business law相关名词英语解释.docVIP

international law:The body of rules and norms that regulates activities carried on beyond the legal boundaries of a single state. the sources of international law:Treaties、Conventions、Custom（2 basic elements：Behavioral；Psychological.）、General PrinciplesOthers Comparison: Civil Law System mostly influenced by Roman Law、Germanic Tribal Law、Canon LawLaw Merchant.Common Law System Mostly influenced by Customary Practice of the Courts in England、Roman Law、Canon LawLaw Merchant.HistoryDistribution. State Responsibility:The liability of a state for the injuries that it causes to aliens and foreign businesses. Doctrine of Imputability：If the acts are done by officials of a country within their apparent authority, including:Acts within the scope of an official’s authority,Acts outside their scope of authority when the state provides the means or facilities to accomplish the acts. PS : Non-imputable Acts — Acts of private persons — Acts of officials of other states or international organization— Acts of insurrectionaries— State terrorism. Standard of Care:National standard of care (Third World Countries)—Treating aliens as the same as nationals.International standard of care ( Most Western Countries)-The state is responsible for injuring aliens when its conduct violates the international norms. Objections: (Lack of Standing:Objection that may be made to an international tribunal’s exercise of jurisdiction when a plaintiff is not qualified to be appear before the court. (Lack of Nationality:Objection that may be made to an international tribunal’s exercise of jurisdiction when state bringing suit is dong so on behalf of a person who is not a national of that state. (Lack of a Genuine Link ⑤Others ④Failure to Exhaust Remedies:Objection that may be made to an international tribunal’s exercise of jurisdiction when the private person on whose behalf the suit is brought,failed to seek relief from defendant state. Investment Risks:Expropriation (both outright creeping)、Curre