Constitutional Functions and Constitutional Problems of International Economic Law

ISBN-13: 9780367154271 / Angielski / Miękka / 2020 / 516 str.

Ernst-Ulrich Petersmann

Opis

This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.

Spis treści

First Part: International Economic Transactions, International Economic Law and International Economic Order 1. International Economic Transactions and International Economic Law 2. Historical Evolution of International Economic Law into a "Stratified Order" 3. International Economic Order and International Economic Law 4. Need for an Economic Analysis of International Economic Law Second Part: Past and Present Trade Mercantilism as "Government Failure" and "Constitutional Failure" 5. Need for Constitutional Restraints on Government Powers to Tax and Restrict the Foreign Trade Transactions of Domestic Citizens: Trade Mercantilism as "Government Failure" 6. Insufficient Constitutional Restraints in National Laws and European Community Law on Government Powers to Tax and Restrict Foreign Trade: Trade Mercantilism as "Constitutional Failure" Third Part: Constitutional Functions of International Economic Rules 7. Constitutional Functions of liberal International Trade and Monetary Rules Fourth Part: Possibilities of "Constitutionalizing" Foreign Trade Policy and Foreign Trade Law in Constitutional Democracies 8. Foreign Affairs and Foreign Trade in the National Constitutions of Liberal Democracies: A Comparative Legal Analysis of the Constitutions of the United States, Switzerland and Germany 9. Summary and Conclusions: Constitutionalizing Foreign Trade Policy through liberal International Rules and their Incorporation into the Domestic Constitutional Systems

O autorze

Petersmann, Ernst-Ulrich