國際經(jīng)濟(jì)法課程教學(xué)大綱

1、國際經(jīng)濟(jì)法課程教學(xué)大綱課程名稱：國際經(jīng)濟(jì)法英文名稱：International economic law課程編號：x3090191學(xué) 時 數(shù)：64其中實(shí)驗(yàn)（實(shí)訓(xùn)）學(xué)時數(shù)： 0 課外學(xué)時數(shù)：0學(xué) 分 數(shù)：4適用專業(yè)：法學(xué)一、課程的性質(zhì)和任務(wù)國際經(jīng)濟(jì)法是法學(xué)專業(yè)的專業(yè)課。它是一門理論和實(shí)際結(jié)合比較緊密的課程。該課程以國內(nèi)成文法、國際條約及國際慣例為依據(jù)，通過理論分析、案例研究使學(xué)生系統(tǒng)掌握國際經(jīng)濟(jì)法學(xué)科的基本知識，基本理論，基本技能。通過系統(tǒng)學(xué)習(xí)本課程，要求學(xué)生做到：（1）了解我國在涉外經(jīng)濟(jì)法律方面的立法狀況及發(fā)展趨勢；（2）掌握國際上有關(guān)國際貿(mào)易、國際投資、國際金融、國際技術(shù)轉(zhuǎn)讓法等領(lǐng)域的基本理

2、論及原則；（3）通過大量的案例分析了解目前司法實(shí)踐中對法律及國際慣例的運(yùn)用；（4）掌握運(yùn)用法律和國際慣例的規(guī)定分析和解決涉外經(jīng)濟(jì)糾紛的能力；（5）通過雙語教學(xué)掌握國際條約和慣例的英文表述，能夠閱讀相關(guān)英文資料。二、課程教學(xué)內(nèi)容的基本要求、重點(diǎn)和難點(diǎn) 1. General Introduction to International Economic Law Basic requirement: understand GATT and Bretton Woods System, grasp the manifestations of international economic law profi

3、ciently, grasp the broad sense and narrow sense of international economic law, know the basic principles and contents of international economic law and the relationship between international economic law, private international law and international law.Key point: sources of international economic la

4、wDifficult point: the relationship between international economic law, private international law and international law2. Subjects of International Economic Law Basic requirement: know certification of natural person as subject of international economic law and determining the natural persons nationa

5、lity, certification of artificial person as subject of international economic law and determining the natural persons nationality, acquirement of international economic organizations as subject of international economic law, understand the particularity of state as subject of international economic

6、law, grasp the definition and legal status of transnational corporations.Key point: legal status of transnational corporationsDifficult point: particularity of sovereign states as subjects of international economic law3. General Introduction to International Trade Law Basic requirement: know the eme

7、rgence and development of international trade law, understand the definition of international trade law. Key point: definition of international trade law4. International Sales of Goods Basic requirement: know laws regulating international sales of goods, grasp CISG and Incoterms 2000, common Incoter

8、ms, rights and obligations of buyers and sellers, main clauses of international sales of goods contracts, remedies of breaching contracts and risk of loss.Key point: CISG and Incoterms 20005. International Carriage of Goods and Insurance Basic requirement: grasp four kinds of international carriage

9、of goods, grasp the relevant contents of international carriage of goods by sea，bills of lading and relevant contents of contracts of insurance carriage of goods by sea proficiently, know the basic principles of insurance for international carriage of goods。Key point: carriage of goods by sea, bill

10、of lading and contracts of insurance for international carriage of goods by seaDifficult point: how to distinguish the different kinds of insurance for carriage of goods by sea6. International Technology Trade LawBasic requirement: know the classification of international technology, international p

11、rotection of intellectual property, grasp the contents of international licenses agreement.Key point: the relevant contents of international licenses 7. International Trade in Services Law Basic requirement: know the definition of international trade in services and relevant regulations of GATS Key

12、point: the classification of services adjusted by GATS8. Legal System of Government Control on International TradeBasic requirement: know the definition and classification of government control on international trade, grasp the concrete scope.Key point: concrete scope of legal system of government c

13、ontrol on international trade9. Introduction to International Investment LawBasic requirement: know the definition of international investment and ways of investment, grasp the classification of international investment, the characteristics of international investment law, understand the definition,

14、 sources, system and function of international investment law.Key point: characteristics of international investment lawDifficult point: Classification of international investment10. Legal System of Foreign Investment in the Host StateBasic requirement: understand the definition of foreign investmen

15、t law and legislative characteristics, grasp the basic contents of international investment law, the characteristics of foreign investment enterprises, know the forms of foreign investment enterprises in China.Key point: basic contents of international investment lawDifficult point: the difference b

16、etween foreign enterprises in China 11. Legal System of Overseas Investment in the Home StateBasic requirement: know the definition and characteristics of insurance for overseas investment, know the measures of promotion of the overseas investment, grasp the main contents proficiently.Key point: dem

17、anding of qualified investment in overseas investment insurance system12. International Legal System of the Protection of International InvestmentBasic requirement: know bilateral investment treaties and multilateral investment conventions.Key point: the names of bilateral investment treaties and mu

18、ltilateral investment conventions 13. Introduction to International Law on Money and FinanceBasic requirement: know the concept, feature of international law on money and finance, grasp the sources of international law on money and finance.Key point: the sources of international law on money and fin

19、ance14. International Financing 14.1 International loan Basic requirement: know the concept, feature, issue and grade of international bond, the concept, feature and structure of project financing and international stocks, grasp the legal issues of international project financing, the core contents

20、of international stocks.Key Point: the relevant contents of loans of international commercial bank and the core contents of international stocksDifficult point: the legal issues of international project financing15. International Payment and Credit Card SystemBasic requirement: grasp the payment by

21、bill, grasp payment by letter of credit of bank proficiently.Key point: bill act and payment by letter of credit of bankDifficult point: the difference between payment by remittance and collection16. Introduction to International Tax Law Basic requirement: know the definition and scope of internatio

22、nal taxation, grasp the definition of international tax law, characteristics of international tax legal system, grasp relationship between international tax legal relationship and domestic tax legal relationship, manifestation of international tax legal relationship, grasp the definition, type, func

23、tion of international tax conventions and tax preference, grasp the relevant contents of tax sparing proficiently.Key point: relationship between international tax legal relationship and domestic tax legal relationship; the definition, type and function of international tax conventionsDifficult poin

24、t: the relevant issues of tax sparing17. Tax Jurisdiction Basic requirement: know the definition, nature and types of tax jurisdiction, the standard of determining natural person and artificial person, the definition and limitation of source tax jurisdiction, grasp the definition of conflict of tax

25、jurisdiction and rules of resolution.Key point: the definition of conflicts of tax jurisdiction and rules of resolution18. International Double and Overlapping TaxationBasic requirement: grasp the definition and emergence reasons of international double taxation, the relationship between internation

26、al double taxation and overlapping taxation, grasp the ways of resolution proficiently, know the definition and resolution ways of international double taxation.Key point: definition and emergence reasons of international double taxation, the relationship between international double taxation and ov

27、erlapping taxationDifficult point: ways of resolving international double taxation19. International Tax Avoidance and EvasionBasic requirement: know the definition and difference of international tax avoidance and evasion.Key point: difference between international tax avoidance and evasion20. Intro

28、duction Basic requirement: know the types and characteristics of international economic dispute, litigation and non-litigation ways of international economic disputes settlement, grasp the emergence reasons and resolution methods of parallel litigation and ADR method proficiently.Key point: the patt

29、erns of parallel litigation resolution and ways of ADR; Difficult point: problems caused by parallel litigation21. International Commercial ArbitrationBasic requirement: know the concept and manifestation of international commercial arbitration agreement, the main contents of international commercia

30、l arbitration, grasp the concept and characteristics of international commercial arbitration, grasp the effect of international commercial arbitration agreement and independence of arbitral clauses proficiently.教學(xué)方式分成：講授、練習(xí)、實(shí)驗(yàn)、指導(dǎo)（藝術(shù)類課程適用）對應(yīng)知識點(diǎn)寫清教學(xué)方式、列出學(xué)時和輔導(dǎo)答疑比例（學(xué)時相加后應(yīng)與“學(xué)時數(shù)”一致），可以文字?jǐn)⑹鲆部闪斜恚▍⒖几袷饺缦拢?，但只?/p>

31、選擇一種Key point: concept and characteristics of commercial arbitration, the effect of international commercial arbitration agreement and independence of arbitral clauses三、教學(xué)方式及學(xué)時分配序號主要內(nèi)容主要教學(xué)方式學(xué)時分配輔導(dǎo)答疑比例1General Introduction to International Economic Law 講授42 ：12Subjects of International Economic Law 講授42 ：13General Introduction to International Trade Law講授22 ：14International Sales of Goods講授102 ：15International Carriage of Goods and Insurance講授82 ：16International technology trade law講授12 ：17International Trade in Services Law講授12 ：18