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Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   FALL 2007-WINTER 2008 , Volume 9 , Number 23 (SPECIAL OF ECNOMIC LAW AND ECONOMIC ANALYSIS OF LOW); Page(s) 261 To 320.
 
Paper: 

NATIONAL ECONOMIC REGULATION AND INTERNATIONAL ECONOMIC LAW

 
 
Author(s):  BAGHERI MAHMOOD*
 
* LAW AND POLITICAL SCIENCES FACULTY UNIVERSITY OF TEHRAN
 
Abstract: 
Last century has witnessed the emergence and the growth of national economic regulations which are promoted by the widespread and profound changes in social and economic relations in modern societies which require the intervention of state to rectify many failures of the free operation of market forces. As free operation of market forces could fail to achieve justice, efficiency or security within national borders, economic regulation to deal with monopolies, asymmetric information, externalities and where national interest could be compromised in international trade, have been introduced. However, the regulatory theories in the areas of competition law, securities regulation and exchange control make sense only within the national borders and against a national political theory. On the other hand, the process of globalization and internationalization of markets has brought about many forms of international market failures against which the national regulatory regimes could not be easily applied and there is no international regulatory regime acceptable to. all states. The unilateral and extraterritorial application of national regulatory laws, therefore, could lead to conflict of jurisdictions and tension between exercising state and the target state. The paper tries to identify the role which international law could play to accommodate the conflicting interests through the demarcation of the jurisdictional boundaries in a highly integrated and globalized economy.
 
Keyword(s): NATIONAL ECONOMIC REGULATION, COMPETITION LAW, SECURITIES REGULATION, ECONOMIC SANCTIONS, INTERNATIONAL ECONOMIC LAW, EXTRATERRITORIALITY, JURISDICTION UNDER PUBLIC INTERNATIONAL LAW
 
References: 
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