国商期末总结

国际商法期末总结

第一章

1.惯例概念custom：A long established tradition or usage that becomes customary law if it is (a) consistently and regularly observed and (b)recognized by those states observing it as a practice that they must obligatorily follow.

2.来源What are the sources of international law:：①treaties and conventions ②custom ③general principles ④others

3.国际法主体subjects：States，International organizations，Individuals.

4.大陆法系概念civil law：(1)The legal system derived from Roman and Germanic practice and set out in national law codes.(2)As distinguished from public law,the body of law dealing with the rights of private citizens.

5.哪些国家属于大陆法系：Continental Europe, Russia, China, Japan, Quebec(Canada), Louisiana(U.S.A), Scotland(U.K.), some states in Asia, Africa & Latin America which used to be the colonies of European countries like Spain, Portugal & France

6.英美法系common law:The legal system of England and countries that were once English colonies.It is based primarily on court-made rules or precedent.

7.哪些国家属于英美法系：U.K., British Common Wealth Countries, U.S.A, Ireland, and some countries and areas which used to be the colonies of the Great Britain, such as Hong Kong

8.International law:The body of legal rules and norms that regulates activities carried on beyond the legal boundaries of a single state.

第二章

1.征收概念expropriation：A taking of private property by a government.

2.国家责任概念state responsibility：Liability of a state for the injuries that it causes to aliens and foreign businesses.

3.海外投资保险需要承担哪些风险:①expropriation(both outright and creeping) ②Currency Inconvertibility ③Political Violence

第三章

1.解决国际争端方式Dispute Settlement through Diplomacy :①Negotiation ②Mediation ③Inquiry

2.调停概念good offices：A third party who provides the mans by which two disputing parties may communicate with each other.

3.调解概念conciliation：The process by which an impartial third party makes an independent investigation and suggests a solution to a dispute.

4.投资争端解决机构仲裁问题ICSID Arbitration：①Governing Law ②Constituting an Arbitration Tribunal:(1)2 preliminary conditions .Both the home state & the host state are members to ICSID ▪The investor & the host state must both consent to ICSID jurisdiction .(2)the parties can choose the arbitrators & the place of arbitration freely only when they reach an agreement on these issues.(3)the jurisdiction of ICSID arbitration is exclusive ③Jurisdiction.（1）Personal Jurisdiction；▪State Party: a contracting state ▪Private Party: a national of another contracting state（2）Subject Matter Jurisdiction. ▪Disputes ▪Investment Disputes ④Provisional Measures & Awards ⑤Enforcement 1）the award is binding on the parties 2）the court of the states