Economic Analysis Of The Government's Economic Sovereignty In International Law
Subject Areas : General International LawArash Malki 1 , Seyyedeh Maryam Asadinejad 2
1 - Phd student of Public International Law, Department of International Law, Faculty of Law, University of Qom, Qom, Iran.
2 - General practitioner, private law faculty member, law department, Ahrar Institute of Technology and Higher Education, Rasht, Iran.
Keywords: Economic productivity, economic analysis of law, economic governance, international law, economic theories.,
Abstract :
Sovereignty is the legal authority of the government in international relations, and one of the forms of governance of governments is economic sovereignty. The economic sovereignty of the government has been defined as the supreme authority of the government in the economic will in the international arena. Among the sources of international law, five international documents have tried to explain the negative and positive aspects of the government's economic sovereignty in the international field. In order to measure the efficiency of the economic governance model, this article has undertaken the economic analysis of the government's economic governance in the international arena and has made five key economic theories the basis of the economic analysis of the government's economic governance. According to the analysis, the Keynesian economic theory guarantees the economic efficiency of the government more than other theories in accordance with the current situation of the international community due to its economic realism and order-oriented approach in implementing the government's decisions. It is worth mentioning that the characteristic of realism cannot be completely considered as a desirable model due to the neglect of human rights considerations, and governments are obliged to take such considerations into account in the implementation of economic governance.
Garner, Bryan A. and Collaborators,( 2009), Black's Law Dictionary, West Publishing Co., Ninth Edition.
Kraus, Kateryna, Kraus, Natalia, (2013), Dictionary of Economic Terms, Poltava, Skytek, First Edition.
Leal-Arcas, Rafael, (2018), Commentary On the Energy Charter Treaty, Edward Elgar Publishing
Limited, First Edition.
Mantilla Blanco, Sebastián, Pehl, Alexander, (2020), National Security Exceptions in International Trade
and Investment Agreements: Justiciability and Standards of Review, Springer Publishing, First Edition.
Munasinghe, Mohan, (2004), Sustainable Development: Basic Concepts and Application to Energy,
Encyclopedia of Energy Series, Volume 5, Elsevier Science, First Edition.
Simma, Bruno, Khan, Daniel-Erasmus, Nolte, Georg, Paulus, Andreas, Wessendorf, Nikolai, (2012), The
Charter of the United Nations: A Commentary, Volume I, Oxford University Press, Third
Edition.
Arestis, Philip, Sawyer, Malcolm, (1998), Keynesian Economic Policies for the New Millennium, The
Economic Journal, Vol. 108, No. 446, pp. 181 – 195
Hamilton, Walton H., (1919), The Institutional Approach to Economic Theory, The American Economic
Review, Vol. 9, No. 1, pp. 309 – 318.
Hovenkamp, Herbert, (1995), Law and Economics in the United States: a brief historical survey,
Cambridge Journal of Economics, Oxford University Press, Vol. 19, No. 2, pp. 331–352.
Hudea (Caraman), Oana Simona, (2015), Classical, Neoclassical and New Classical Theories and Their
Impact on Macroeconomic Modelling, Procedia Economics and Finance, Vol. 32. pp. 309 – 312.
McIntosh, Brent J., (2021), Wielding the Tools of Economic Statecraft, Journal of National Security Law
& Policy, Vol. 12, No. 1, pp. 101 – 108.
Moseley, Fred,( 1989), Book Review on Understanding Capital: Marx’s Economic Theory by Duncan
Foley, Review of Radical Political Economics, Vol. 21, No. 1 – 2, pp. 190 – 191.
Terasawa, Katsuaki L., Gates, William R., (1998), Relationships between government size and economic
growth: Japan's government reforms and evidence from OECD, International Public Management
Journal, Vol. 1, No. 2, pp. 195 – 223.
Tisdell, Clem, (2008), Neo-Classical Economics: Relevance, Irrelevance and Rugina's Methodology,
International Journal of Social Economic, Vol. 14, No. 3/4/5, pp. 37 – 49.
Charter of the United Nations(1945).
The Energy Charter Treaty,(1998).
The General Agreement on Tariffs and Trade, (1947).
United Nation General Assembly Resolution (1962).
United Nation General Assembly Resolution 3281, (1974).
https://opentextbc.ca/principlesofeconomics/chapter/1-3-how-economists-use-theories-and-models-to-
understand-economic-issues/ (Last Visit 01/05/2022)
www.eionet.europa.eu/gemet/en/concept/2510 (Last Visit 01/05/2022