國際貿(mào)易法chapter1introduction(文件)
【正文】 w 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 Custom is from the practices, while convention is from the agreement of the contracting state[2]. ② The effect of custom is not binding unless stipulated expressly. ③ Custom has the force of law while usage has not. [1] 常例 [2] 締約國 Sources of International 2. International Commercial Custom (3) Effect: not binding unless stipulated expressly. For example, “The contract is subject to Inc
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