国际商法预习.ppt

Chapter One Introduction to International Business Law Teaching Schedule What is international business law? Sources of international business law Comparison of Municipal Legal Systems What is international business Law? P2 International law is the body of rules and norms that regulates business activities carried out outside the legal boundaries of states. 国际商法，指调整国际商事交易和商事组织的各种国际关系的法律规范和惯例的总和。 Sources of International Business Law (P3) In legal sense, source refers to something such as a constitution, treaty, statute, or custom that provides authority (效力) for legislation and judicial decisions. (content of international business law) A. National Law B. International Treaties and Conventions C. International Model Law D. International Trade Customs and Usages A. National Law （国内法） National law refers to all rules and norms made by a country or a nation. The Contract Law of the People’s Republic of China; Trademark Law of the People’s Republic of China; The Civil Procedure Law of the People’s Republic of China B. International Treaties and Conventions in legal sense, treaties (条约) are binding agreement between two or more states, and conventions （公约）are legally binding agreement between states sponsored by international organizations, such as the United Nations. CISG; Hague Rules (Bills of Lading) CISG (联合国国际货物买卖合同公约) is a convention offering a uniform international sales law. developed by UNCITRAL came into force as a multilateral treaty on 1 January 1988 Widely ratified P37 the most successful international document so far in unified international sales law C. International Model Law(示范法) International model law means the rules and norms worked out and passed by some international organizations for free choice by individual nations. is of no certain legal validity; UNIDROIT PICC (国际统一私法协会的国际商事合同通则) P5 D. International Trade Customs and Usages International trade customs and usages mean the general rules and practices in inter