第一章国际商法导论

Common law
• Derived from English law dating back hundreds of years and are based on the principle of following long-established customs that were written down in important court decisions, called Precedents. These prior court decisions that were written and handed down over time have themselves formed a set of laws that help guide the proper behaviors of people, businesses, and other institutions.
• Task three: what are the similarities and differences between the common law and the civil law?
Task one: what is International business law?
• Definition
what are the sources of International business law?
• source one National business law
• source two international business treaties and conventions.
• source three international trade customs and usages
Contents of the contemporary
international business law
• Traditional material trade transaction law • immaterial transactions of technology,
capital ,service and so on. e.g. company law
negotiable instrument law 《票据法》 maritime law 《海事法》 insurance law law of international technology transfer技术转让法 industrial property law《工业知识产权法》 international investment law《投资法》 international financial law 《银行法》 international tax law law of international dispute settlement《仲裁法》
• 3 the norms and customary practices in the international business law
—— they are generally admitted and obeyed by the international world.
Task two:
• 2 the contents of international business law
—— mainly about the international business transactions, as well as the relationships between multinational corporations.
International business law----- refers to total norms and customary practices regulating International business transactions and all kinds of relationships between business organizations across national boundaries. • 国际商法是调整国际商事交易（commercial transaction）与商事组织（business organization） 各种关系的法律规范（legal norm）的总和。
e.g. GATT1947关税与贸易总协定 CISG1980联合国国际货物买卖合同公约
Task three:
what are the similarities and differences between common law and civil law?
• Common law • Civil law • Similarities • Differences
• source four international business cases
Treaty & Convention
Treaties are binding agreements between two or more states.
它主要是指涉及一些重大问题的政治、经济、法律等问题，是 两个或多个国家共同参与达成的具有长期效力的协议，如边界、 领事、航运条约等。
Conventions are the legally binding agreements between states sponsored by international organizations.
公约是指针对某一些重大问题，有国际组织发起的，多个国家 参与国际会议二缔结的多变条约，它的主要内容多为造法性的。
国际商法
International Business Law
Chapter One: Introduction to International Business Law
Three Tasks
• Task one: what is International business law?
• Task two: what are the sources of International business law?
Three key points
• 1 the subjects of international
•
commercial transactions
•
• —— international busiHale Waihona Puke Baiduess
organizations across national boundaries /multinational corporations （跨国经营的涉 外企业，特别是跨国公司）