国际经济法授课教案(正式双语版)

《国际经济法》授课教案

双语教学

Teaching Plan for International Economic Law

Bilingual Teaching

郭德香

By Guo Dexiang

郑州大学法学院

Law School of Zhengzhou University

Chapter1 General Introduction of IEC

（第一章国际经济法概述）

1.1Concept and System of IEC

国际经济法的概念和体系

1.1.1Relative Theories of IEC

国际经济法的有关学说

1.1.1.1 Narrow definition（狭义说)：两种主体

1.1.1.2 Broad definition（广义说)：四种主体（自然人、法人、国家、国际经济组织）

1.1.1.3Generalization（总结)：广义说符合现代国际经济发展的实践，是大多数国家应该采取的观点。

With regard to the theory of IEC, most Chinese scholars hold that a broad definition of IEC is appropriate. We hold that there are narrow and broad definitions of IEC. Under the broad definition, the scope of IEC shall not only include regulation-related IEC, which is mainly consisted of the domestic economic administrative laws and regulations with foreign elements and public international laws in close connection with international regulation and governance of economic activities conducted by private(natural or legal)persons, but also include transaction-specific IEC mainly consisted of the domestic commercial law with foreign elements and international commercial laws. Under the narrow definition, the scope of IEC shall only include regulation-related IEC, which os mainly consisted of the domestic economic administrative laws and regulations with foreign elements and public international laws in close connection with international regulation and governance of economic activities conducted by private(natural or legal)persons.

1.2Features and Coverage of IEC

国际经济法的特征和体系

1.2.1The Features of IEL

国际经济法的特征

1.2.1.1Unique Subjects of Public IEL

Subjects of IEL cover not only subjects of national or regional private laws but also transnational economic organizations at national,

regional or global levels. The fact that sovereignty countries and multinationals become the subjects of the rights and obligations in economic relationship is a remarkable feature of IEL in relation to subjects.

1.2.1.2Comprehensive Content of IEL

Economic relations among national governments or between national governments and international organizations in areas of investment, trade, credit and technical transfer are all covered by IEL. In addition, an increasing number of international economic management relationships with government authority of one state as one party and an individual person or legal entity as the other party are also governed by IEL.

1.2.2.3Vague Boundary as One of the Features of IEL

International investment is the one of the most common phenomena in international business transactions, from which we can witness the mutual penetration, integration and supplementation of international law, domestic law, public law and private law, the traditionally classified disciplines of law, in addressing international economic relations.

1.3The Coverage of IEL

国际经济法的范围

The Relationship with Respect to International Trade Regulation

The Legal Relationship on International Investment Regulation

Relationship on International Monetary and Financial Regulation

Relationship on International Taxation

Relationship on Other International Affairs

1.4 Legal Sources of IEL

国际经济法的渊源

1.4.1 International Economic Treaties(Conventions)

国际经济条约

International economic treaties, an important source of IEl, are legally binding written agreements between states(regions) for the determination of their mutual economic rights and obligations. According to the number of contracting parties, international economic treaties can be classified into bilateral and multilateral treaties, or into global treaties