国际商法概念的.doc

国际商法概念 International business law is the body of rules and norms that regulates business activities carried outside the legal boundaries of states. In particular, it regulates the business transactions of private persons internationally, and the relationship of international commercial organizations. 国际商法是调整跨国商事活动的法律规范的总称。它调整的是国际私人商事交易关系和国际商事组织间的关系. Chapter one 第一章 Introduction to International Business Law (国际商法总论) III Sources of international business law 国际商业法的渊源 A. National law 国内法 The most important source. Take China as an example: The Contract Law Trademark Law 商标法 Chinese-Foreign joint Venture (Cooperative) Law,中外合资企业(合作)法律 The Civil Procedure Law民事诉讼法 Arbitration Law仲裁法律 B. International treaties and conventions国际条约和惯例 Differences between treaties and convention: The most important international conventions: The United nations Convention on Contract for the International Sales of Goods（CISG，联合国国际货物销售合同公约） Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (the Hague rules，海牙规则) The Paris Convention for the Protection of Industrial Property (Paris Convention， 巴黎公约 ) Understanding on the Rules and Procedures Governing the Settlement of Disputes (DSU，争端解决规则与程序谅解） C .International model law国际通则 Definition定义: rules and norms worked out and passed by some international organizations for the free choice by nations. Influence: 1. model for national and international legislature;国家与国际立法机构模型 2. a means of interpreting and supplementing existing uniform law; 3. rules governing the contract (situations?); 4. a substitute for the domestic law D. International trade customs and usages国际贸易惯例 Definition(定义): the general rules and practices in international trade activities that have become generally adopted through unvarying habit and common use. (used to be oral but later compiled into written rules) Influence: not law, but plays an important role. 1. as binding rules by agreed upon by the parties to the contract. 2. as int