国际商法第一章ppt概要1.pptVIP

2. Source Treaties Conventions: Definition Article 2(1)(a) of the 1969 Vienna Convention on the Law of Treaties: “Treaty” means an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or two or more related instruments and whatever its particular designation. 2. Source Treaties Conventions: Definition Excluding certain agreements Oral promises Unilateral promises Agreements relating to international organizations 2. Source Treaties Conventions: Definition Excluding certain agreements Agreements governed by municipal law Agreements that were clearly not intended to create a legal relationship 2. Source Treaties Conventions: Effect The doctrine of pacta sunt servanda (Latin for “agreements must be kept”) Based on good faith Therefore, treaties conventions are binding upon the signatory parties. 2. Source Treaties Conventions: Effect The doctrine of International jus cogens (Latin for “compelling law”) Under the influence of natural law concepts A peremptory norm of general international law, recognized by the international community of states as a norm from which no derogation is permitted. 2. Source Treaties Conventions: Effect The doctrine of International jus cogens (Latin for “compelling law”) Article 53 of the 1986 Vienna Convention on the Law of Treaties Treaties Conflicting with a Peremptory Norm of General International Law (Jus Cogens): (IBL p.8) 2. Source Treaties Conventions: Effect The doctrine of party autonomy Under some circumstances, the treaty is binding upon the legal relationship between the parties of an international business transaction only when they have willingly chosen it. 2. Source Custom: Definition General rules and practices have become generally adopted through unvarying habit and common use General rules and practices have been around for such a long time or are so generally accepted that they are describ