國(guó)際貿(mào)易法chapter1introduction-文庫(kù)吧
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【正文】 Selfgoverning The History of ITL ? 4. Internationalization Stage (2nd world war Now ) Sources of International Trade Law 1. International Conventions (1)Definition: “International convention” means “an international agreement concluded among States in written form and governed by international law.” All those about international trade are included, for example, postal service or copyright. Sources of International Trade Law 1. International Conventions (2) Effect: ① To the contracting states, the international convention in force is bounding, unless she had make declaration when signing the convention. ② To the natural persons[4] and business in the contracting states, convention are binding unless they exclude its application[5]. Sources of International Trade Law 1. International Conventions l How to exclude? A: exclude the application of the convention in the contract directly. “CISG is not applied in the contract.” B: stipulate in the contract that the contract use other law. “the contract is subject to the Contract Law of the People’s Republic of China.” Sources of International Trade Law 1. International Conventions (3) Examples of Conventions ?CISG ?the Hague Rules ?the Paris Convention ?WTO’s DSU ?the New York Convention. Sources of International Trade Law 2. International Commercial Custom (1) Definition: International Commercial Custom is a practice or practices that is recognized as law and generally adopted through unvarying habit and mon use. Sources of International Trade Law 2. International Commercial Custom (2) Characteristics of international mercial custom: ① C
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