International economic law (IEP): concept, subject, system. International economic law International law regulates interstate economic relations

In a 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 a branch has been formed in international economic law.

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

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

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

• 1) activities of international organizations in the field of economics ( constituent documents ASEAN, Charter of the International Bureau of Containers, Agreement on the Establishment of the WTO 1994, Agreement on the Establishment of the Interstate Economic Committee of the Economic Union 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 the Russian Federation on previously granted loans (2004), 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). ) and 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 uniform 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 issues (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 legislation and other related economic crimes (2000) and etc.);
• 5) customs relations (Customs Convention on the A.T.A. Carnet for the Temporary Import of Goods (A.T.A. Convention) (Brussels, December 6, 1966), Customs Convention on the International Transport of Goods Using a 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), Treaty of the USSR and Germany on the Promotion and Mutual Protection of Investments (1989), etc.);
• 8) international transport (Agreement on International Passenger Transport (1951), Convention on Civil Liability for Damage Caused during the Transport of Dangerous Goods by Road, Rail and Inland Waterways (CRTD) (Geneva, October 10, 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 the Member States 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 a major role in international economic law. Thus, the provisions of the Charter of Economic Rights and Duties of States (December 12, 1974), approved by the UNGL resolution, “live” as ordinary norms. The custom is the principle of granting special rights and advantages to landlocked states, the principle of most favored nation in trade.

Almost all groups of relations that are the subject of regulation by international economic law are also regulated by acts adopted by the bodies of international organizations. As an example, we can name: regulations and directives of EU institutions (Directive of the European Parliament and the Council of the EU on international credit transfers of 1997, etc.), UNCTAD acts (Principles defining international trade relations and trade policies promoting development (1964) ), CIS bodies (Decision of the Council of Heads of Government of the CIS on cooperation and coordination of the activities of member states of the Commonwealth 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 by rail (April 5, 1996)), etc.

The decisions of international judicial bodies - the EU Court of Justice (see Chapter 18), the Economic Court of the CIS (Chapter 17) - have a certain significance for international economic law.

The norms of international economic morality are found in international documents general(treaties of friendship and cooperation, navigation, cooperation in research outer space and so on.).

The norms of international economic law are subject to the basic principles of international economic law. They set general rules relations between states on international arena. It is possible to single out the “economic component” of the basic principles of MP. Thus, the principle of non-interference in internal affairs contains a ban on the economic blockade of other states and 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 basis for their classification. IN national science There are several approaches to defining MPs. Without setting ourselves the goal of exploring all aspects of this issue, we can highlight the following: principles of international economic law:

1) the principle of sovereignty of states over their own natural resources and economic activity. Every country has the right to accept that economic and social system which she considers most suitable for her own development and should not be subject to any 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. To protect 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 of nationalization or transfer of possession to its citizens, which right is an expression of the full inherent sovereignty of that State. Regulation and supervision of the activities of multinational corporations by taking measures in the interests of the national economies of the countries in which such multinational corporations operate, on the basis of the full sovereignty of these countries. No State shall be subjected to economic, political or any other form of coercion to prevent 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 in economic relations with other countries. Full and effective participation on the basis of equality of all countries in resolving global economic problems in the common interests of all countries, taking into account the need to ensure the accelerated development of all developing countries while devoting at the same time Special attention taking special measures for the benefit of least developed, landlocked and island developing countries, as well as developing countries most seriously affected by economic crises and natural disasters, without losing sight of the interests of other developing countries. The restrictions introduced (if they are not sanctions) must apply to all states. However, it is not considered discrimination to provide preferences to developing countries. In addition, special conditions are allowed for countries belonging to economic unions for cross-border trade, etc.;
• 3) the principle of cooperation in the economic sphere follows from general norm MP about cooperation. States must cooperate in solving world economic problems. They independently select counterparties in trade relations, participate in interstate economic organizations and unions, and provide favorable conditions for the transfer of financial resources to developing countries. The cooperation of all member states of the international community must be based on justice, through which the prevailing imbalances in the world can be eliminated and prosperity can be ensured for all. It is envisaged to provide everyone international community active assistance to developing countries without any political or military conditions. Ensures that developing countries have access to advances modern science and technology and to promote the transfer of technology 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 tendency 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 goods 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 fields can be identified. economic activity(in customs, in tax relations, in the field of investment, etc.), in economic unions and organizations.

7. Norms of international law, their features and types. Norms juscogens. Codification in international law.

8. Rule-making in international law. The theory of coordination of the wills of states.

11. Decisions of international organizations, their features, types, legal force

12. Concept and features of the basic principles of international law, their place in the hierarchy of international legal norms

13. The principle of respect for state sovereignty and sovereign equality of states

14. The principle of non-use of force and threat of force. Definition of aggression. Self-defense in international law.

15. Principles of territorial integrity of states and inviolability of state borders

16. The principle of peaceful resolution of international disputes. Legal content and formation of the principle. Concept of international dispute and situation

18. The principle of equality and self-determination of peoples and nations. Content and meaning. Relationship with the principle of territorial integrity of states

19. Subjects of public international law: concept, types, content and features of international legal personality

21. International organizations as subjects of international law: concept, characteristics, types, features of legal personality

22. Recognition of states and its legal consequences. Types of recognition

23. Succession in international law. Objects of succession. General characteristics of the conventions. Succession in connection with the collapse of the former USSR

24. The problem of the international legal personality of an individual. Basic concepts.

25. International legal means of resolving international disputes.

26. Judicial resolution of international disputes. International courts.

27. Dispute resolution procedure within the UN.

28. International treaty: concept, types. Vienna Convention on the Law of Treaties 1969.

29. Stages of concluding international treaties. Ratification and other means of expressing consent to be bound. Entry into force. Registration.

30. Form and structure of international treaties. Reservations. Invalidity, termination and suspension of international treaties. Denunciation.

31. Universal Declaration of Human Rights 1948: content and assessment.

32. International Covenant on Civil and Political Human Rights of 1966 and its optional protocols. Control mechanism.

33.International Covenant on Economic, Social and Cultural Rights of 1966 Control mechanism.

34. International Covenant on Civil and Political Human Rights of 1966 and its optional protocols. Control mechanism

35. International legal protection of women and children. Brief description of the conventions

36. The right to file an individual complaint with international bodies. Examples

37. UN Human Rights Council: legal status, composition, competence.

38. European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950: structure, protocols, control mechanism, meaning.

40. Convention for the Prohibition of Torture 1984: the concept of torture, the powers of the Committee against Torture.

41. Internal and foreign bodies of external relations of states. Legal status. Show using the example of Russia.

42. Diplomatic missions: concept, composition, functions. The procedure for appointing and recalling heads of diplomatic missions. Agreman.

43. Classes and ranks of diplomatic representatives. Diplomatic privileges and immunities. Diplomatic corps.

44. Consular offices: concept, types, composition, functions. Consular district.

45. Consul classes. Honorary Consul. Consular immunities and privileges. Procedure for appointment and recall of consuls. Consular patent and exequatur.

46. ​​International Labor Organization (ILO). ILO Convention on the Protection of Labor and Social Human Rights.

47. UN: history of creation, goals and principles. Structure and content of the UN Charter. UN System.

48. UN General Assembly: composition, types of sessions, structure, order of work, legal force of decisions.

49. UN Security Council: composition, voting procedure, peacekeeping powers, sanctions, legal force of decisions. Examples.

50. International Court of Justice: composition, order of formation, competence, jurisdiction. Examples of decisions and advisory opinions of the Court

51. UN specialized agencies: concept, types, connection with the UN. Activities. Examples

52. Legal status of the UN International Law Commission, brief description of activities, contribution to the development of international law

54. International legal prohibition of bacteriological and chemical weapons. Convention

55. International legal regulation of the ban on nuclear weapons tests.

56. Treaty on the Non-Proliferation of Nuclear Weapons of 1968. Mechanism for monitoring compliance with its provisions

58. International economic organizations. World Trade Organization: brief description. WTO and Russia.

59. Types of international economic agreements. Resolution of interstate economic disputes within the framework of the WTO. Resolution of international investment disputes

60. Types of territories in international law

61. State territory: concept and types. Legal grounds and methods of change. State borders

62. Legal regime of the Arctic. "Sector" theory. Legal status of the Arctic maritime spaces. Northern Sea Route. Arctic continental shelf

63. International legal regime of Antarctica. 1959 Antarctic Treaty System Control Mechanism

65. Inland sea waters, “historical” waters: concept, legal regime. Examples.

66. Territorial sea: concept, width, legal regime. The right of innocent passage and the procedure for its implementation

68. Continental shelf: concept, width measurement, legal regime. Sovereign rights of coastal states. Rights of third states. Russian legislation on the continental shelf

69. High seas: concept, principles of freedom of the high seas. Rights and obligations of the flag state. Hot Pursuit

70. International legal fight against piracy

71. Legal regime of the International Seabed Area. International Seabed Authority. The procedure for developing the resources of the Area

73. International Civil Aviation Organization (ICAO): goals, structure, activities. Conventions and regulations

75. International legal regime of outer space, the Moon, space objects. Legal status of astronauts.

77. International legal protection of the World Ocean.

78. International legal protection of atmospheric air, the ozone layer and cooperation in the fight against climate change.

80. International crimes. The concept and types of crimes of an international nature.

81. Types and forms of the fight against international terrorism.

82. Crimes against civil aviation.

83. Interpol: history of creation, structure and main areas of activity. Russia and Interpol.

85. International criminal liability f/l. International Criminal Court: creation, competence, jurisdiction. Activities of the International Tribunals for the Former Yugoslavia and Rwanda

1) activities of international organizations in the field of economics (constituent documents of the Association of Southeast Asian Nations (ASEAN), Charter of the International Container Bureau, Agreement on the establishment of the WTO 1994, Agreement on the establishment of the Interstate Economic Committee of the Economic Union 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 the Russian Federation on previously granted loans (2004), 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). ) and 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 uniform 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 issues (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 legislation and other related economic crimes (2000) and etc.);

5) customs relations (Customs Convention on the A.T.A. Carnet for the Temporary Import of Goods (A.T.A. Convention) (Brussels, December 6, 1966), Customs Convention on the International Transport of Goods Using a 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), Treaty of the USSR and Germany on the Promotion and Mutual Protection of Investments (1989), etc.);

8) international transport (Agreement on International Passenger Transport (1951), Convention on Civil Liability for Damage Caused during the Transport of Dangerous Goods by Road, Rail and Inland Waterways (Geneva, October 10, 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 the Member States of the Customs Union of Goods and services from third countries (2000), etc.).

The subjects of the MEP are states, international organizations (primarily economic ones: IMF, World Bank).

MEP system – sub-sectors: international trade, financial, investment law.

Principles: 1) state sovereignty over natural resources (UN General Assembly Resolution of December 14, 1962), 2) principles of scientific and technical cooperation (confidentiality, prohibition of technology transfer without the consent of other countries participating in the development, joint use of the results of scientific cooperation; 3) principles of economic cooperation (reciprocity, national treatment, most favored nation treatment, non-discrimination).

The most important sources are:

1) Geneva Principles, adopted at the first UNCTAD conference in Geneva in 1964 (“Principles Guiding International Trade Relations and Trade Policies Conducive to Development”)

2) Declaration on the establishment of a new international economic order. Adopted by resolution 3201 (S-VI) of the UN General Assembly on May 1, 1974.

Charter of Economic Rights and Duties of States. Adopted by resolution 3281 (XXIX) of the UN General Assembly on December 12, 1974.

3) Resolution of the UN General Assembly “On confidence-building measures in international economic relations” (1984)

4) Resolution of the UN General Assembly “On International Economic Security” (1985)

The sources of international economic law are:

1. acts regulating the activities of international organizations in the field of economics (Agreement on the establishment of the Interstate Economic Committee Economic Union 1994, etc.);

2. agreements on tax, customs, transport and other issues (Agreement between the Government of the Russian Federation and Estonia on cooperation in the field of standardization, metrology and certification 1994, Agreement between the USSR and the Swiss Confederation on tax issues 1986, Agreement between the Russian Federation and the Republic of Belarus on the Customs Union of 1995, etc.);

3. agreements on scientific and technical cooperation, including agreements on the construction of industrial facilities (Agreement on Economic and Technical Cooperation between the Russian Federation and Egypt, 1994);

4. trade agreements (Protocol between the government Russian Federation and Cuba on trade turnover and payments for 1995, etc.);

5. agreements on international payments and credits (Agreement between the Government of Russia and Belarus on non-trade payments of 1995);

6. agreements on the international sale of goods and other contracts on certain issues of a civil law nature (Convention on Contracts for the International Sale of Goods 1980, Hague Convention on the Law Applicable to the International Sale of Goods 1986). The decisions of international judicial bodies - the EU Court of Justice, the Economic Court of the CIS - have a certain significance for international economic law.

Guidelines for studying the topic:

Understand : concept, principles and sources of international economic law. Types of 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 questions legal regulation economic cooperation between states at the regional level. North American Free Trade Agreement (NAFTA). Agreement on the Establishment of the European Economic Area (EEA), Regional Agreements on Customs Cooperation. Legal status of regional economic organizations(EU, EFTA, EurAsEC, etc.)

Literature:

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

Questions on the topic being studied:

Form of control: group consultation

Summary of the lecture:

1. Concept, sources and principles of international economic law.

International economic is 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 relationships between 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, provision of technical assistance , transportation of passengers and cargo, provision of credits (loans) or their receipt from foreign sources (external borrowing), solving 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 subjects that are different in nature.Depending on the subject compositionThe following varieties can be distinguished: I ) interstate - universal or local, including bilateral, nature; 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 relationships and their participants gives rise tothe specifics of the applied methods and means of legal regulation,indicating the intertwining of international public and international private law in this area, the interaction of international legal and domestic norms. It is through international regulation economic cooperation of the state affects civil relations with the foreign (international) element. The most important factor determining the content of international economic law isintegration "processesat two levels: nom (worldwide) and regional (local)

A significant role in integration cooperation is played byinternational organizations and bodies,among which the most influential are the UN Economic and Social Council (ECOSOC), the World trade Organization(WTO); International currency board(IMF), International Bank for Reconstruction and Development (IBRD).

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

Sources of international economic lawas diverse as the regulated relationships. Universal documents includeconstituent 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 g., various agreements on commodities. Huge contribution Bilateral treaties contribute to the formation of international economic law. The most common are treaties on the international legal regime economic ties, agreements regulating the movement of goods, services, capital across state borders, payment, investment, credit and other agreements.

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

The following modes (principles) are distinguished:

Most favored nation treatmentmeans the obligation of a state to provide (usually on the basis of reciprocity) to another state party to the agreement the benefits and privileges that are provided to them or may be provided in the future to any third state. The scope of application of this regime is determined by the agreement and can cover both the entire sphere of economic relations and individual species relationships. Certain exceptions are allowed from the most favored nation treatment in relation to customs unions, free customs zones, integration associations, developing countries and cross-border trade.

Preferential treatmentmeans the provision of benefits in the field of trade, customs duties, usually inin relation to developing countries or within an economic or customs union.

National regimeprovides for equalization incertain rights of foreign legal entities and individuals with the state's own legal entities and individuals. Usually this 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 foreign legal and individuals. This regime is used by states to regulate such issues as increased protection of foreign investments, provision of customs and tax benefits to representative offices of foreign states and employees of these representative offices 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 permanent mechanism that provides states with a prompt solution to increasingly complex issues international economic life; thirdly, it is a qualified project development apparatus economic agreements, especially multilateral, universal, regional or local in nature. International organizations do not have independent economic interests; all their activities are aimed at developing economic cooperation between states.

In first place among international organizations in terms of its importance is the United Nations with its extensive system of bodies and organizations.These issues in the Organization are dealt with 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 fields (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 UNGA establishes at each session a Committee on Economic and financial matters(Second Committee).

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

ECOSOC as main body The UN, which is responsible for fulfilling its functions in the field of international economic and social cooperation, coordinates the activities of the bodies and institutions of the UN system. Great place ECOSOC activities include preparation of projects 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; Committee on Natural Resources; Development Planning Committee.

There are five regional economic commissions under the leadership of ECOSOC:

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

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

The UN Economic Commission for Africa (ECA) is composed of African states; headquarters in Addis Ababa;

The UN Economic Commission for Western Asia (ECWA) unites the Arab states of Western Asia, Egypt, and also includes the Palestine Liberation Organization; headquarters in Amman;

members of the UN Economic Commission for Latin America And
Caribbean (ECLAC) are 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 goals and functions of the listed commissions are similar: promoting the economic development of the countries of the respective regions, improving the standard of living of their population, promoting economic relations both between member countries and between them and the rest of the world. Similar organizational structure commissions. The highest body is the plenary session of representatives of member states. There are also permanent and temporary auxiliary bodies. Executive body serves as a secretariat headed by an executive secretary. Commissions conduct international conferences, meetings, etc.

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

One of important functions ECOSOC is the coordination of the activities of specialized UN agencies, many of which deal with issues of international economic cooperation. This is primarily 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 Plan of Action for Industrial Development and Cooperation (1975) was developed, which affirms 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 GA, the UN 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 of UNCTAD is to define principles and policies in the field of international trade in order to help accelerate economic development, especially in developing countries. UNCTAD made a great contribution to the formation of new ideas and concepts about the radical 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) the largest International Monetary Organizations were 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 institution, these agreements record a significant degree of independence of the IMF and the World Bank 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 settle balances 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 financing to member countries experiencing balance of payments difficulties and provides them with technical assistance to improve their business practices. Members undertake to cooperate with the Fund and among themselves to ensure the conclusion of orderly exchange agreements and the establishment of a stable exchange rate system along with a multilateral settlement system free from restrictions, and thus promote the balance of payments between countries.

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

The voting power of each IMF member country in its supreme body reflects primarily 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 objective IBRD to promote the reconstruction and development of the territories of member states by encouraging investment for productive purposes. The main task of the IBRD is to stimulate private foreign investment by providing guarantees or through direct participation, as well as to promote international trade and in maintaining balances of payments.

The Bank provides medium- and long-term loans at sufficient high percent. Loans are given to member states of the Bank, as well as to their private companies. If loans are provided to private companies, the interested government of the Bank's member state is obliged to provide appropriate guarantees. In recent decades, the IBRD's financial policy has been focused mainly on developing countries. the main role it focuses on the export of capital, stimulation of private entrepreneurship in developing countries, and the implementation of economic assistance programs for these countries.

In order to regulate trade relations between states, the multilateral General Agreement on Tariffs and Trade (GATT) was concluded in 1947. GATT is the largest multilateral trade agreement, on the basis of which over the past years a mechanism has emerged 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 on accession to the WTO has been created under the Government).

The principle of applying the most favored nation treatment is central to the WTO. According to the agreement, any customs tariff benefit granted by one of the participating countries to another participating country automatically, by virtue of the most favored nation principle, extended to all other WTO member countries.Main tasks of the WTO liberalization foreign trade, reducing customs tariffs, abandoning quantitative restrictions on imports, eliminating discrimination, as well as carrying out other trade and political activities 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 importing and exporting states (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 relationships by securing quotas and obligations of importers to purchase goods by exporting countries, establishing maximum and minimum prices and creating 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 prices for oil and limiting oil production for these purposes with quotas established for each country.

Among the international organizations formed to promote international trade and important for the development of the IEP, we can name the International Chamber of Commerce, the International Bureau for the Publication of Customs Tariffs, and the International Institute for the Unification of Private Law (UNIDROIT). As within the framework of UNCITRAL, the International Chamber of Commerce and UNIDROIT are doing a lot of work to harmonize and unify national legislation regulating commercial and financial relations between entrepreneurs through the development of optional international legal acts. An example is the widely used International rules interpretations of trade terms "Incoterms" developed by the International Chamber of Commerce.

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

International economic law is usually characterized as 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 relationships - trade, production, scientific and technical, transport, monetary and financial, customs, etc. International economic relations are implemented in the form of: purchase and sale of goods and services (export-import transactions), contract work, providing technical assistance, transporting passengers and cargo, providing credits (loans) or receiving them from foreign sources (external borrowing), resolving 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. (some of them are sometimes referred to as branches).

An essential specific feature of international economic relations is the participation in them of subjects that are different in nature. Depending on the subject composition The following varieties can be distinguished: 1) interstate - universal or local, including bilateral, in nature; 2) between states and international organizations (bodies); 3) between states and legal entities and individuals belonging to foreign states; 4) between states and international (transnational) economic associations; 5) between legal entities and individuals of different states.

The heterogeneity of relationships and their participants gives rise to the specifics of the applied methods and means of legal regulation, indicating the interweaving of international public and international private law in this area, the interaction of international legal and domestic norms. It is through international regulation of economic cooperation that states influence civil legal relations with a foreign (international) element. Related to this are numerous references in national civil, economic, customs and other legislation to international treaties (for example, Article 7 Civil Code RF, Art. 5, 6 of the Law “On Foreign Investments in the RSFSR” of July 4, 1991, Art. 3, 10, 11, 16, 18-22 of the Federal Law "On railway transport" dated August 25, 1995, Articles 4, 6, 20, 21, etc. Customs Code RF).

The most important factor determining the content of international economic law is integration processes at two levels - global (worldwide) and regional (local).

A significant role in integration cooperation is played by international organizations and bodies, among which the most influential are the United Nations Economic and Social Council (ECOSOC), the World Trade Organization (WTO), the United Nations Conference on Trade and Development (UNCTAD), the International Monetary Fund (IMF), and the International Bank for Reconstruction and Development (IBRD). At the regional and interregional levels, the European Union, the Organization for Economic Cooperation and Development (OECD), the Commonwealth of Independent States (CIS), as well as the UN regional economic commissions should be noted.

Sources of international economic law as diverse as the relationships they regulate. Universal documents include the constituent acts of relevant international organizations, the General Agreement on Tariffs and Trade of 1947, the UN Convention on Contracts for the International Sale of Goods of 1980, the Limitation Convention in the International Sale of Goods of 1974, the UN Convention on the carriage of goods by sea 1978, 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. Further expansion and deepening of interstate cooperation gives rise to new, more complex, combined types of economic agreements.

Among the fundamental factors determining the relationship between states in the economic sphere is the establishment of the type of legal regime applied to a particular state, its legal entities and individuals.

The following modes are distinguished.

Most favored nation treatment means the obligation of a state to provide (usually on the basis of reciprocity) to another state party to the agreement the benefits and privileges that are provided to them or may be provided in the future to any third state. The scope of application of this regime is determined by the agreement and can cover both the entire sphere of economic relations and certain types of relations. Certain exceptions are allowed from the most favored nation treatment in relation to customs unions, free customs zones, integration associations, developing countries and cross-border trade.

In relation to the sphere of foreign economic relations, this term has an independent meaning, different from the problem of most favored nation treatment when characterizing the status of foreign citizens (see § 7 of Chapter 15).

Preferential treatment means the provision of benefits in the field of trade, customs duties, usually in relation to developing countries or within the framework of an economic or customs union.

National regime provides for the equalization of certain 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, etc.

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

One of the features of international economic law is its active participation in regulating acts of international organizations and conferences. Among the numerous UN resolutions are the Charter of Economic Rights and Duties of States, the Declaration on a New International Economic Order of 1974, the UN General Assembly resolution "Unification and progressive development principles and norms of international law concerning the legal aspects of the new economic order" 1979

Specific forms and methods of legal regulation are discussed further using examples from two sub-sectors - international trade law and international customs law.

Concept and subjects of international economic law. International economic law is a branch of international law, the principles and norms of which regulate interstate economic relations.

Modern international economic relations represent a highly developed complex system, uniting types of social relations that are heterogeneous in content (in object) and in subjects, but closely interact with each other. The unprecedented growth in the importance of international economic relations for each country is explained by objective reasons. Trend towards internationalization public life reached global scale, covering all countries and all major spheres of society, including the economic one.

Essential specific feature international economic relations is the unification into a single system of relations that are different in their subject structure, stipulating the use of various methods and means of legal regulation. There are two levels of relations: firstly, relations between states and other subjects of international law (in particular, between states and international organizations) of a universal, regional, local nature; secondly, relations between individuals and legal entities of different states (this also includes the so-called diagonal relations - between the state and individuals or legal entities belonging to a foreign state).

International economic law regulates only first-level relations - interstate economic relations. States establish the legal basis for the implementation of international economic relations, their general mode. The bulk of international economic relations are carried out at the second level: by individuals and legal entities, therefore the regulation of these relations is of paramount importance. They are regulated by the national law of each state. A special role belongs to such a branch of national law as private international law. At the same time, the norms of international economic law play an increasingly important role in regulating the activities of individuals and legal entities, but not directly, but indirectly through the state. The state influences the norms of international economic law on private law relations through the national law mechanism (for example, in Russia this is clause 4 of article 15 of the Constitution of the Russian Federation, article 7 of the Civil Code of the Russian Federation and similar norms in other legislative acts).

The above indicates the deep interaction of two systems of law (international and national) in regulating international economic relations. This gave rise to the concept of international economic law, combining international legal and national legal norms regulating international economic relations, and the broader concept of transnational law, which includes all rules governing relations that go beyond the borders of the state into a single system of law.

Sources and principles of international economic law. Sources of international economic law: international treaties: multilateral (UN Charter; Charter of Economic Rights and Duties of States 1974; Human Rights Covenants 1966; Declaration on the Establishment of a New International Economic Order 1974); bilateral (trade, credit, payment relations, on the provision of technical assistance, etc.; on trade turnover, on merchant shipping, on scientific and technical cooperation, etc..) international customs and practices.

Principles of international economic law: the inalienable sovereignty of a state over its natural resources; freedom to choose forms of organizing external economic relations; economic non-discrimination; economic cooperation; most favored national treatment; reciprocity.

International economic law generally reflects the laws of a market economy. However, this does not mean restrictions sovereign rights state and reducing its role in the economic sphere. On the contrary, management tasks are becoming more complex economic processes, which leads to an increase in the role of the state and, consequently, to an increase in the possibilities of international economic law in the development of both the national economy and the world economy as a whole.

Resolution of international economic disputes. The growing importance and complexity of international economic relations make it necessary to strengthen their management by 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. The fundamental basis of international economic organizations is the same as that of other international organizations. But there are also some specifics. In this area, states tend to give organizations broader regulatory functions. Resolutions of economic organizations play a role important role, supplementing legal norms, adapting them to changing conditions, and where they are absent, and replacing them. Some organizations have fairly strict mechanisms for implementing decisions made.

The specifics of resolving international economic disputes are associated with the heterogeneity of international economic relations. Economic disputes between states are resolved on the basis of international law, like other interstate disputes. But since international economic cooperation is carried out primarily in relationships between private individuals of different states, the resolution of disputes between them is of great importance for the stability and efficiency of the international economic system.

Disputes between individuals and legal entities of different countries fall under national jurisdiction. They can be considered by courts (of general jurisdiction or arbitration) of states or by international commercial arbitration (ICA). Participants in international economic relations prefer ICA.