NDLI: Globalization and extraterritorial application of economic regulation: crisis in international law and balancing interests

Content Provider	Springer Nature Link
Author	Bagheri, Mahmood Jahromi, Mohammad Jafar Ghanbari
Copyright Year	2012
Abstract	There are two developments the combination of which has led to new challenges to international law: the growth of economic regulations and globalisation. While the modern economies are associated with the proliferation of regulatory laws which are rooted in the national economic and social policies, the loosening of the national borders and globalisation has led to conflicts of economic regulations. Such developments have posed various risks of violations of national economic regulations by the economic actors and could lead to tension among national states which have jurisdiction over multinational enterprises in one way or another. The private parties involved in such a situation could somehow avoid such risks by their own initiatives and contractual arrangements but in most cases such measures do now work and the conflict has to be resolved through the cooperation between the countries involved. The paper investigates the potentials for public international law to come up with rules, principles and norms to resolve such complex disputes which touch up issues such as non-intervention, equality of sovereign states, state immunity, self-determination and other principles of international law. Unlike certain area of international law such as law of sea where a few factors involved and the disputes could be resolved by relying on simple facts and rules, the application of national economic regulations extraterritorially creates tensions among the nation states in respect of the demarcation of national jurisdictions. It is here that public international faces a new challenges and need to come up with new approaches such a balancing of interests of the states involved in the conflicts.
Starting Page	393
Ending Page	429
Page Count	37
File Format	PDF
ISSN	09291261
Journal	European Journal of Law and Economics
Volume Number	41
Issue Number	2
e-ISSN	15729990
Language	English
Publisher	Springer US
Publisher Date	2012-10-11
Publisher Place	New York
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Economic regulation Extraterritoriality International law Globalisation Jurisdiction Dispute resolution Law and Economics European Integration Public Finance & Economics Commercial Law
Content Type	Text
Resource Type	Article
Subject	Business and International Management Law Economics and Econometrics

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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