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Subjects of International Economic Law

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International Economic Law in Contemporary World

Part of the book series: Modern China and International Economic Law ((CIEL))

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Abstract

The subject can be expressed in different ways. Simply put, a subject is a participant in some activity. In our legal context, a subject refers to the parties to a legal relationship, the right-holders and duty-bearers of a particular legal relationship. “Any subject of a legal relationship shall have the legal qualification of being able to enjoy rights and fulfill obligations in accordance with the law, i.e., the capacity of rights; a person with the capacity of rights must also have the capacity of behavior in order to independently enjoy rights, exercise rights, and fulfill obligations”. What kind of person can be the subject of some legal relationship depends on the relevant legal system? The subjects of legal relations are different under different laws, legal systems and legal systems. Since international economic law, as we define it, regulates international economic relations, involves a wide range of international economic activities, covers a wide range of legal norms and forms a wide range of horizontal, vertical, internal and external legal relations, the subjects of international economic law are also necessarily diverse.

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Notes

  1. 1.

    Zhang Wenxian, The Concept of Law, Law Press, 2011, p. 262.

  2. 2.

    Zhang Wenxian, The Concept of Law, Law Press, 2011, pp. 263–264.

  3. 3.

    The Civil Code of the People’s Republic of China, Articles 2–4, 96–97, English Translation, edited by Lei Chen et al., Brill/Brill, 2022, p. 3.

  4. 4.

    See Suspending Normal Trade Relations with Russia and Belarus Act, Public Law 117-110, H.R. 7108, April 8, 2022.

  5. 5.

    Jiang Guoqing (ed), Public International Law (third edition), Higher Education Press, 2022, pp. 114–127.

  6. 6.

    See European Union—Measures Related to Price Comparison Methodologies, WT/DS516.As the panel had not been requested to resume its work, pursuant to Article 12.12 of the DSU, the authority for establishment of the panel lapsed as of June 15, 2020.

  7. 7.

    See David Kennedy, A World of Struggle: How Power, Law and Expertise Shape Global Political Economy, Princeton and Oxford, Princeton University Press, 2016.

  8. 8.

    See USMCA, Article 31.21: Private Rights: No Party shall provide for a right of action under its law against another Party on the ground that a measure of that other Party is inconsistent with this Agreement.

  9. 9.

    Australia—Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, WT/DS435/AB/R, WT/DS441/AB/R, adopted on 29 June 2020.

  10. 10.

    Case C-377/02, Van Parys [2005] ECR I-01465, para. 54.

  11. 11.

    See Yale School of Management, Over 1,000 Companies Have Curtailed Operations in Russia-But Some Remain, https://som.yale.edu/story/2022/over-1000-companies-have-curtailed-operations-russia-some-remain, last visited August 8, 2023.

  12. 12.

    Che Pizhao, The International Economic Order in a Juridical Perspective, Tsinghua University Press, 2021, pp. 43–44.

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    Max Weber, The Vocation Lectures, edited and with an Introduction by David Owen and Tracy B. Strong, Indianapolis/Cambridge, Hackett Publishing Company, 2004, p. 33.

  14. 14.

    Douglass Ceil North, Structure and Change in Economic History, New York, W.W. Norton & Company, Inc., 1981, p. 20.

  15. 15.

    Douglass Ceil North, Structure and Change in Economic History, New York, W.W. Norton & Company, Inc., 1981, pp. 17, 21.

  16. 16.

    Remarks by Secretary of Treasure Janet L. Yellen on the U.S.-China Economic Relationship at Johns Hopkins School of Advanced International Studies, April 20, 2023, last visited August 8, 2023. April 20, 2023, https://home.treasury.gov/news/press-releases/jy1425, last visited August 8, 2023.

  17. 17.

    Thomas Hobbes, Leviathan, New York, Oxford University Press, 1998, p. 222.

  18. 18.

    Adam Smith, An Inquiry Into the Nature and Causes of the Wealth of Nations, Chicago, Encyclopedia Britannica, Year: 1952, p. 300.

  19. 19.

    Robert Nozick, Anarchy, State and Utopia, Preface, Willey-Blackwell, 2001, p. 1.

  20. 20.

    State Compensation Law of the People’s Republic of China (2012 Amendment), Article 2: “Where, in performing its/his functions, any state organ or state functionary commits any infringement upon the legitimate rights and interests of a citizen, a legal person or any other organization as Where, in performing its/his functions, any state organ or state functionary commits any infringement upon the legitimate rights and interests of a citizen, a legal person or any other organization as prescribed in this Law, causing any damage, the victim shall be entitled to state compensation in the form of compensation, prescribed in this Law, causing any damage, the victim shall be entitled to state compensation in accordance with this Law.”

  21. 21.

    See Democratic Republic of the Congo v. FG Hemisphere Associates LLC (2011), 14 HKCFAR 95.

  22. 22.

    Interpretation of the Standing Committee of the National People’s Congress on Paragraph 1, Article 13 and Article 19 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, adopted at the 22nd Session of the Standing Committee of the 11th National People’s Congress Special Administrative Region of the People’s Republic of China, Adopted at the 22nd Session of the Standing Committee of the 11th National People’s Congress on August 26, 2011). Congress on August 26, 2011).

  23. 23.

    See Glob. Tech., Inc. v. Yubei (**. State Trading, Article 10 Subsidies, Article 15 Price Comparability in Determining Subsidies and Dum**.

  24. 25.

    United States—Definitive Anti-Dum** and Countervailing Duties on Certain Products from China, WT/DS379; United States—Countervailing Duty Measures on Certain Products from China, WT/DS437. United States—Definitive Anti-Dum** and Countervailing Duties on Certain Products from China, WT/DS379; United States—Countervailing Duty Measures on Certain Products from China, WT/DS437.

  25. 26.

    See Joint Statement on Trilateral Meeting of the Trade Ministers of the United States, Japan, and the European Union, 2018; G7 Leaders’ Statement on Economic Resilience and Economic Security, 23 May 20, 2023; Joint Declaration Against Trade-Related Economic Coercion and Non-Market Policies and Practices, June 09, 2023.

  26. 27.

    See USMCA, Article 32.10 Non-Market Country FTA; Article 14.D.1 Definitions (Claimant).

  27. 28.

    See USMCA, Article 22.1 Definitions (state-owned enterprise); TPP, Article 17.1 Definitions (state-owned enterprise).

  28. 29.

    United States—Definitive Anti-Dum** and Countervailing Duties on Certain Products from China, WT/DS379/AB/R, para. 318.

  29. 30.

    Agreement on Subsidies and Countervailing Measures, Article 1.1(a)(1)(iv).

  30. 31.

    United States—Countervailing Duty Measures on Certain Products from China, WT/DS437/AB/RW, para. 6.3.

  31. 32.

    Draft articles on Responsibility of States for Internationally Wrongful Acts, 2001, Article 5. Conduct of persons or entities exercising elements of governmental authority: The conduct of a person or entity which is not an organ of the State under article 4 but which is empowered by the law of that State to exercise elements of the governmental authority shall be considered an act of the State under international law, provided the person or entity is acting in that capacity in the particular instance.

  32. 33.

    See Japan—Film, WT/DS44; Brazil—Aircraft, WT/DS46; Canada—Aircraft, WT/DS70; EC and its member states—Large Civil Aircraft, WT/DS316; US—Large EC and its member states—Large Civil Aircraft, WT/DS316; US—Large Civil Aircraft, WT/DS353.

  33. 34.

    Philip Morris Asia Limited v. Australia, PCA Case No. 2012-12, Award on Jurisdiction and Admissibility, 17 December 2015.

  34. 35.

    Philip Morris Brands v. Uruguay, ICSID Case No. ARB/10/7, Award, July 8, 2016.

  35. 36.

    Australia—Tobacco Plain Packaging, WT/DS435/AB/R, WT/DS441/AB/R, para. 6.581.

  36. 37.

    See CPTPP, Article 9.11; USMCA, Article 14.11.

  37. 38.

    CPTPP, Annex I, New Zealand.

  38. 39.

    15 CFR §772.1 (7/28/2023), Definitions of terms as used in the Export Administration Regulations (EAR).

  39. 40.

    OECD Guidelines for Multinational Enterprises, 2011 edition, p. 17.

  40. 41.

    United Nations, Economic and Social Council, Commission on Transnational Corporations, Draft United Nations Code of Conduct of Transnational Corporations, Report on the Special Session, Supplement N0.7, E/1983/17/Rev.l, E/C.10/J983/S/5/Rev.l, 1983. Corporations, Report on the Special Session, Supplement N0.7, E/1983/17/Rev.l, E/C.10/J983/S/5/Rev.l, 1983.

  41. 42.

    M. Sornarajah, The International Law on Foreign Investment, Fourth edition, Cambridge University Press, 2017, pp. 234–235.

  42. 43.

    I.C.J., Barcelona Traction, Second Phrase, Judgement, 5 February, para. 38.

  43. 44.

    Draft Articles on Diplomatic Protection with commentaries, 2006, Article 9.

  44. 45.

    I.C.J., Barcelona Traction, Second Phrase, Judgement, 5 February, para. 70.

  45. 46.

    Draft Articles on Diplomatic Protection with commentaries, 2006, Article 9, Commentary, para. 6.

  46. 47.

    Convention on the Settlement of Investment Dispute Between State and Nationals of Other States, Article 25.2.

  47. 48.

    GATS, Article 28 Definitions.

  48. 49.

    CPTPP, Article 9.15.

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  1. Renmin University of China Law School, Bei**g, China

    Liyu Han

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Han, L. (2024). Subjects of International Economic Law. In: International Economic Law in Contemporary World. Modern China and International Economic Law. Springer, Singapore. https://doi.org/10.1007/978-981-99-7541-9_3

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  • DOI: https://doi.org/10.1007/978-981-99-7541-9_3

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