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1、International Business Law HAN Yonghong September 2015 Lecture 1 The Legal Environment of International Business LawI.What is law?nDefinition of Law Law consists of enforceable rules governing relationships among individuals and between individuals and their society.n Function of LawLaw is the forma
2、l glue that holds fundamentally disorganized societies together.”-Hobbes (Leviathan)Law is the cement of society and also an essential medium of change.Knowledge of law increases ones understanding of public affairs.Its study promotes accuracy of expression,facility in argument and skill in interpre
3、ting the written word,as well as some understanding of social values.-Glanville Williams(“Learning the law”)Law and ethics:A societys ethics essentially rest on a collection of shared beliefs.In all societies,ethics and law go hand in hand.law reflects and codifies a societys ethicsIn the interest o
4、f preserving personal freedom,the law does not and can not codify all ethics.examples e.g.Tax evasion V.Tax avoidanceLecture 1 The Legal Environment of International Business Law II.Overview of world legal systems nThe Romano-Germanic Civil Law SystemnThe Anglo-American Common Law SystemnThe civil l
5、aw system has its roots in Roman Law.It is employed by almost every country that was not a colony of the British Empire.In these countries the civil law is codified in the form of a civil codes.Typical examples are Code Napolon(1804)and Civil Code of Germany(1896)Civil law relies on legislation,rath
6、er than judicial decisions for law.Civil law system do not recognize judge-made law.nCommon law is a system of law used in England,all of the states of the United States(except Louisiana)and other former British possessions such as Australia,Canada(except Quebec),India,Ireland,Jamaica,New Zealand an
7、d Hong Kong.It arose beginning in the eleventh and twelfth centuries as the English monarch appointed royal judges to resolve disputes in the name of the king(or queen).As there are little formal law to apply to many disputes,the decisions handed down by the judges literally made the law.The Common
8、law system emphasizes the role of judges in determining the meaning of laws and how they apply.case law V.statutory law For more details,see the textbooknThe legal system of PRC has been influenced by a number of sources including traditional Chinese views toward the role of law,the PRCs socialist b
9、ackground,the German-based civil law,and the English-based common law.There is a hierarchy within the court structure:The Supreme Peoples Courts,the Higher Peoples Courts,the Intermediate Peoples Courts,and the Basic Peoples Courts.wSupreme Peoples CourtwHigher Peoples CourtwIntermediate Peoples Cou
10、rtwBasic Peoples CourtSpecial courts:Railway Transportation Court(incorporated)Forest Affairs CourtsMaritime CourtsMilitary Courts of PLAIntellectual Property Courts(New)The reform of railway transportation courts has been commenced and finished in 2012.Now railway transportation courts have been in
11、corporated into the general court system.Extended readingIII.Classification of law constitutional law,civil law,criminal law,administrative law,civil procedural law,criminal procedural law etc.substantive law V.procedure lawpublic law V.private lawwritten law V.customary lawnational law V.internatio
12、nal law Scholars and practitioners often divide international law into two categories:public international law and private international lawLecture 1 The Legal Environment of International Business Law3.What is International Business Law 1)HistoryIn the 14-16th century,Lex Mercatoria(customs)By the
13、18th century,national codes(courts recognized the Lex Mercatoria)In the 20th century,esp.World War II,a uniform set of modern rules governing international trade:IMF,WB,GATT(WTO)3.What is International Business Law 2)Definition:The body of rules and norms that regulates the cross-border transactions
14、 in goods,services and technologies between parties.3)Parties:natural persons legal persons and businesses international organizations states(on some occasions)3.What is International Business Law 4)Sources of international business lawInternational treaties and conventions e.g.CISG,Hague Rules,New
15、York Convention,WTO AgreementsInternational trade customs and usages e.g.UCP600,IncotermsNational lawOthers:international model lawIV.International OrganizationsvUNCITRAL(United Nations Commission on International Trade Law)It is the core legal body of the United Nations in the field of internationa
16、l trade law Purpose:to promote international trade through the harmonization of trade 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 a
17、nd infrastructure development.IV.International OrganizationsThe most important international convention:The United Nations Convention on Contracts for the International Sale of Goods(CISG)-adopted 1980,took effect in 1988 -governing international sale of goods.One example of the model law:The 1996 U
18、NCITRAL Model Law on Electronic CommerceIV.International OrganizationsvThe GATT and WTOWTO is an international organization WTO is a bundle of international agreements on trade WTO is a forum of dispute settlementu Regional integration EU NAFTA China-ASEAN Free Trade Area China-Korea Free Trade Agre
19、ement IV.International OrganizationsvInternational Chamber of Commerce(ICC)Purpose:to harmonize,codify,and standardize international business practices.Major Achievements:Incoterms 2000(International Rules for the Interpretation of Trade Terms);UCP 600(Uniform Customs and Practice for Documentary Credits);Created a forum for the settlement of disputes-the International Court of Arbitration.
商法学英文课件：Part 1-The Legal Environment of International Business Law
