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15 - The global economy

from Part II - The substance of international law

Jan Klabbers
Affiliation:
University of Helsinki
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Summary

INTRODUCTION

It is probably fairly accurate to suggest that much of international law deals with the global economy, in one way or another. While this may not directly apply to human rights or humanitarian law, other branches of international law have much to do with the economy. Thus, the law of the sea was traditionally concerned with facilitating trade and communication. It is no coincidence that Grotius wrote his famous tract on the freedom of the high seas on assignment by the Dutch East Indies Company; legal argument was deemed necessary for economic purposes, as Spain and Portugal were about to divide the high seas between them, which would have had nasty economic repercussions for other seafaring nations.

By the same token, maritime delimitation can be understood as an exercise in dividing potential spoils, especially since oil and gas reserves have been found on the continental shelf, and since deep seabed exploration has become at least hypothetically feasible. Likewise, rules on the distribution of satellites are economic in inspiration, whereas environmental rules function, to some extent, to stimulate competition on equal terms; a state with strict environmental standards may find it more difficult to attract foreign investment than a state with more relaxed environmental standards. Moreover, environmental regimes on occasion make use of economic incentives, such as the facility to trade emissions.

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International Law , pp. 266 - 284
Publisher: Cambridge University Press
Print publication year: 2013

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  • The global economy
  • Jan Klabbers, University of Helsinki
  • Book: International Law
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139022569.019
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  • The global economy
  • Jan Klabbers, University of Helsinki
  • Book: International Law
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139022569.019
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The global economy
  • Jan Klabbers, University of Helsinki
  • Book: International Law
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139022569.019
Available formats
×