国际经济法英文复习

1. The sources of international economic law

1) International economic treaties

2) International Business Practices

3) The normative resolutions of the UN General Assembly

4) National legislation

2. Conclusion of an international contract for sale of goods

International Sale of Goods is the agreements between the parties. It is concluded by one party’s offer and the other party’s acceptance. More often a contract couldn’t reach after the offer, the party often makes counter-offer, after repeated consultations, the two sides reached consensus and the contract could be sustained. In the consultation process, the offer and acceptance are two important legal steps. "United Nations Convention on Contracts for International Sale of Goods" 1980 carried out in articles 14-24 of this provision.

1. Offer

An offer (要约)is a proposal by one person to another indicating an intention to enter into a contract under specified terms. In the words of the Restatement Second of Contracts 24, an offer must be a "manifestation of willingness to enter in- to a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it". Thus, the first element of an offer is a manifestation of an intention to be presently bound subject only to an appropriate acceptance.

1) Conditions constitute an offer.

A proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price. An offer becomes effective when it reaches the offeree.

A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal.

2) Withdraw and revoke the offer.

An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer. Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance. However, an offer cannot be revoked:

(a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or

(b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.

3) Lapse of offer. After the lapse of the offer, both the offeror and the offeree are no longer bound by the offer. Lapse due mainly to the following situations (i) the offer has expired due to time passing, that is, the offeree didn’t accept in the specified period. (ii) The revocation of the offer by the offeror. (iii) The offeror's refusal to offer due to lapse. A refusal by the offeror may be express or it can be implied, a implied