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国际商法.ppt

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国际商法.ppt

上传人:aluyuw1 2017/2/18 文件大小:134 KB

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国际商法.ppt

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文档介绍:1 Chapter One Introduction to International Commercial Law 2 Definition of International Commercial Law ? Definition ? In general, ICL is broadly defined as a group of loosely connected rules, norms or customs governing trading and commercial activities between states . 3 ? The Meaning of “ international ” element ? UNIDROIT PRINCIPLES OF MERCIAL CONTRACTS ?“ The international character of a contract may be defined in a great variety of ways. The solutions adopted in both national and international legislation range from a reference to the place of business or habitual residence of the parties in different countries to the adoption of more general criteria such as the contract having “ significant connections with more than one State ”, “ involving a choice between the laws of different States ”, or “ affecting the interests of international trade ”. ? The Principles do not expressly lay down any of these criteria. The assumption, however, is that the concept of “ international ” contracts should be given the broadest possible interpretation , so as ultimately to exclude only those situations where no international element at all is involved, . where all the relevant elements of the contract in question are connected with one country only. ” 4 ? The Meaning of “ commercial ” element ? According to UNCITRAL Model Law on International Commercial Arbitration: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial and business co- operation; carriage of goods or passengers by air, sea, rail or road. ? The Meaning of “ loosely connected rules, norms or customs ” 5 ? Scope of regulation: ? International sale of