論國際經濟法的普遍性－－評《中國的吶喊：陳安論國際經濟法》

On the Universality of International Economic Law－Comments on The Voice from China: An CHEN on International Economic Law

國際經濟法（International Economic Law）是從什麼時候開始具有普遍性的？時至今日，世界貿易組織（以下簡稱“WTO”）的成員方業已超過160個，雙邊投資協定（Bilateral Investment Treaties，以下簡稱BIT或BITs）的總數己接近3000個，因此，現在還提出這個問題，多少會顯得有些奇怪。然而，如果把時鐘回撥到三十年前的1987年，這個問題的回答和今天的答案就迥然不同，而絕不僅僅是修辭上的差異。 Since when has the international economic law (hereinafter 'IEL') acquired universality? Nowadays, the World Trade Organization (hereinafter 'the WTO') already has more than 160 members. Meanwhile, the total number of bilateral investment treaties (hereinafter BIT) has reached to around 3, 000. So, it seems a little bit weird to raise such a question now. However, if we lookback to 30 years ago in 1987, the answer to this question would be significantly different-and not only in the sense of rhetoric. In 1987, the WTO did not even exist, and its predecessor, the General Agreement on Tariffs and Trade (hereinafter 'the GATT'), only began the time-consuming eighth round of multilateral trade negotiations (Uruguay Round) in 1986. Back then, the GATT had only 91 Contracting Parties. Cold War was coming to its end, and most of the socialist countries, including the Soviet Union and China, did not join the GATT. In 1987, the total number of BITs was about 300, mostly concluded between developed countries in Western Europe and developing counties. The Cold War became worldwide immediately after World War II.

Since when has the international economic law (hereinafter 'IEL') acquired universality? Nowadays, the World Trade Organization (hereinafter 'the WTO') already has more than 160 members. Meanwhile, the total number of bilateral investment treaties (hereinafter BIT) has reached to around 3, 000. So, it seems a little bit weird to raise such a question now. However, if we lookback to 30 years ago in 1987, the answer to this question would be significantly different-and not only in the sense of rhetoric. In 1987, the WTO did not even exist, and its predecessor, the General Agreement on Tariffs and Trade (hereinafter 'the GATT'), only began the time-consuming eighth round of multilateral trade negotiations (Uruguay Round) in 1986. Back then, the GATT had only 91 Contracting Parties. Cold War was coming to its end, and most of the socialist countries, including the Soviet Union and China, did not join the GATT. In 1987, the total number of BITs was about 300, mostly concluded between developed countries in Western Europe and developing counties. The Cold War became worldwide immediately after World War II.