International Trade Laws and Regulations By Liu Yizhan

Course Introduction and Overview Delivery Schedule Topics and Outcomes Course evaluation Competence Based Training

Topics and Outcomes 1 The Legal Environment of International Trade 2 （Contract for） the International Sale of Goods 3 International Carriage of Goods 4 International Cargo Insurance 5 Payment in International Trade 6 Products Liability 7 The International Transfer of Intellectual Property 8 International Electronic Commerce 9 Dispute Settlement in International Trade

Topics Insurance Payment Carriage Contract Topics and Outcomes Intellectual Property National Regulations Carriage Topics Payment Products Liability Disputes Settlement Contract

Course evaluation Assessment elements Percentage Progressive Evaluation In class participation 20% Team major assessment 30% Final Evaluation Final Examination 50% Total 100%

Competence Based Training information understanding applicability

across national boundaries/ Chapter 1 Introduction to International Trade Law What is international trade? Self sufficient exchange buy-sell the exchange of goods, services and technologies across national boundaries/ on a global basis

Chapter 1 Introduction to International Trade Law 佱 灋

Goddess of Justice

Chapter 1 Introduction to International Trade Law What is Law? Law is a system of official rules and guidelines which is used to govern a society and to regulate the behavior of members or a community, country, etc

What is the international trade law? Chapter 1 The Legal Environment of International Trade What is the international trade law? the body of rules and norms that regulates the cross-border transactions in goods, services and technologies between parties.

China’s Foreign Trade ■ China's total trade volume in goods ranks high globally. total value of import and export-4.16 trillion U.S. dollars(2013) total value of export- 2.21 trillion U.S. dollars 10.4%（2010）- 10.4%（2011） - 11.2%（2012）- 12% （2013） total value of import - 9.1%- 9.5%- 9.8% ● China has been the world's largest exporter and second-largest importer. 2014?-12.2%

1978年— 2010年中国货物进出口情况

China’s Foreign Trade ■ The structure of China's trade in goods has fundamentally changed in the 1980s the primary products dominated → manufactured goods dominated in the 1990s mainly light industrial & textile products → mainly mechanical & electronic products In the new century export of high-tech products, led by electronics and IT commodities expanded.

China’s Foreign Trade ■ formed an all-round and diversified import and export market

中国前十大货物贸易伙伴货物贸易比重 14.1 12.5 10.35 8.8 8.51 5.56 4.37 3.16 2.28 2.22 European United ASEAN Chinese Japan South Chinese Australia Russia Brazil Union States Hong Kong Korea Taiwan

China’s Foreign Trade 2014

China’s Foreign Trade ■BRICS ■the Biggest Economy? World Economic Forum The Global Competitiveness Report No.28 ■the Biggest Economy?

Section B. Sources of International Trade Law Chapter 1 Introduction to International Trade Law Section B. Sources of International Trade Law (1) What is “sources of law”? (2) What are sources of international trade law? A. International Treaties and Conventions B. International Trade Customs and Usage C. National Law

统一提单的若干法律规则的国际公约（海牙规则） 统一国际航空运输某些规则的公约（蒙特利尔公约） Chapter 1 Introduction to International Trade Law A. International Treaties and Conventions GATT CISG1980 Hague Rules 1924 Montreal Convention 1999 Paris Convention 1979 New York Convention 1958 关税及贸易总协定 1980年联合国国际货物买卖合同公约 统一提单的若干法律规则的国际公约（海牙规则） 统一国际航空运输某些规则的公约（蒙特利尔公约） 保护工业产权巴黎公约 关于承认和执行仲裁裁决的纽约公约

Chapter 1 Introduction to International Trade Law B. International Trade Customs and Usage

Chapter 1 Introduction to International Trade Law C. National Law

Chapter 1 Introduction to International Trade Law A. Civil Law countries France Germany Netherlands Italy Portugal Switzerland Japan Spain

B. Common Law countries/region Chapter 1 Introduction to International Trade Law B. Common Law countries/region UK USA Canada Australia India HK Singapore New Zealand

Comparison of Legal Systems Chapter 1 The Legal Environment of International Trade Comparison of Legal Systems (1) Common law is based on court decisions or precedent Civil law is based in codes, statutes and prescribed texts (2) Common Law is made not only by parliament but also by the courts themselves via the doctrine of precedent (遵循先例原则). Civil law is based on a detailed listing of what is and is not permissible.

Chapter 1 The Legal Environment of International Trade Jury in Common Law System

Chapter 1 The Legal Environment of International Trade A Jury is a body of persons who are sworn to decide whether someone is guilty or not guilty, or to set a judgment on the basis of the evidence they hear in court.

Comparison Between the two Legal Systems Table 1 General Characteristics of the world’s Two Major Legal System Civil Law Common Law Basic sources Codes Case Law Most influenced by Legislators Judges Reasoning Deductive （演绎的） Inductive （归纳的） Procedure 诉讼程序 Inquisitorial （纠问式） Adversarial （对抗式） Fact finder Judge Jury Use of case law as precedent Respected Required

Chapter 1 Introduction to International Trade Law Section C. Subjects and Fundamental Principles (1) Subjects of International Trade Law Natural Persons Legal Persons International Organizations States

Chapter 1 Introduction to International Trade Law Natural Persons minor Mental incompetents

Chapter 1 Introduction to International Trade Law Legal Persons Legal persons are entities registered in accordance with the law of one country, which are deemed to have legal capacity of commencing from the date of registration（成立） and terminating on the date of their dissolution（终止）.

Chapter 1 Introduction to International Trade Law Section C. The Role of International Organizations in International Trade (1)Intergovernmental Organizations (2)Nongovernmental Organizations

Lecturer: Liu Yizhan Mobile: 15957106917 QQ: 32626872 Office: 9521 Contact Me Lecturer: Liu Yizhan Mobile: 15957106917 QQ: 32626872 Office: 9521