国际商法课件

Chapter One Related terms of International Business Law
一、 International law

1.the definition of international law: International law is the body of rules and norms that regulates activities carried on outside the legal boundaries of states. 2.the relationships regulated by international law: (1) those between states and states; (2)those between states and persons; (3)those between persons and persons



（二）International organizations 1.Intergovernmental organizations
(1)Intergovernmental organizations are permanent organizations set up by two or more states to carry on activities of common interest. (2)The United Nations is the most important international organizations, the organs of which are the General Assembly, the Security Council, the Secretariat, the International Court of Justice, the Trusteeship Council, and the Economic and Social Council. (3)Besides, WTO is the most important business organization in the world.

二、 The concept of international
business law

International business law is the body of rules and regulations that regulates business activities carried outside the legal boundaries of states. In particular, it deals with the business rights and obligations among individuals, enterprises, international organizations and states in their private position.


2.General principles defined in WTO Agreements. （四）Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law

2.To show that a customary practice has become customary law, two elements must be established—one behavioral and one psychological. (1)The behavioral is called usus (a consistent and recurring practice) ; (2)The psychological element in showing that a customary practice has become law is the requirement that states observing the custom must regard it as binding. This is often referred to by the Latin phrase “opinio juris sive necessitatis”, meaning the opinion that it is a necessary law
三、 Sources of international business
law
（一）International business treaties or conventions In international law the equivalents of legislation are treaties and conventions. 1.Treaties are legally binding agreements between two or more states; (1)bilateral treaties: formal binding agreements between two states (2)multilateral treaties: treaty between more than two states.

3.the department of international law: (1)Public international law which deals only with public conduct between states and was called the law of nations;

(2)International economic of economic activities internationally
(3)Private international law which is the name given to the rules that regulate the private affairs between civil subjects with equal status internationally. A. International business law B. Conflict law


2.Conventions are legally binding agreements between states sponsored by international organizations, such as the United Nations.
（二）International custom, as evidence of a general practice accepted as law 1. Custom is a long established tradition or usage that becomes customary law if it is consistently and regularly observed and recognized by those states observing it as a practice that they must obligatorily follow.

四、International business persons
The personalities of international business law are states, international organizations, businesses, individuals （一）States 1.States are political entities that have a territory , a population, a government capable of entering into international relations, and a government capable of controlling its territory and peoples.

3.Even if the international community follows a practice and recognizes it as binding customary law, under some circumstances the rule will not apply : (1)When a state persistently objects to a practice during its formative stages and thus never becomes a party to it; (2)When a state is allowed by the international community to deviate from the general practice.

（三）The general principles of law recognized by civilized nations General principles are the principles of law common to the world's legal systems 1. the Five Principles of Peaceful Coexistence : mutual respect for territorial integrity and sovereignty, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, peaceful coexistence