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Values of International Economic Law: Freedom, Fairness and Security

  • Liyu Han

摘要

Laws are norms of behavior, prescribing what should be done and what should not be done. Among legal scholars, the conceptual pairs of natural and positive law, lex lata and lex ferenda, and legality and legitimacy are inescapable. Essentially, this is a question of the relationship between law and morality, a question of the values of law, in the terminology of Western jurisprudence, a question of neutrality or value-freedom of law. In contemporary Chinese terminology, it is a question of the rule of law and the rule of morality. Similar issues seem to be common sense. But in international economic law, such value-based inquiries seem to rarely exist. Are there such questions as values in international economic law, and to what extent are they taken into account in the teaching and study, formulation and application of international economic law?