国际商法

Teaching Program for International Business Law

(国际商法教学大纲)

Shandong University

School of Law, Institute of International Law

姜作利教授博士

Prof. & Dr. Jiang Zuoli

Tel: 86333313

For the Whole Course

Objectives

1.To provide an introduction of various theories of international business law

and explore their claims in terms of being descriptive (claiming to tell us how the law is), explanatory (claiming to tell us why the law as it is), prescriptive (claiming to tell us how the law should be), predictive (claiming to tell us how the law would be) and constitutive (claiming to tell us how the theory shapes the way the law is)

2.To provide a critical overview of some of the major issues and concepts of

international business law

3.To give students the opportunity to develop a more critical awareness of the

intricacy of law and the international legal systems

4.To help students develop skills of doing international business

Basic Contents

I.Introduction to International Business Law

II.Forms of International Business

III.Legal System of International Business

IV.Contract Law for International Sale of Goods

V.Finance of International Trade

VI.The Law of Agency

VII.International commercial Dispute settlement

Important and Difficult Points

I.Sources of International Business Law

II.International Organizations

parison of Municipal Legal Systems

IV.Some Important Trade Theories

V.UN Convention on Contract for the International Sale of Goods(CISG)

VI.UNIDROIT Principles of International Commercial Contracts(PICC)

VII.International Rules for the Interpretation of Trade Terms(Incoterms 2000)

VIII.Validity and Formation of International Sale of Contracts

IX.Battles of Forms

X.Remedies for Breach of Contracts

XI.Anticipatory Breach of Contract

XII.Passing of Risk

XIII.Excuses for Non-performance

XIV.Bill of Exchange

XV.Collection of Documentary Bills through Banks

XVI.Important Principles of Letters of Credit

XVII.Fraud Exception in Letter of Credit

XVIII.Duties of Agent and Principal

XIX.Termination of an Agency

XX.Jurisdiction and Venue for Settlement of International Commercial Disputes

XXI.Alternative Dispute Resolution

XXII.The Application of Procedure Law and Substantive Law XXIII.Arbitration Agreement

XXIV.Recognition and Enforcement of Awards

Chapter One Introduction to International Business

Law

Objectives

1.To provide a general and brief survey of history and sources of

international business law

2.To give a general introduction to the more important international

organizations

3.To make a comparison of municipal legal systems

Basic contents

1.The concept of international business law

2.The history of international business law

3.The sources of international business law

4.International Organizations

5.The Roman-Germanic Civil Law System and the

Anglo-American Common Law System

Important and Difficult Legal Concepts and Issues

1.International business law is originated in commercial practices

of European merchants known as international trade usages and

practices

2.Merchant law

3.National law is also a source of international business law

4.The Roman-Germanic Civil Law System and the

Anglo-American Common Law System are developed

difficultly but are coming more and more close in recent

decades

I.What is International Business Law

International business law is the body of rules and norms that regulates activities carried out outside the legal boundaries of states. In particular, it regulates the business transactions of private persons internationally, and the international relationships of international commercial organizations.

In comparison with the traditional international business law, contemporary international business law covers much more extensively, such as law for the international trading of goods, company law, negotiable instrument law, maritime law, insurance law, law of international technology transfer, industrial property law, international investment law, international financial law, international tax law, law of international dispute settlement.