1、 Why should we learn International Business Law? What are the goals for this course?1. Learn basic knowledge about International Business Law.2. Get acquainted with legal terms.3. Enhance utilization of legal English.4. Pass the final test and get the credit needed 原告原告被告被告律師律師Final instanceFirst tr

2、ialaccuser plaintiffdefendant accusedlawyer attorney solicitor終審終審初審初審Requirements Be attentive in class. Be cooperative. Take notes (very important since most of the test points will come from the notes)The Legal Environment of International Business LawChapter OneWhat is international business?Int

3、ernational Business the economic system of exchanging goods, services and intellectual property, conducted between individuals and businesses in multiple countries. The principle integral parts of international business Goods, Services and Intellectual Property A comparison between domestic business

4、 and international business. 1.1 International Business and GlobalizationInternational Trade in HistoryArabian merchants travelled to the Far East to trade in spices and silk.The Silk Road is established after the diplomatic travels of the Han Dynasty Chinese envoy Zhang Qian to Central Asia, with C

5、hinese goods making their way to India, Persia, and the Roman Empire, and vice versa.globalizationWhat causes the globalization?Unbalanced resources and raw materialsAdvanced technologyPolitical stabilityInternational trade theoriesTheory of absolute advantageNations should concentrate their efforts

6、 on producing those goods that they can make most efficiently. Surplus of goods is then traded for goods that another nation has produced under the same circumstances. 18th century, Adam SmithTheory of comparative advantagea country would export the product in which it had the greater advantage, and

7、 import the commodity in which its advantage was less. 19th David Ricardo1.2 History of International Business Law HistoryIn the 14-16th century, Lex Mercatoria (customs), or Law MerchantBy the 18th century, national codes (courts recognized the Lex Mercatoria )In the 20th century, esp. World War II

8、, a uniform set of modern rules governing international trade: IMF, WB, GATT (WTO)Fundamentals of International Business Law Clive Schmitthoffs Definition of International Trade Law the law of international trade covers an unusually wide spectrum of business activity. it includes The International S

9、ale of Goods; Marketing Organization Abroad; Finance of Export; Insurance of Exports; Transportation of Exports; International Commercial Dispute Settlement; Construction and Long Term Contracts; and Customs LawDefinition of International Business LawThe body of rules and norms that regulates the cr

10、oss-border transactions in goods, services and intellectual property between parties.Parties: natural persons, legal persons, international organizations and states (on some occasions in the capacity of commercial entity)Sources of international business law International treaties and conventions e.

11、g. CISG, Hague Rules, New York Convention, WTO Agreements International business customs and usages e.g. UCP 600, Incoterms 2010 National law e.g. Law of the Peoples Republic of China on Economic Contracts Involving Foreign Interest Others: soft law, e.g. international model lawOverview of world leg

12、al systems The Romano-Germanic Civil Law System Germany, France, and Japan etc. Codification: French Civil Code, German Civil Code The Anglo-American Common Law System The U.S., U.K., Canada, Australia etc. Case law: precedents Islamic Law SystemThe Role of international organizations in internation

13、al business IGOsIntergovernmental OrganizationsI. UNCITRAL (United Nations Commission on International Trade Law) 聯(lián)合國國際貿易法委員會聯(lián)合國國際貿易法委員會 It is the core legal body of the United Nations in the field of international trade law. Purpose: to promote international trade through the harmonization of trade

14、 law among nations. It prepares legal texts in a number of key areas such as international commercial dispute settlement, electronic commerce, insolvency, international payments, sale of goods, transport law, procurement and infrastructure development. UNCTAD (The United Nations Conference on Trade

15、and Development)聯(lián)合國和貿易發(fā)展會議聯(lián)合國和貿易發(fā)展會議 Convened once every four years since its establishment. purpose: give developing countries more access to the worlds economy many committees within UNCTAD specialized in commodities, technology, shipping, competition, trade preferences, etc. UNDP (United Nations

16、Development Program)聯(lián)合國開發(fā)計劃署聯(lián)合國開發(fā)計劃署 Provides technical aids to developing countries from voluntary contributions from the states UNIDO (United Nations Industrial Development Organization)聯(lián)合國工業(yè)發(fā)展組織聯(lián)合國工業(yè)發(fā)展組織 Promotes the industrialization of developing countries EU (European Union) 歐盟歐盟Historical Dev

17、elopment 1. taking shape in 1951 with the establishment of the European Coal and Steel Community. 2. Two additional communities - the European Economic Community and the European Atomic Energy Community - were created in 1957. 3. In 1965, common institutions were established for the three communitie

18、s and the three communities became known collectively as the European Community (EC). 4. In 1993, the Maastricht Treaty renamed the EC as the European Union. WTO World Trade Organization 世貿組織世貿組織The WTO serves four basic functions: (1) to implement, administer, and carry out the WTO Agreement and it

19、s Annexes; (2) to act as a forum for ongoing multilateral trade negotiations; (3) to serve as a tribunal for resolving disputes; and (4) to review the trade policies and practices of member states. 1999 China signed bilateral agreements with USA on entry of WTO 2001, China became the 143th member of WTO 2011 Russia joined the WTO 2013 Tajikistan became the 159th member of WTONGOsNon-governmental OrganizationsI. ICC (International Chamber of Commerce國際商會國際商會) Purpose: to harmonize, codify, and standardize international business practices. Major