[法学]国际贸易法理论.docVIP

Unit One :Introduction of International Trade Law Outline Definition of ITL The Scope of ITL （调整范围） History of ITL Comparison of ITL and In. Business Law Sources of ITL( 渊源） Question How to understand the word “international law” here? What is International Law? “A rule… that has been accepted as such by the international community.” Includes :Customary international law. International treaties and agreements. General principles common to major legal systems. Public vs. Private International Law Public International Law. Involves relationships between countries and applies “norms regarded as binding on all members of the international community” Private International Law. Is described as conflict of laws or “domain of rights, duties, and disputes between and among persons from different places. Part I Definition 国际贸易法：调整跨越国界的货物贸易、技术贸易和服务贸易关系以及这些贸易关系有关的其他关系的法律规范和规则的总和。 (a) The body of norms and rules Private law: governs transnational Relationships of Private Persons ( International transaction Law) e.g. the law of international sales, trade finance, licensing agreement etc. Public law: laws that make up the legal framework within which international business takes place. e.g. the treaties of EU, GATT agreement, NAFTA (b) the scope of ITL（调整范围） Trade in goods, Trade in service，Trade in technology,other international business field Part III History of International Trade Law Customs and usages Law Decentralization Unification Part IV: Comparison of ITL and In. Business Law (a ) the same origin the commercial usages (b) The different content Part V. Sources of In. Trade Law (a ) International Treaties and Conventions (b) International Trade Usages (c) Domestic Law (d) International Model Law(国际示范法) The Law of Treaties Treaties are binding agreements between two or more nations. A “convention” is a treaty. Bilateral vs. multilateral treaties. such as: “FNC Treaty” 友好通商条约, EU, WTO :