《国际商法导论》PPT课件.ppt

国际商法,International Business Law,Chapter One: Introduction to International Business Law,Three Tasks Task one: what is International business law? Task two: what are the sources of International business law? Task three: what are the similarities and differences between the common law and the civil law?,Task one: what is International business law?,Definition International business law- refers to total norms and customary practices regulating International business transactions and all kinds of relationships between business organizations across national boundaries. 国际商法是调整国际商事交易（commercial transaction）与商事组织（business organization）各种关系的法律规范（legal norm）的总和。,Three key points,1 the subjects of international commercial transactions international business organizations across national boundaries /multinational corporations （跨国经营的涉外企业，特别是跨国公司）,2 the contents of international business law mainly about the international business transactions, as well as the relationships between multinational corporations.,Contents of the contemporary international business law,Traditional material trade transaction law immaterial transactions of technology, capital ,service and so on. e.g. company law negotiable instrument law 票据法 maritime law 海事法 insurance law law of international technology transfer技术转让法 industrial property law工业知识产权法 international investment law投资法 international financial law 银行法 international tax law law of international dispute settlement仲裁法,3 the norms and customary practices in the international business law they are generally admitted and obeyed by the international world.,Task two: what are the sources of International business law?,source one National business law source two international business treaties and conventions. source three international trade customs and usages source four international business cases,Treaty & Convention,Treaties are binding agreements between two or more states. 它主要是指涉及一些重大问题的政治、经济、法律等问题，是两个或多个国家共同参与达成的具有长期效力的协议，如边界、领事、航运条约等。 Conventions are the legally binding agreements between states sponsored by international organizations. 公约是指针对某一些重大问题，有国际组织发起的，多个国家参与国际会议二缔结的多变条约，它的主要内容多为造法性的。 e.g. GATT1947关税与贸易总协定 CISG1980联合国国际货物买卖合同公约,Task three: what are the similarities and differences between common law and civil law?,Common law Civil law Similarities Differences,Common law,Derived from English law dating back hundreds of years and are based on the principle of following long-established customs that were written down in important court decisions, called Precedents. These prior court decisions that were written and handed down over time have themselves formed a set of laws that help guide the proper behaviors of people, businesses, and other institutions.,Common law,Common law systems often have legislatures that pass laws as well; in the absence of a precedent or a clear legislative act, common law courts can create a new rule of law. England, the United States, Canada, Australia, New Zealand, and some other countries that were once part of the British Empire all have common law legal systems.,Civil law,based on the principle that the only official source of law of a nation is what is specifically written in a code of books called Statutes. Statutory law（成文法） in a civil law system can be very complex since the lawmakers in a nation based on that system situation. Civil law systems are less flexible and adoptable than common law systems. Courts in civil law systems still must interpret the statutes that are passed, but, generally, they may not depart from the statutes and develop their own laws.,Civil law,Civil law systems evolved from the legal system of ancient Rome. The best known example of civil law is the French Napoleonic Code, or Code Napoleon, which has developed in 1807 by Napoleon Bonaparte and which still exists today.,Civil law,Most European countries, such as French, Germany, Spain, Portugal and Italy have their legal systems based on civil law. Additionally, many American, African, and Asian countries that were once colonies of countries of continental European nations have civil law systems. Japan and South Africa have civil law systems. Parts of civil law systems can be found in the courts of countries whose people are predominantly Muslim.,Similarities,Common law and civil law systems are not completely separate; however, many common law countries have aspects of civil law in their legal systems. Furthermore, many non-Western countries have legal systems that are very different from traditional common law and civil law nations.,differences,(1) source Common law based on court decisions or precedent Civil law based on code, statutes, and prescribed texts（制定教科书）。,differences,(2) the ways spreading around the world Common law a direct political linkage to England. Civil law the connection with other civil law countries is more tenuous.,differences,(3)Civil law is the easier of the two legal traditions to be received .,differences,(3)Common law is a matrix of case law and statutes; it sues the jury system and the doctrine of supremacy to limit the actions of the government; and it encompasses a complex terminology.,我国的法律体系,宪法（母法） 大法（ 子法）,国 际 法,经