Commission on International Trade Law (UNCITRAL). Its main function is to promote the unification of the law of international trade. The United Nations International Law Commission is of some importance (for example, in developing the issue of most favored nation treatment).

ECOSOC as the main organ of the UN, responsible for the performance of its functions in the field of international economic and social cooperation, coordinates the activities of bodies and agencies of the UN system. An important place in the activities of ECOSOC is the preparation of draft international conventions for submission to the General Assembly for approval.

ECOSOC has subsidiary bodies, including the Committee for Program and Coordination; Committee on Science and Technology for Development; Natural Resources Committee; Development Planning Committee.

Under the leadership of ECOSOC, there are five regional economic commissions:

The United Nations Economic Commission for Europe (ECE) includes
European and post-Soviet states members of the UN, as well as the United States and
Canada; headquarters in Geneva;

Members of the United Nations Economic and Social Commission for Asia and
Pacific Ocean (ESCAP) are the states of Asia (except the Arab countries
Western Asia), Oceania, as well as the UK, USA and France; headquarters-
apartment in Bangkok;

The United Nations Economic Commission for Africa (ECA) consists of African states; headquarters in Addis Ababa;

The United Nations Economic Commission for Western Asia (ECWA) brings together Arab states West Asia, Egypt, also includes the Palestine Liberation Organization; headquarters in Amman;

Members of the United Nations Economic Commission for Latin America and
Caribbean (ECLAC) are the Latin American states, and
also UK, Netherlands, Spain, Canada, USA and France; headquarters-
apartment in Santiago.

Other countries, as well as international organizations, can cooperate in these commissions as associate members, observers or consultants. The objectives of the activities and functions of the listed commissions are similar: promoting the economic development of the countries of the respective regions, raising the standard of living of their population, promoting economic relations both between member countries and between them and the rest of the world. Similar and organizational structure commissions. The supreme body is the plenary session of the representatives of the Member States. There are also permanent and temporary subsidiary bodies. executive body serves as a secretariat headed by an executive secretary. The commissions hold international conferences, meetings, etc.

Each commission has an extensive network of specialized subsidiary bodies (committees). Directly or through these subsidiary bodies, the commission maintains links with international organizations, both regional and universal.

One of the important functions of ECOSOC is to coordinate the activities of specialized UN agencies, many of which deal with issues of international economic cooperation. First of all, the United Nations industrial development(UNIDO), which received the status of a specialized agency of the United Nations in 1985. It coordinates UN activities in this area to accelerate the industrialization of developing countries. Within the framework of UNIDO, for example, the Lima Declaration and the Action Plan for Industrial Development and Cooperation (1975) were developed, which affirm the right of states to sovereignty over natural resources and control over the activities of private capital.

International Food and Agriculture Organization (FAO) and International Fund for Agricultural Development (IFAD), World Intellectual Property Organization (WIPO), financial institutions (IBRD, IMF, IFC, MAP).

Created as a subsidiary body of the UN General Assembly, the United Nations Conference on Trade and Development (UNCTAD) has retained this name since its first session in 1964, although it has long grown into an independent authoritative organization with numerous subsidiary bodies. The main task UNCTAD is to define principles and policies in international trade to help accelerate economic development, especially in developing countries. UNCTAD made a great contribution to the formation of new ideas and concepts about the fundamental restructuring of international economic relations on a fair and democratic basis.

The International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (IBRD) are the largest International Monetary and Credit Organizations created on the basis of agreements adopted by the Bretton Woods Conference (USA) in 1944. The IMF and IBRD are specialized agencies of the UN, they have agreements on relations with the UN (1947). However, unlike other agreements that define the principles and forms of interaction and coordination between the General Assembly, ECOSOC and specialized agency, these agreements fix a significant degree of independence of the IMF and IBRD from the UN.

According to the 1944 agreement, the main objectives of the IMF are to coordinate the monetary and financial policies of member countries and provide them with loans (short-term, medium-term and partly long-term) to adjust balance of payments and maintain exchange rates. The Fund also seeks to promote international cooperation in the monetary field and the expansion of trade. To achieve these goals, the Fund provides funding to member countries experiencing balance of payments difficulties and provides them with technical assistance to improve their business practices. Member States undertake to cooperate with the Fund and among themselves in order to ensure the conclusion of agreements on an orderly exchange of exchange and the establishment of a stable system of exchange rates, along with a multilateral system of settlements free from restrictions, and thus contribute to the balancing of payments between countries.

The provision of loans in excess of a certain amount is subject to the implementation of IMF recommendations in the field of economic and social policy. The competence of the Fund also includes consideration of issues related to the exchange rate regime of member countries.

The voting power of each member country of the IMF in its supreme body reflects mainly its contribution to the Fund's financial resources, which in turn is related to its relative share in the world economy (the principle of weighted voting).

The main goal of the IBRD is to promote the reconstruction and development of the territories of member states by encouraging investment for industrial purposes. The main task of the IBRD is to stimulate private foreign investment through the provision of guarantees or through direct participation, as well as to promote international trade and maintain balance of payments.

The Bank provides medium-term and long-term loans at a fairly high interest rate. Loans are given to member countries of the Bank, as well as their private companies. Where loans are made to private companies, the concerned government of a Member State of the Bank is required to provide appropriate guarantees. In recent decades, the IBRD's financial policy has focused mainly on developing countries. the main role it deals with the export of capital, the stimulation of private entrepreneurship in developing countries, and the implementation of programs of economic assistance to these countries.

In order to regulate trade relations between states in 1947, a multilateral General Agreement on Tariffs and Trade (GATT) was concluded. GATT is the largest multilateral trade agreement, on the basis of which over the past years a mechanism has developed that has the features of an international organization. On the basis of this agreement, the World Trade Organization (WTO) began to operate in 1995. (In the Republic of Belarus, a commission has been established under the Government for accession to the WTO).

Central to the WTO is the principle of most favored nation treatment. Under the agreement, any customs-tariff benefit granted by one of the participating countries to another participating country was automatically extended by virtue of the most favored nation principle to all other countries participating in the WTO.The main tasks of the WTO are the liberalization of foreign trade, the reduction of customs tariffs, the rejection of quantitative restrictions on imports, the elimination of discrimination, as well as the implementation of other trade and political events on a multilateral basis.

For regulationinternational trade in selected commoditiesmultilateral agreements were concluded and a number of international organizations were created with the participation of states importers and exporters (for tin, wheat, cocoa, sugar, natural rubber, olive oil, cotton, jute, lead and zinc) or only exporters (for oil - OPEC). The goals of organizations with the participation of exporting and importing countries are to mitigate sharp fluctuations in world prices, establish balanced supply and demand ratios by fixing quotas and obligations of importers for the purchase of goods by exporting countries, establishing maximum and minimum prices and the creation of systems of "buffer" stocks of goods.

The most significant example of an organization of exporting countries (mainly Arab) is the Organization of Petroleum Exporting Countries (OPEC), which has the task of protecting the interests of oil-producing countries by agreeing on acceptable oil prices and limiting oil production to quotas established for each country for this purpose.

Among the international organizations formed to promote international trade and important for the development of the IEP, one can name the International Chamber of Commerce, the International Bureau for the Publication of Customs Tariffs, the International Institute for the Unification of Private Law (UNIDROIT). As with UNCITRAL, the International Chamber of Commerce and UNIDROIT are big job on harmonization and unification of national legislation regulating commercial and financial relations between entrepreneurs through the development of international legal acts of facultative action. An example is the widely used International Rules for the Interpretation of Trade Terms "Incoterms", developed by the International Chamber of Commerce.

In 2000 Within the framework of the CIS, an Agreement was concluded on the establishment of the Eurasian Economic Community (Belarus ratified it in 2001). The organization includes Russia, Belarus, Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, Armenia (membership coincides with the CSTO). The main goal to ensure the principles of freedom of movement of goods and services, capital and citizens; creation of an economic and customs union.