Adjustment of International Law and International Economic Analysis

Abstract This paper analyzes the main doctrine of International Economic Law and Economic Law of the similarities, summed up the purpose and function of Economic Laws - to overcome the double failure of the government and the market; further by drawing on domestic Economic Law of "Triangular Theory Study" method, summarized the Object of International Economic Law - International Relations of Economic regulation.

Keywords regulating relations between market failure government failure

Object of the issue of international Economic Law, theorists have many different views. These views are mostly formed from the International Economic activities stArt in International Economic relations to different standards of international Economic Law to adjust the object or wide or narrow delineation of boundaries . However, these largely ignored the numerous Economic and legal standards (including the Economic Law and International Law) of the most classic features - the dual to overcome market and government failure. As Peter Mann said: "Economic policy and Economic Laws are those areas: there, 'market failure' and 'government failure' from the old mercantilist era until now still being affected by criticism. "Therefore, I will focus on international Economic Law to overcome the" double failure "function, drawing on the domestic economy Act more mature theories of International Economic law to study the adjustment of the object.


First, the relevant doctrine of the echo at home and abroad - "economy" of the law exists to overcome the "double failure"

One of the basic principles of economic law, namely, the principle of appropriate intervention. The key principle is that "intervention" and "needs." First, "market failure" is inevitable in the market mechanism, requiring the country's "intervention"; s Second, based on "limited rationality government" of the assumptions, the state "intervention" in the process of possible abuse of public power - that "government failure", so must be limited to "interference" in the scope and extent of intervention should be "moderate." that is, that the economic law of "government intervention" and "government intervention" the dialectical unity. need to make is, since the adjustment of the object of international economic law involves more than one country or countries involved in the conflict of jurisdiction and sovereignty of national economies equal, if the domestic economic law theory of "intervention" in international economic theory applied to force the colors seem too strong, therefore, is more appropriate for presentation, the following discussion of international economic law at the time, with the "tune" a replaced the word "intervention."
As it happens, our economic law "moderate intervention" principle and the two Members of International Economic Law - Peter Mann and some of the views of Professor Jackson, echoed the same view. Although commercial transactions in the adjustment of the status of private law relations this regard, Peter Mann, Jackson and domestic economic law theory are different attitudes, but they define the time of international economic law, international economic law are referred to overcome the "double market and government failure" feature. It had to Peter Mann mentioned in the "" International Economic Law Constitutional functions and constitutional problems>> in the sentence: "Economic policy and economic laws are all those areas: there, 'market failure' and 'government failure' from the old mercantilist era until now still being affected by criticism. "and Jackson's view seems closer to our theory of economic law, he believes that" the law on the transaction has three pArts "-" private law on the transaction, "" national government regulation of the legal "and" limited government on the law of international economic system. "If this theory with the above-mentioned" 'government intervention' and 'government intervention', the dialectical unity "for docking," on the national government trade regulation law "that" government intervention "of the law, and" Government restrictions on the law of international economic system "is emphasized in the international level," government intervention. "
To sum up, whether domestic or international economic law theory of economic law, the general consensus can be reached the following: "economy" of the law exists to include overcoming the "market failure" and economic "government failure." Of overcoming the "market failure "point of view: Law needs to overcome is the" domestic market failure ", the way a government to pass legislation to intervene in domestic economic activity; international economic law to be overcome is the" international market failure "in a manner both law through international organizations, the private body created to regulate economic activities, including a government to pass legislation on the domestic market or by their nationals with the relevant international regulation of economic activity. From overcome "government failure" point of view, the economic law in domestic law level of "acts of government intervention in the domestic economy" of the constraints; international economic law by international organizations, bilateral or multilateral consultations and other international legal mechanisms to create the "national government intervention in the behavior of international economic activity," the regulation.


Second, the adjustment of the object of international economic law - the international relations of economic regulation to write papers

Law in China and some scholars have adopted the theory of national integration and international economic law to the definition of international economic law. Law, "state regulation that" (also called "three-three theory"), Professor Jun, founder of paint more than that market regulation of economic activities, national regulation and international regulation of the three mechanisms, these three mechanisms are subject to civil and commercial law, economic law and the protection of international economic law. of which the latter two are "visible hand" of regulation, the regulator and adjustment is between being a facilitator, management, regulation and intervention in the regulation of relations, not "general economic exchange activities in the main body of the equal relationship between the commodity currencies", the international economic law is "to adjust the relationship between international economic regulation legal norms. "I believe that more than paint, Professor of International Economic Law Jun This definition has some scientific, there is also inadequate. For example, the" state regulation mechanism "fully integrated into the national" economic law "point of view has yet to be open to question. However, this "adjustment mechanism of the third said," in terms of its methodology is worth learning.

Jun professor with more than paint different is, I believe that "state regulation" should be further divided into "state regulation of domestic economic activity" and "state regulation of international economic activity", �� embodied in economic law in the former, the latter should be included in international economic law system. Jackson of the constitutional system of international economic law, also stressed that the system does not only exist in the international level, he said: "Governments of the laws and institutions are also important sources of the system ... ... this system reflects the national and international norms, the interaction of institutions and policies. If only pArt of the international, or just Research sovereign state, can not understand it. "
In addition, the "international regulation" should be based on market failure and government failure to overcome the different functions into "international law on the direct regulation of international economic activity" and "international law regulating international economic activity of national re-regulation of behavior." In other words, "The state of international law regulating economic activity" and "international regulation of the law" together form the international economic system. "State regulation of international economic activities of the law" that a State Government, through legislation and the domestic market or by their nationals the regulation of international economic activities, specifically understood as Foreign Economic Law; "international regulation of the law" that created all kinds of international mechanisms to regulate international economic activity of direct legal (such as the International Trade Administration Act) and the state regulation the conduct of international economic activity and then adjust the law (that is, Jackson said, "Government restrictions on the international economic system, the law"). Links to Research Papers Download http://www.hi138.com summary, international economic law to overcome is actually a "double failure" of the regulation of the law, the adjustment of the social relations of economic regulatory activities of international regulation that occur in relationships. which can be summarized as a definition of International Economic Law - International economic regulation of international economic law is to adjust the relationship between legal norms. Although this is defined in the language with the paint more than presentation, Professor of International Economic Law Jun identical to the definition, but the most critical is that the two concepts of "economic regulation of international relations "important differences in scope. Specifically, paint and more, Professor Jun-called" international relations of economic regulation, "mainly refers to international law on state regulation of economic re-regulation of behavior occurred during the various international mechanisms and national the relationship between; and this understanding of "economic regulation of international relations" specifically include the following three: First, the state regulation and national activities related to international economic and private body (national or foreign private subjects) that occurred regulation relationship. Second, the international legislation in the direct regulation of international economic activity occurs, a variety of public and private subject between the subject and adjust the relationship. quite special is that regulate relations in this group was adjusted by a private subject, but regulators and legislators do not necessarily match, its composition may be more complex, can be a country, it may be international organizations. such as: <"On the implementation of Article 6 of the Agreement GATT1994>> developed by the WTO, but the anti-dumping investigation, the ruling and the implementation of anti-dumping measures are carried out by national authorities, but, as the legislators involved in the regulation of WTO will come, including "" Anti-dumping Code>> Section 16 provides: "anti-dumping measures is hereby established the Committee ... ... members should be taken immediately to the Committee all preliminary or final anti-dumping actions ... .... "Third, the various international mechanisms and national relationship between economic regulation.


Third, the summary

Discussed above can be summarized as the following chArt:
International economic law directly regulate economic activity directly to regulate international economic activity in what happens when public and private subject (see previous paragraph) the regulation of relations between the various international mechanisms created in the direct regulation of the activities of international economic law (such as International Trade Management Act) to state regulation of the conduct of international economic activity and then adjust the international regime of economic regulation and the relationship between countries create the right mechanism to adjust the behavior of governments re-regulation law (ie, Jackson said, "Government restrictions on the international economic system law ")

Notes:
��, of course, the state regulation of economic activity than the legal regulation, but also can be adjusted by means of economic policy, this article discusses only the legal aspects of state regulation.


References:
[1] [Germany] Peter Mann. International Economic Law Constitutional functions and constitutional problems. Beijing: Higher Education Press .2004.

[2] Li Changqi. Economic Law. Beijing: Law Press, .2002.

[3] Li Changqi. To seek the true meaning of the Road Law. Beijing: Law Press, .2006.

[4] Liu Yannan. Pragmatic approach under the jurisprudence of international economic law. Beijing: Law Press, .2007.

[5] Jun paint and more. On the three stages of development of market economy and its legal protection system. Legal Science .1999 (2). Links http://www.hi138.com Research Papers Download