国际商法'

名词解释

Arbitration:The process by which parties to a dispute submit their differences to the judgment of an impartial third person or group selected by mutual consents

Convention: Legally binding agreement between states sponsored by an international organization

Custom: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 Supranational powers:Powers surrendered by member states to an intergovernmental organization. Such powers are superior to and preempt the laws and regulations of its member states. In exercising these power, the organization may grant rights and privileges to the national of its member states, which those individuals may directly invoke

Custom union: A group of states that have reduced or eliminated trade barriers between themselves and have established a common external tariff

Free trade area: A group of states that have reduced or eliminated trade barriers between themselves but that maintain their own individual tariffs as to other states

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

Common law: The legal system of England and countries that were once English colonies. It is based primarily on court-made rules or precedent Precedent: An art or instance that may be used as a model for later similar cases.

Conciliation:The process by which an impartial third party makes an independent investigation and suggests a solution to a dispute Jurisdiction: The authority or power of a court or tribunal to hear a particular case or dispute

Forum: The court or locale wherein causes are judicially tried Immunity: Freedom or exemption from a burden or duty, such as from the obligation to appear before a court

Forum selection clause: A provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contract

Choice of law: Rules used by municipal courts to determine which state’s law they should apply in hearing a civil dispute

Forum non conveniens: Doctrine that a municipal court will decline to hear a dispute when it can be better or more conveniently heard in a foreign court

Company: An association of persons or of capital organized for the purpose of carrying on a commercial, industrial, or similar enterprise Partnership: A company of two or more persons who co-owner and manage a business and who are each liable to the full extent of their personal assets for this debts

Article of incorporation:The basic instrument creating and defining a particular corporation, which is filed with a state agency at the time of the