国际商法第一章introduction_to_international_and_comparative_law.ppt

1-6 International Business Law Lecturer:谢扬 E-mail:yang1112fan@ Testing Evaluating Mode Characteristics of this course: a major compulsory course Great daily performance + good final examination score= High grade Daily performance takes 30% Final examination result takes 70% daily performance contains: 1.Attendance rate—5 points will be deducted for each unreasonable absence. Late attendance for 3 times is considered as one absence. 2.Classroom dynamics—express your views 3.Fufil the assignments 4.case analysis (The 70 cases in the textbook ) Suggestions on study 1.Prepare new lessons 2.Take notes carefully in class 3.Underline key points 4.Review the lessons we have learnt 5.Raise questions or turn to the teacher for help whenever you are in trouble. Chapter 1 INTRODUCTION TO INTERNATIONAL AND COMPARATIVE LAW Topics for this chapter: Defining International Law Making International Law Sources of International law Scope of International Law in Practice International Persons Individual Rights Under International Law Comparison of Municipal Legal Systems What is International Law? Historically, dealt with 3 kinds of international relationship：1.those between states and states;2.those between states and persons ;3.those between persons and persons. the rules and norms regulating the relationships between states (countries) This law between nations is called public international law With growth of relationships between persons and corporations in different states, private international law developed to govern their conduct Examples of Public andPrivate International Law Schools of Thought Defining The Basis of International Law (IL) Cosmopolitans argue that IL is based upon universal human rights. Positivists say that IL is based on the sovereign equality of all states and state consent to IL through treaties or custom. Hobbesians claim that states will make agreements and abide by IL only when it suits their self-interests. Goodwill and Civility Between States