Jus Cogens And Jus Dispositivum In International Economic Law

This is a thesis on the study of basic theory of international economic law. The scope of the study is confined to the part of international economic law which applies in the level of international economic relations between states. .The legal norms of an internal legal order can generally be devided into two catagories, i.e. norms of jus cogens and norms of jus dispositivum in a state of continental legal system which follows the legal tradition of ancient Roman Law. From the very beginning, public international law has been greatly influenced by ancient Roman Law. Later on, the concept of jus cogens was introduced into public international law and was codified in 1969 Vienna Convention on the Law of Treaties. From then on, norms of judicial nature came into existence in public international law. Due to the fact that the theory applies to both public international law and international economic law in this level, norms of jus cogens occurred in international economic law as well, i.e. the principle of national economic sovereignty, the principle of equality and mutual benefit and the principle of pacta sunt servanda. As regards to jus dispositivum, the two branches of legal science differ vastly in the fact that there are much less norms of jus dispositivum in the field of international economic law than in the field of public international law.Economic globalization has brought in deep influence to international economic law. The principle of national economic sovereignty was the first to be challenged. Where to advance? The theory of the weakening of national economic sovereignty and the theory of particularizing the national economic sovereignty emerged as the time called. The theorists of the weakening of national economic sovereignty based their arguments solely on the superficial appearance of economic globalization, i.e. the activeness of international economic organizations and transnational corporations, but overlooked the fact that the initiative of economic globalization still dwelt in the hands of individual sovereign states. At present, sovereign states are makingadjustments of the ways to enforce national economic sovereignty. Consequently, the theory of the weakening of national economic sovereignty is not only biased but unjustified. The theorists of particularizing national economic sovereignty wrongfully mixed together the nature of right and the other nature of power of national economic sovereignty and considered it solely as a kind of right. Consequently, they also drew an unjust conclusion that the national economic sovereignty could not only be divided but be opened. The fundamental nature of national economic sovereignty is that it is complete and abstract.At the end, three conclusions were drawn. They are as follows: the necessity that norms of jus cogens arose in international economic law, the integration of the principle of national economic sovereignty, the principle of equality and mutual benefit and the principle of pacta sunt servanda, and treaty is in the core of international economic law.