International Economic Law.doc

International Economic LawProfessor Cui YihongChapter I General Introduction to International Economic Law n Chapter 1 General Introduction to International Economic Lawn Chapter 2 The Law of International Economic Organizationsn Chapter 3 Contracts for International Sale of Goods Chapter 1 General Introduction to International Economic Lawn Chapter 4 Rules of International Trade Termsn Chapter 5 The Law of International Cargos Transportationn Chapter 6 Finance of International Traden Chapter 7 Foreign Investment Lawn Chapter 8 Intellectual Property Rights LawChapter 1 General Introduction to International Economic Lawn Section I Definition and Characteristics of International Economic Lawn Section II The History of International Economic Lawn Section III SourcesSection I Definition and Characteristics of International Economic Lawn I. Definitionn II. FeaturesChapter 1 General Introduction to International Economic Law Section 1 Definition and Characteristics of International Economic Law I. Definition International Economic Law is the body of rules and norms that regulates the international relationships resulted from activities cross the legal boundaries of states between private persons, legal entities, states and international economic organizations. Section 1 Definition and Characteristics of International Economic Lawn II. Featuresn A. The subjects of International Economic Law There are four kinds of subjects in International Economic Law , the nature person, the legal entitiy, states and International Economic Organizations. A. The subjects of International Economic Lawn A) Nature persons Being one of subjects of international economic law, nature persons are the subjects that could accept rights and undertake obligations according to their native countries. A) Nature personsn In west countries, nature persons taking part in international commercial transaction must be of full age and sound mind and must act without undue influence.n In some socialist countries, the nature person is not permitted to take part in international commercial transaction.n By statute in China, the nature person of China was not permitted to engage in international trade of goods, international investment activities, international financial activities. Now, the nature person of China is allowed to be one of the contracting parties in international trade of goods and international technology transfer. B) Legal entities Artificial PersonsDefinition A legal entity is a “person” in the eyes of the law, which is set up according to a lawful route, and has limited liability and a division of function (between the owners of shares and the actual managers of the company). B) Legal entities Artificial PersonsFeatures n Legal entities can sue and be sued in their own names.n Limited liability means that shareholders cannot lose more than the value of their shares, no matter how many debts the legal entities accumulates. Shareholders, in other words, are not personally liable for the corporations debts.n Nowadays, legal entities are the dominant subjects of international economic law. B) Legal entities Artificial Personsn In west countries, the artificial person is active in international economic field, especially the international commercial transactions:n According to the statute in China, only these artificial persons which acquired the permission of engaging in international commercial transaction can conduct the import and export business and be one of the subjects of international economic law. C) StatesDefinition Being the sovereignty, a state has the capacity of accepting rights and undertaking obligations according to public international law. Characteristicsn States have capacity of coming into convention with other states or international organizations to regulate their economic relationships. n Each state has the right of suing in the international court to protect its sovereignty and interests. n Each state also has the property in its all wealth, natural resources and economic activities. C) StatesRolen Being one subject of international economic law, a state can directly take part in international economic activities to sign contracts with other party of foreign countries. For example, in order to exploit the natural resources or develop public ( enterprise) facilities, a state may sign a special permission contract with the foreign investor;.n The state may also sign all kinds of import and export contracts with foreigners or other states to purchase goods in international market. In such occasion, being one part of international economic activity, the state is equal to the other party.n States must make up their foreign economic policy and laws to regulate their foreign economic activities.D) International Economic Organizations Definition It is set up by two or more states in order to carry on activities of common interests through international treaties and conventions. It is also called the nationals union of economics. D) International Economic OrganizationsTypesn International Economic Organizations can be divided into different kinds according to different criterion.n a. According to both general in scope and universal in its intended membership, there are three kinds of international organizations:n a) Global (universal) economic organizations, such as IBRD, IMF, WTO, which are called the three pillars of global economics.n b) Regional international economic organizations, such as EU, NAFTA, OECD, APEC.n C) Specialized International Economic Organizations, such as the nations-union of coco production.D) International Economic Organizationsn b. According to the Charter of the United Nations, there are two kinds of international organizations: n a) IGOs (Intergovernmental organizations) Such as the United Nations, EU and the specialized intergovernmental organizations, for example the customs Unions (such as CACM-Central American Common Market, COMESA-Common Market for Eastern and Southern Africa.n b) NGOs (Non-governmental organizations) b) NGOs (Non-governmental organizations)n Including non-profit and for-profit NGOs.n i. Non-profit NGOs serve as coordinating agencies for private national groups in international affairs.n Examples of non-profit NGOs are the International Air Transport Association, the International Bar Association, and the international Committee of the Red Cross.n ii. For-profit NGOsn Also known as transnational corporations or multinational enterprises (MNEs), are businesses operating branches or subsidiaries or joint ventures in two or more countries.n In theoretical opinion, only non-profit NGOs are the international economic organizations rather than for-profit NGOs.D) International Economic Organizations Rolen In todays international society, international economic organizations also play an important role in international commercial transaction. n They may enter into conventions and impacts or treaties;n They may harmonize the legislation between member states,n c. They may collect and disseminate information about international trade, investment or intellectual transfer.n They may enter into international commercial contracts with other states or private persons to promote international commercial transaction and co-operation.B. The Objects of International Economic LawDefinitionn The objects of this law means the various special relationships resulted from activities between subjects regulated by international economic law. Typesn According to the different position which the subjects in, there are two kinds of this relationships:B. The Objects of International Economic Lawa. Administrative relationshipsn Relationships of this kind are resulted from the activities which the states or international economic organizations regulate the activities of international trade and international investment according to convention or national statute, n The foot between the subjects is not equal under this kind of relationship. a. International Administrative Relationships International administrative relationships are as following: the relationships of supervising the activities of the importers and exporters between the states and their citizens, the relationships of supervising the investment activities between the investors and their native countries and the host countries and so on. B. The Objects of International Economic Lawb. Commercial Relationshipsn Relationships resulted from activities carried outside the legal boundaries of states between private persons, legal entities, states and international commercial organizations.n Its set up on the equal foot. It is the relationship of international economic interflow and co-operation.b. Commercial RelationshipsCommercial relationships are as following:the relationships of contract for international sale of goods, the relationships of contract for international transportation of goods by sea (by air), the relationships of contract for international investment and so on.Section II The History ofInternational Economic Lawn I. The Period of International Economic Law in Germn II. The Period of Coming into Being of International Economic Lawn III. The Period of Development of International Economic Law I. The Period of International Economic Law in Germn Many law scholars in western countries believe that the Hammurabi Codes (C.18th C.B.C) IN Babylon, the earliest known comprehensive codes of law in the world, is the origination of international business law, as considered to be applied most properly in business affairs.I. The Period of International Economic Law in Germn The Hammurabi Codes covers a wide range of business area such as sale of goods, price, tariffs, various contracts. In the course of business outside their boundaries, Babylon merchants brought business law to the Phoenicians in Mediterranean areas. Rome began to be more and prosperous economically in 450 B.C, and as a result there was quick development.I. The Period of International Economic Law in Germn The Roman law then was known as Jus Civil (Civil Law) which regulated the relationships of Romans and Jus Gentium (Public international law 萬民法) which regulated mostly the business affairs of Romans and foreigners. Romans conquered Greece in 146 B.C. and received the Rhode law which was popular in a Greek colony.I. The Period of International Economic Law in Germn During the mid late Middle Ages, along with the rapid development of economy, there in Europe developed a system of customary law known as law merchant, which regulated the dealings of mariners and merchants in all the commercial countries of the world until 17th century. Many of the law merchants principles came to be incorporated into the common law, and modern international business law.II. Period of Coming into Being of International Economic Lawn Being a new law course, international economic law is the result of development of capitalism to monopoly capitalism. It”s because that the largely flow outside the boundaries of states of merchandise and capital made the transaction and consumption of products of many states world widely. At the same time, in order to protect their national industry, some states began to interfere their national economy by placing tariffs and non-tariff barriers. It was called the protectionism of trade. This period includes:II. Period of Coming into Being of International Economic Lawn A. Before world war I, a few of states and international organizations sought to regulate and protect legally this brand new relationship of international economy. So, there have been some international treaties and conventions on business since 19th century such as:II. Period of Coming into Being of International Economic Lawn a. The International Convention for the Protection of Industrial Property in 1883 (Paris Convention) n b. Berne Convention for the Protection of Literary and Artistic Works in 1886n c. The Madrid Agreement of Trade Mark Registrations in 1891 as well as the customs and usages of international trade.II. Period of Coming into Being of International Economic Lawn B. After world war I, capitalism of free competition had developed to the monopoly capitalism. The contradiction resulted from the high degree of development of monopoly capitalism, could not be settled by one single state. So, the quantity and type of international treaties and customs had all increased a lot, such as Convention for the Unification to Bill of Lading in 1924 (the Hague Rules), the 1929 Warsaw Convention for the Unification of Certain Rules Relating to International Carriage By Air, the International Rules for Interpretation of Trade Terms and the Uniform Customs and Practice for Commercial Documentary Credits , ect. At that time, many states made up national laws and bilateral or Multilateral treaties to regulate the commercial relationship between two or more states. Such activities enriched the international economic laws.III. Development of International Economic Lawn A. After World War II, the relationship of international economics has changed a lot and entered into a new stage because of the following reasons, such as the independence of colonial countries and semi-colony countries, the rapid progress of multinational enterprises, the establishment of the United Nations and a number of organizations affiliated with the United Nations such as IBRD, IMF, WTO, UNCITRAL, WIPO. III. Development of International Economic Lawn B. During the half century after Second World War, the United Nations has played an important role in making laws of international economy. n Being one of the important parts of international economic law, some issues of the United Nations have founded the basis of new international economic order. III. Development of International Economic Lawn The international business treaties and customs, such as ICSID (International Convention on Settlement of Investment Dispute), CISG, the International Rules for the Interpretation of Trade Terms in 1990 (revised in 2000), United Nations Convention on the Contract for International Carriage of Goods By Sea, have formed the system of principles, rules and norms of international economic transaction, and make the international economic law be the independent law course. Section III Sources of International Economic Lawn I. Definitionn II. Types of SourcesSection III Sources of International Economic LawI. Definitionn Sources in legal sense refer to something such as a constitution, treaty, statute, or custom that provides authority for legislation and for judicial decisions.n The sources of this law are what international tribunals rely upon in determining the content of international economic law, and they include national law, international model law, international commercial customs and usages, etc.Section III Sources of International Economic LawII. Types of Sources According to different criterion, sources of this law include: national law and international law, the concrete law and procedure law, the forcible law and the law for free choice by individual nations.II. Types of Sourcesn A. National Lawn B. International Treaties and Conventionsn C. International Model Lawn D. International Trade Customs and UsagesII. Types of Sources According to the different subject of law making, sources of this law include: national Law and international law, and the international law includes international treaties and conventions，international model law, international trade customs and usages. II. Types of Sourcesn A. National Law National law is usually the most extensive way of law-making, and one of the most important sources of international economic law. It refers to all rules and norms made by a state.A. National Law National law in China includes The Contract Law of the Peoples Republic of China, Trade Mark Law of the Peoples Republic of China, the law of the Peoples Republic of China on Chinese-Foreign Joint Ventures, the Civil Procedure Law of the Peoples Republic of China, Arbitration Rules of China International Economic and Trade Arbitration Commission, ect.A. National Law National law will, in the long run, still be important source of international economic law, chiefly because, though international business is universally recognized, it is not accepted by all the countries in the world, on the other hand, many rules in international economic law are customarily developed, and state legislature is needed necessarily to assure efficient enforcement and authority to the rules.II. Types of SourcesB. International Treaties and Conventions In international law, the equivalents of legislation are treaties and conventions. Treaties are legally binding agreements between two or m