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Civil and business law in international trade Dr Joanna Kruczalak – Jankowska I
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Definition of international trade law Legal norms of business organisation and regulation Legal norms of an interantional commercial transactions and its scope is confined largely to the sphere of private law Legal norms of commercial arbitration: The body of rules governing commercial relationships of the private law nature involving different countries
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International public law in international trade Commercial realtionships are also of interest of public law rules (ex. General Agreement on Tariffs and Trade)
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The special role of private international law in international trade To reduce conflicts and divergencies arising from the laws of different States in matters relating to international trade two different technics have been followed : choice of law rules (establishing rules regulatig the conflict of law) harmonization and unification of substantive rules (universally accepted regulation of particular conflict)
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Legal techniques to reduce conflicts of law in international trade Choice of law within the framework of private international law – rules relating to the choice of competig substantive laws applicable to a prticular transaction Harmonization and unification of substantive rules – to avoid law conflicts through univercally accepted regulation of particular legal institution (ex. transaction, business organisation etc.)
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In the mediaeval merchant society commercial custom (lex mercatoria), universally accepted developed such legal institutions which, to the present day, are the normal instruments of international trade (bill of exchange, bill of lading, insurance, commercial corporation, customs of the sea).
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Formulation of the rules of international trade International Institute for the Unification of Private Law Hague Conference on Private Law United Nations Agencies (UNCTAD, IBRD) UNCITRAL Non-governmental organizations (International Chamber of Commerce etc.)
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Sources of law The several ways, in which the law in Poland or other countries is organised and regulated
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Sources of international trade law State law material and formal law of the country – in Poland passed by the Parliament)- Polish Civil Code, Polish Commercial Companies Code private international law International customs INCOTERMS
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How to find rules of law in Poland In Poland – www.sejm.gov.pl
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International trade law The law of international organisations - conventions agreements Poland as member of European community EU Law – Treaty of EU Treaty of Functioning of EU Council andParliament Regulations – direct apply Directives - for harmonisation of different legal systems
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How to find rules of international law EU law – 1.www.eur-lex.europa.euwww.eur-lex.europa.eu 2.www.curia.europa.eu – cases of Court of Justice, General Court, Civil Service Tribunal in Luxembourgwww.curia.europa.eu –
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