Abstract
The main problem with surveying customary international economic law is that there is no universally accepted understanding of the term international economic law. On the contrary, there are huge differences in this regard, ranging from classifying it as a part of public international law to a broad area of law, covering parts of international, municipal and other law, distinguished by the object of regulation – international economic relations of public and private nature. Keywords: international economic law, customary law, economic relations
Highlights
Custom as a source of law plays a much greater role in international law than it does in municipal law
One possible explanation of this situation is that there is not much consensus on customary law in international economic law, because there is no consensus on the meaning of the term international economic law
That international economic law include norms which fulfil the following criteria: first they are law; second they regulate international relations, even if formally they belong to municipal law; third they regulate economic activity
Summary
Custom as a source of law plays a much greater role in international law than it does in municipal law. According to Stephen Zamora it is a set of rules and practice regulating economic relations between subjects from different states and between different states themselves It encompasses law and politics, in particular private law, local law, municipal law and international law.[10] In Jeffery Atik’s view it includes, at the least, international trade law, monetary law, competition (antimonopoly) law, intellectual property law and development law.[11]. Jackson[14] and Hans-Ulrich Petersmann[15] The former holds the opinion that as much as 90% of public international law is at the same time international economic law[16] (an opinion similar to that of Ignaz Seidl-Hohenveldern). That international economic law include norms which fulfil the following criteria: first they are law (even if understood broadly, including soft-law); second they regulate international relations, even if formally they belong to municipal law; third they regulate economic activity
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