国商全英课程教案第一章_大学英语精读课程教案
国商全英课程教案第一章由刀豆文库小编整理，希望给你工作、学习、生活带来方便，猜你可能喜欢“大学英语精读课程教案”。
课程教案
Title of leon
Theoretical leon Chapter One: Introduction to international busine law 【key terms】
Civil law system
Common law system
Precedent
International busine law
CISG
Trade custom and usage Teaching contents: definition of international busine law, content of international busine law, source of international busine law, common law, civil law.Basic contents: n 1.1 Definition of international busine law 1.1.1 Defining international busine law
International busine law refers to the rules and norms that regulates various activities related with international busine transactions, or in other words, all finds of international commercial relationship, especially the person-to-person relationship between two parties transacting busine acro borders.Generally, we can define “international busine law” as the body of legal rules and norms that regulates international commercial trade and international busine organization.1.1.2 The meaning of international
The “internationality” of international busine law means that its regulating objects are commercial relationship with foreign elements, that is to say that at least one element among the subject ,the object and the content of an international busine relationship is acro national borders.1.2 Sources of international busine law
Sources of law are the materials and procees out of which law is developed.The basic sources of international busine law include international conventions and treaties, international customs and usages, and national busine law.1.2.1 International conventions and treaties
1.The meaning of treaties
Treaties are binding agreements under international law entered into by actors in international law, namely states and organizations.A treaty may also be known as agreement, convention, protocol, memorandum of understanding, etc.2.The binding effectivene of treaties
From the 19th century on, it has been recognized that a sovereign can limit its authority by consenting to an agreement according to the principle “agreement must be kept”.Therefore, treaties are binding on the signatory states.With reference to international agreements, “every treaty in force is binding on the parties to it and must be performed by them in good faith.“Agreement must be kept” is based on good faith.The good faith basis of treaties implies that a party to the treaty cannot invoke the provisions of its domestic law as justification for a failure to perform.Meanwhile, because international busine law is of a private nature, the principle of party autonomy also applies to international busine transactions.Under some circumstance, only when the parties of a international busine transaction have willingly chosen a treaty, the treaty is binding on the legal relationship between.Otherwise, it is not.3.Treaties in international busine law
Treaties and conventions related to international busine transactions and trade are sources of international busine law, and the following are the important ones:(1)The United Nations Convention on Contracts of International Sales of Goods in 1980 CISG(2)The convention on Agency in the International Sales of Goods in 1980.(3)The International Convention for the Unification of Certain Rules of law Related to Bill of Lading in 1924, Hague Rules.(4)The Convention on the Unification of the Law Relating to Bill of Exchange and Promiory Notes in 1930(5)The Convention on the Law Applicable to Product Liability in 1977, the Hague Rules
(6)The Paris Convention on the Protection of Industrial Property in 1883 and revised in 1979(7)The Convention on the Recognition and Enforcement of Foreign Arbitral Award in 1985, New York Convention 1.2.2 International trade custom and usage
1.The meaning of international custom
Custom and usage refers to the “general rules and practices that have become generally adopted through unvarying habit and common use.” And international trade custom and usage means the general rules and practices in international trade activities that have become generally adopted through unvarying habit and custom use.According to article 38(1)(b)of the Statute of International Court of Justice, international custom is, “ as evidence of a general practice accepted as law”.International trade customs and practices are international custom in international busine law.2.The binding effectivene of international custom
As rules and practices developed gradually from international busine practices in the long run, international trade customs are, by nature, not law.They are neither international treaties or convention nor national legislations.An international trade custom dose not have any legal binding effect until the parties of an international busine transaction choose it to apply to their contract, and the court and arbitration institution may decide or enforce accordingly.3.Custom and practice in international busine law
Till now, the most important trade customs and practices are those made by the International Chamber of Commerce, the following are the most widely recognized and accepted ones in international busine transactions.(1)The Rule for the Interpretation of Trade Terms in 2010, Incoterm2010u(2)The Uniform Custom and Practice for Documentary
Credit, 2007 revision, ICC Publication 600 1.2.3 National busine law
The national sources of international busine law are busine law found within the legal systems of different counties.1.3 Major legal systems of the world 1.3.1 Common law system
The common law system is also called English law system.Common law systems are based largely on case law, or on court decision.The common law system began in England many hundred of years ago.The United States, Canada, Australia, and other English-speaking countries have a common-law system.Common-law system refers to law and corresponding legal system developed through decisions of courts and similar tribunals, rather than through legislative statutes or executive action.The principle of common-law system is that precedent must be abided by.Judges base their decisions on legal precedent, that is, on earlier court rulings in similar cases.1.3.2 Civil-law system
Civil law or continental law is the predominant system of law in the world, civil law developed in continent countries such as France and Germany.Civil law systems are based mainly on statutes and legislative acts.The majority of civil law counties have legal codes.Now most countries in the world practice civil law.Judges decide cases on statutes, not on precedent.Legislative acts play an important role in the legal system of civil law system.1.3.3 Comparison between the two legal system
In civil law, the main principals and rules are contained in codes and statutes.Hence, codes and statutes are prevail.In common law, law has been dominantly created by judicial decisions, while a conceptual structure is often lacking.In civil law, judges draw conclusion from abstract rules.In common law, judges draw abstract rules from specific cases.Review and Exercise
1.What is the definition of international busine law ?
2.How to understand the source of international busine law？
3.What are the features of common-law system and civil law system?
4.How to draw a parallel between the major two legal system？
5.How to understand the legal effectivene of international trade practice?
