国际商法英文版
国际商法 第二版 英文版 姜作利 课件
III Sources of international business law
C International model law
Definition: rules and norms worked out and passed by some international organizations for the free choice by nations. Examples: 1. Model Law on International Commercial Arbitration by the United Nations Commission on International Trade Law （联合国国际贸易法委员会国际商事仲裁示 范法 UNCITRAL Model Law） 2. Principles of International Commercial Contract by the International Institute for the Unification of Private Law （国际统一私法协会国际商事合同通则, UNIDROIT PICC ）
VI International Organizations
• A. Organization Affiliated with UN
• 4. ― World Bank‖ (two institutions) 世界银行 • The International Bank for Reconstruction and Development 国际复兴开发银行（世界银行） • (loans at market terms, not high-risk loans) • International Development Association 国际发展协会 • (loans to poor countries with average per capital GNP less than $ 410 on more favorable terms, but only to government) • International Finance Corporation 国际金融公司 • ( loans to private enterprises in developing countries)
国际商法合同法英文版
The applicability of the CISG
Three conditions for CISG to apply: a. The contract is for the commercial sale of goods. (so sale of service contract excluded.) b. It is between parties whose places of business are in different countries. ( not nationality or citizenship) c. The place of business are located in countries that have ratified the convention.
Sales excluded from CISG
1. Consumer goods sold for personal, family or household use. 2. Goods bought at auction. 3. Stocks, securities, negotiable instruments or money. 4. Ships, vessels, or aircraft. 5. Electricity. 6. Assembly contracts for the supply of goods to be manufactured or
c. case law v. statuary law (ases and Criminal cases (民事案件
与刑事案件）
Civil cases may include suits for breach of contract （违约）or tort (侵权） cases, such as suits for personal injuries. Typically, they involve a request for damages of the wrongdoer. Criminal cases involve a representative of government attempting to prove the wrong committed against society and seeking to have the wrongdoer punished by the court system.
国际商法英文版
国际商法是调整跨国商事活动的法律规范的总称。它调整 的是国际私人商事交易关系和国际商事组织间的关系.
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What is international law?
International law deals with 3 kinds of international relationships: ——those between states and states, ——those between states and persons, ——those between persons and persons. Traditionally, international law was all about the relationships between states. That is, the law of nations resolved issues between two or more states, and the legal relationships between and among states is what is generally called public international law. As transactions among private entities grew, the phrase private international law was applied to the laws governing conduct between people (and corporations) from different states.
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国际商法英文版课程设计 (2)
国际商法英文版课程设计IntroductionInternational Commercial Law is a branch of law that governs commercial transactions between countries, including the buying and selling of goods and services, intellectual property, and cross-border investments. This course is designed to provide an overview of the key components of International Commercial Law, including contracts, sales, agency, and international dispute resolution.Course ObjectivesThe objectives of this course are as follows:1.To introduce students to the key principles of InternationalCommercial Law.2.To equip students with the necessary knowledge and skills tonavigate international commercial transactions.3.To provide students with an understanding of the legalframework for resolving disputes in international commercialtransactions.4.To enhance students’ ability to communicate and negotiateeffectively in an international business context.Course OutlineModule 1: Introduction to International Commercial LawThis module introduces students to the basics of International Commercial Law, including key principles and concepts. Topics covered in this module include:•Sources of International Commercial Law•Differences between domestic and international commercial law•International treaties and conventions•Jurisdiction and choice of law in international commercial transactionsModule 2: International SalesThis module covers the legal aspects of international sales transactions, including the formation of contracts, transfer of ownership, and delivery of goods. Topics covered in this module include: •Formation of international sales contracts•Incoterms and their role in international trade•Risk allocation in international sales contracts•International carriage of goodsModule 3: International Agency and DistributionThis module covers the legal aspects of international agency and distribution agreements. Topics covered in this module include:•Overview of agency and distribution agreements•Applicable laws and regulations•Termination and breach of agency and distribution agreements•Cross-border agency and distribution issuesModule 4: International Dispute ResolutionThis module covers the legal framework for resolving disputes in international commercial transactions. Topics covered in this module include:•Overview of international dispute resolution methods•Litigation and arbitration as means of dispute resolution•International commercial arbitration rules•Recognition and enforcement of foreign arbitral awards AssessmentAssessment in this course is based on the following components: •Mid-term exam: 30%•Final exam: 40%•Class participation and discussion: 10%•Written assignment: 20%The written assignment will require students to analyze a hypothetical international commercial transaction, identifying the relevant legal issues and proposing strategies for resolving any potential disputes.ConclusionThis course provides students with a solid foundation in the key principles of International Commercial Law. Upon completion of this course, students will have a deeper understanding of the legal framework for international commercial transactions, and will be better equipped to navigate such transactions in an increasingly globalized business environment.。
国际商法 全套课件(英文)607页PPT
• On the one hand, after the Second World War the rapid development of the world economy made the contact of each country more frequently. This made it necessary that a set of uniform international law regulating the relationship of international economy and trade should be made.
international commercial law, refers to the body of legal rules and norms that regulates international trade and international business organizations. • 2. The meaning of “International” • A commercial transaction is international if: • (1) the parties have their places of business in different States or Countries;
• 9.rule of law: 法治。
• 10. legal doctrines: 法律理论。
• 11.legal validity: 法律效力。
I. Definition of International Business Law
国际商法双语版 ch3 CISG
Issue: is CISG applicable? Decision: No. the French Law on Protecting Consumer’s Rights and Interests is applicable
Example: consumer goods
Facts: Seller – a computer retailer in France, receives an order for a computer from buyer, a resident of China. The order is for a powerful, expensive computer of the sort commonly bought for use in business firms. When a dispute arises, Issue: is covered by CISG or law on protecting consumer?
Introduction to CISG
CISG? Transactions covered in CISG
CISG?
CISG = The United Nations Convention on Contracts for the International Sale of Goods
CISG?
Are they defined as International
国际商法期末复习重点英文版完整版
国际商法期末复习重点•rj英文版HUA system olpcc room [HUA16H S2A-HUAS8Q8-HUAH1688]IBL is the body of rules and norms that regulates international business trade and international business organizations ・Sources of IBLWhat does it mean by source of lawNational lawInternational treaties and conventionsTrade customs and usagesInternational model lawCommon law systemCommon law is the law as developed and pronounced by the courts in deciding cases; Competent courtThe reasoning of an adjudicationPrecedentCivil law systemCivil law is the codified law which is made by legislature to regulatespecific relationships;1.Roman law2・ Made law3・ Code and statutedefinition of partnershipDefined as a Profit-making economic organization which is Established of a partnership agreement, Make a Joint capital contributions, conduct business jointly,Share incomes and risks and bear unlimited joint and severalliabilities for debts of the partnership enterprise・特点：Profit-making economic organization;Establishment of a partnership agreement;Joint capital contribution;Sharing of incomes and risks;Bearing of unlimited joint and several liabilities for debtsCreation of a partnership:①an association of two of more persons②carrying on business ③ co - ownership ④ for prof it® intent (U W) ©partnership by estoppelLimited lidb订ity partnership 有限责任合伙的责任承担:In a limited liability partnership, some partners have limited liability, some partners have unlimitedliability.General partnership 普通合伙的责任承担:Bearing of unlimited joint and severalliabilities for debts・出资方式：Capital contribution: in cash; tangible goods; land or land use rights; intellectual property; or other proprietary rights; or in the form of labor service ifit is agreed by all of the partners:partners' rights and duties：①A partner has the right of compensation (补偿) from the partnership (The amount of compensation is decided by how the partners agreed in the partnership agreement) ②A partner has the right of sharing profit from thepartnership®Partners owe a duty to devote full time and best efforts to the affairs of the partnership;©Self-interest is prohibited;©Secret profits in dealing with the partnership is prohibited;©Partners owes a duty to disclose all information and facts from a third party to other partners;©Concealment of infornidtion and facts is prohibited;©That partners work hand in glove with (in collusion with) others for selfish purpose is prohibited;©Partners have a duty to account for any expenditures they make of the partnership funds partners have the duty to be joined as plaintiffs or defendants in legal suits合伙企业的管理：co-managementDissolution of the partnership means that the economic organization ceases to be associated as an entity to carry on a business;1.Non-wrongful dissolution2.Wrongful dissolution3.The death or bankruptcy of any partner automaticdlly dissolves the partnership;4.A court order or decree dissolves a partnership;Winding up：liquidation of the assets of the business of the partnership after dissolution happens;Continuation of the partnership by the remaining partners:Completion of work by the partnership before dissolution;Sharing of profits, bearing of debts, returning of assets:Definition of corporation：A corporation is a form of an economic organization in which the shareholders make investment, elect management and take limited liability for the debts of the corporation.特征：1・ Independent legal status;2.Creation must be permitted by government;3.Management is accomplished through the election of the shareholders;4.The shareholders take limited liability;5.The ownership interest of the corporation is freely transferable;6.Double taxation;legal status：A corporation is a legal person and a legal entity independent of its owners (shareholders) and its managers (officers and the board of directors)・ Its life is unaffected by the retirement or death of its shareholders, officers, and directors. "Piercing the corporation ve订” theory Means to prevent the companys independent personality abuse and protect the interests of the creditors and social public interests, the specific legal relationship of specific facts, denied that the company and its shareholders behind the independent personality and limited liability of shareholders, shall be ordered to the shareholder of the company (including natural person shareholders and legal person shareholders) to the company creditors or directly responsible for public interests, to achieve fairness and justice of the requirements and set up a kind of legal action. 滥用权力的表现1・ Separate legal personality is capable of abuse by shareholders to evade legal obligations;2.Domination of the corporation by shareholders;3.Looting of corporation assets;Management of corporations：Management agencies； Board ofdirectors;officers of the corporation; board of supervisors;Management of a corporation is elected by the shareholders;Termination of corporation：(DVoluntary termination:Maturity of pre-agreed period; Completion of pre-agreed project;Agreement of the shareholders to terminate©Involuntary termination：Wrongful trading;Unable to pay its debts; Business of the corporation is not commenced within;Tax evasion;Court resolution;Shareholdersrights :(Dshareholders' meeting©shareholders* election of directors©'fundamental corporate changes ©shareholders' inspection and information rights©distribution to shareholders©Shareholders' lawsuitShareholders^ liabilities:① Shareholders should be liable for short distribution and illegal distribution@If the shareholders abuse the corporate personality to evade legal obligations, they are liable for the debts of the corporationAn agency is defined as a fiduciary relationship that results when one person,the principal,consents that another person,the agent, shall act on behalf of the principa1. Ostensible agency 表见代理：in some situations, an agent' s powers are expanded neither by agreement with the principal nor by custom or emergency・ Under the doctrine of apparent authority of ostensible authority, authority may be created or expanded whenthe principal causes third parties to reasonably believe the agent has authority.Express authority 明示授权一employment contract; resolution of the board of directors: advisory memorandum; power of attorney;Implied authority 默示授权一on the basis of express authority; in the customary fashion; emergencies; apparent authority and estoppel； secret limitations;Ratification 追认：an agent exceeds the limited authority granted; a non-agent purported to act as agent;Unauthorized contract： 1)implied warranty of authority -------- whether the thirdparty knew that the agent had no authority at the conclusion of the contract; 2)non-existent principal;Termination of an agencyAct of the parties ----- a ccomplishment of contract purpose/occurrence of events;lapse of time; mutual agreement; unilateral termination;Operation of law ---- incapacity, bankruptcy, death; illegality; impracticality・Seller^ s obligations：1.Delivery of the Goods -2.The turning over of documents3.The seller s assurance of the quality of the goods4.The seller' s assurance of ownership of the goods5. -------------------------------------------------------------------------------------------------------------- T he sellers assurance of ownership of the goods Exceptions ---------------------------The buyer knew or could not have been unaware of the charge or encumbrance upon the goods;The sellers compliance with technical drawings, designs, formulas or other specifications furnished by the buyer;Buyers obligations :Payment of price;Taking delivery.Buyers remediesCompelling of specific performance ------ the buyer had not resorted to anotherremedy; the nonconformity constituted a fundamental breach; timely notice- giving of the nonconformity; timely request of specific performance・Avoidance ---- t he seller* s breach of contract constitutes a fundamental breach;the seller rejects to perform within the nachfrist notice by the buyerPrice reduction ---- the buyer reduces a proportionate part of the purchase pricein order to offset the shortage or to reflect the reduced value of the nonconforming goods・Refusing early delivery and excess quantitySeller' s remedies1.to compel specific performance;2.to avoid the contract for a fundamental breach or failure to cure a defect;3.to obtain missing specificationsRemedies available to both buyers and sellers1.suspension of performance;2.avoidance in anticipation of a fundamental breach;3.avoidance of an installment contract;4.avoidance;5・ damages;Bill of ladingA bill of lading is a contract between a carrier (seller, buyer or their agent) and an ocean carrier for the carriage of goods・Characteristics of B/Ll.As a certificate of receipt:as prima facie evidence between the shipperand the carrier, if B/L is not transferred; as final evidence between the carrier and the transferee of B/L;2.As an evidence of the carriage contract between the carrier and the shipper;3.As a document of title：the carrier delivers the goods against the originalB/L;Classifications of B/L 提单的分类Loaded B/L;Named B/L;To the order B/L;Blank B/L;Antedated B/L 倒签提单-it is issued earlier than the actual shipping date;Advanced B/L 预借提单-it is issued before the shipping of the goods;Clean B/L 清洁提单issued through indemnity-it is issued through indemnity to cancel the "unclean" facts of the goods:。
国际商法InternationalBusinessLaw
国际商法InternationalBusinessLaw一、国际商法International Business Law二、国际商法的概念(一)定义(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 intermantional relationships of international commercial organizations.调整国家之间、不同国家和地区的商事组织之间以及它们之间在从事国际商事交易活动中所形成的各种关系的法律规范的总称。
三、特征1、国际商法源于传统的商法，但其调整对象和范围比后者更为广泛。
2、国际商法中的“国际”不是指“国家之间”，而是指“跨越国界”（transnational）。
3、国际商法的性质属于跨国私法。
4、国际商法主要是实体法。
四、国际商法的渊源（一）国际商事条约（international treaties and conventions) Legally, treaties are binding agree-ments between two or more states, and conventions are legally binding agree-ments between states sponsored by international organizations, such as the United Nations.The following are the most important international conven-tions: CI SG, Hague Rules, WTO’s DSU, etc.1、优点：对缔约国具有确定的法律约束力，通过并入或转化使其成为国内法的一部分。
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International Business Law (2 Credits)
Purpose:
This course aims to give students from many cultures and traditions a good look at the overall structure of the global “legal environment” in which business operates today.
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For many, international law remains a contradiction in terms. There is no single world government to make and enforce laws, and no globally recognized forum in which to bring disputes between citizens of different nations-states. To those who see law as “the command of a sovereign”, the more consensual nature (诺成性，契约性) of international law makes it “soft” law or no law at all. Moreover, the decline in the power of states relative to the private sector poses new challenges to contemporary international law. Today, the term international law applies to any conduct outside the boundaries of states, whether of a public or a private nature.
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Chapter 1
INTRODUCTION TO INTERNATIONAL AND
COMPARATIVE LAW
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——those between states and states,
——those between states and persons,
——those between persons and persons.
Traditionally, international law was all about the relationships between states. That is, the law of nations resolved issues between two or more states, and the legal relationships between and among states is what is generally called public international law. As transactions among private entities grew, the phrase private international law was applied to the laws governing conduct between people (and corporations) from different states.
International Business Law Textbook
Ray August, Don Mayer, Michael Bixby. “International Business Law
——Text, Cases and Readings” 6th Edition Pearson
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7. L’Oreal v. eBay 欧莱雅诉eBay案 8. The Natural Gas Case天然气案 9. Great China Metal Industries Co. Ltd. V.
Malaysian International Shipping Corp. 中国金 属工业有限公司诉马来西亚国际航运公司案
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Theoretical Study Introduction to International and
Comparative Law 国际法与比较法入门
State Responsibility and Environmental Regulation 国家责任和环境规制
CHAPTER 1
Defining International Law Making International Law Sources of International law Scope of International Law in Practice International Persons Individual Rights Under International Law Comparison of Municipal Legal Systems
The focus will be on global legal issues concerning state responsibility and environmental regulation, dispute settlement, trade in Goods, services and labour, intellectual property, sales, and transportation, which shows both the diversity and similarity of business and of the law. 本课程从多种文化、传统入手，培养学生审视当今企业经营所 处的全球“法律环境”的整体结构，重点放在全球性法律问题， 涉及国家责任和环境规制、争端解决、货物贸易、服务与劳务、 知识产权、销售、运输等业务，揭示商务和法律的多样性与相 似性。
Case Study: 1. Commission of the European Communities
v. Fed
2. China’s refusal to accept the doctrine of restrictive sovereign immunity 中国拒绝接受国家主权有限豁免原则案
This law between nations is called public international law
With growth of relationships between persons and corporations in different states, private international law developed to govern their conduct
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What is international law?
International law deals with 3 kinds of international relationships:
Dispute Settlement 争端解决 Trade in Goods 货物贸易 Services and Labour 服务与劳务 Intellectual Property 知识产权 Sales 销售 Transportation 运输
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By contrast, Positivists (实证主义者) focus on the sovereignty of states and their consent to limits on that sovereignty. Thus Positivists claim that international law is based on (1) the sovereign equality of all states in the international system and (2) state consent to individual international laws, either through treaties or customs.
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International Law
Historically, dealt with the rules and norms regulating the relationships between states (countries)
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Case Study: 6. European Communities---Regime for the
Importation, Sale and Distribution of Bananas 欧共体—香蕉进口、销售、分销制度案