国际经济法上课资料.doc

Chapter one General Introduction to IE Law 1. What is International Economic Law 1.1 A law branch regulating international economic relation The development of IEL has developed with the economy develops, esp. the development of economic exchanges among nations. 1.2 The features of IEL: IEL is the law regulating international economic relation, which includes social relation with transnational and economic nature, e.g. transnational trade , investment, financing. 1.3 Categorization of the international economic relation: content international goods trade international techniques trade international service trade international direct investment international financing international taxation subject Personnel to personnel (exchange relation) Government to personnel (administration) Gov to gov, org to org (coordinating) (i) Content: international goods trade, international techniques trade, international service trade, international direct investment, international financing, international taxation (ii) Subject: participants include natural persons, legal person, other economic institution, nation, international organization( governmental, non-government) 2. History of IEL The history of IEL is the history of international economy 2.1 Ancient Roman: jus civile est quod sibi populus constituit The the civil law is what a people established for itself. Jus gentium law of the nations,which regulate the relation between ancient Roman and foreign nations. 2.2 Middle Ages: in the west Europe , cities alongside the Mediterranean Sea, Law Merchant came into being, then spread to Spain, France, England, Germany. One outstanding characteristics is under Law Merchant, the law is applicable transnational and the judges were chosen by the merchants themselves. 2.3 in 17th century, nations in west Europe enacted civil code, commercial code, e.g. Code Civil . , in England, Law Merchant was absorbed in common law through the cases decided by the King