European Yearbook of International Economic Law 2010
The first volume of the new Yearbook tries to catch the broadness of contemporary International Economic Law. In part I, it brings together articles on a variety of subjects, reaching from exchange rate manipulation and financial market supervision over i
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Christoph Herrmann
l
Jo¨rg Philipp Terhechte
Editors
European Yearbook of International Economic Law 2010
Editors Professor Dr. Christoph Herrmann, LL.M. Chair for Constitutional and Administrative Law European Law, European and International Economic Law Passau University D-94030 Passau (Germany) [email protected]
Dr. Jo¨rg Philipp Terhechte Assistant Professor of Law Department of European Law Faculty of Law Hamburg University Schlu¨terstraße 28 20146 Hamburg (Germany) [email protected]
ISBN 978-3-540-78882-9 e-ISBN 978-3-540-78883-6 DOI 10.1007/978-3-540-78883-6 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2009932417 # Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Editorial
Over the past year, it has become clear that the financial crisis that started 2 years ago in the United States’ subprime mortgage market has pushed the global economy into the most severe economic crisis since World War II. Economic policy reactions by national governments as well as the European Union and global economic institutions are manifold, and only in their beginnings. However, it seems safe to assume that the international economic order we will end up with once the crisis is finally over will look different from the order we have become used to. Given both the past changes and those awaiting us in the years to come, the new “European Yearbook of International Economic Law” is all the more timely, even though it could not be foreseen how massive the impact of the crisis would prove to be, and how seriously it would put into question fundamental principles when we launched the project in the first place. By using the notion “International Economic Law”, we deliberately try to tear down the boundaries between the different branches of legal scholarship and practice that have existed over decades, as a result — among other factors — of the failure of the Havana Charter. World trade law, international monetary law, international regulation of financial markets, international investment pr
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