Research On Some Theoretical Issues Of The Liberalization Of International Economic Law

Since the middle of 1980s, especially the end of the Cold War, with the fast growth of economic globalization, in the field of international economy, the liberalization-oriented law-making has emerged at unilateral, bilateral, multilateral and global levels, which resulted in a preliminary rules mechanism in the global free market. This dissertation of trans-disciplinary studies about the liberalization of international economic law from the perspectives of economics, international relations theory and politics. The whole thing is constructed into four parts in addition to the preface and conclusion.In the preface, the author discusses some prerequisites for the research into theoretical issues of the liberalization of international economic law, which, firstly, defines the subject of this work, namely, the definition of law liberalization and its connotation and characteristics; as well as the research scope, secondly, compares the concept of law liberalization with the popular term of law globalization, and finally, explains the main theme and approaches, the principal clew and the note therein.In the first chapter, the discussion explores the economic foundation of the liberalization of the international economic law, with the aim of demonstrating why the mainstream is liberalization but not anti-liberalization. At first, the author demonstrates the necessity of studying the economic foundation of law liberalization, and then probes into the various influences imposed by the major economic theories, after the end of World War II and before the rise of Neo-liberal Economics in different countries. From the view of the Neo-liberal Economics, the author makes a deep probe into the surge of the liberalization of international economic law-making and the dilemma that international community unfortunately faces in the course of pursing fairness and efficiency simultaneously.In the second chapter, the author examines the law liberalization from the perspective of international relations theory. The main purpose is to elucidate the transfer of the attitudes, from "confrontation" to "cooperation", among different countries in the international negotiation. Based on that, the author discusses the necessity of studying the theory of international relations through analyzing the relationship, including interactions, between international relations and international law. Different influences imposed by major international relations theories after World War Hare discussed. And them, from the perspective of Neo-liberal Institutionalism, theoretical interpretation is provided about the cooperation among different nations in promoting the liberalization of international economic law; and the shortage of the interpretation is also deeply probed.The third chapter is the exploration of economic sovereignty. In the context of international economic law liberalization, the author traces the vicissitude of the traditional system of economic sovereignty of each country. Concentrating on this subject, this author reviews the theory of economic sovereignty in brief at the very beginning and then analyses the rampant attitude of sovereignty, such as "dilution of sovereignty" and "perdition of sovereignty", in western countries. After this, the author applies the material dialectic to explain the essence of sovereignty in order to work out a convincing conclusion of the vicissitude of the traditional system of economic sovereignty. From the perspective of national sovereignty, the author discusses the history, instrumentality and consubstantiality of sovereignty and nationality. Drawing from this discussion, the author concludes the measures of how to cope with the transition of the ideology of sovereignty and international economic liberalization, utilize the functions and the future trend.The value of fairness of the liberalization of international economic law is the main subject of the chapter four. In this part, the author aims to seek a proper course for the liberalization of international economic law, which is deeply trappe...