1. International Business Law 罗惠铭 E-mail: Victorlaw@foxmail
International Business Law 罗惠铭 Cell phone:

2. Usual-Time Mark:40%
Final Exam:60%
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4. International Business Law
Chapter 1 Introduction to International Business Law
Chapter 2 Law of Business Organization
Chapter 3 Law of Agency
Chapter 4 International Contract Law
Chapter 5 Law of International Sale of Goods
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5. Chapter 6 International Cargo Transportation and Insurance
Chapter 7 Finance of International Trade
Chapter 8 Law of Products Liability
Chapter 9 Law of Intellectual Property Rights
Chapter 10 International Commercial Arbitration
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6. Chapter 1 Introduction to International Business Law
1.1 Definition of International Business Law
------The body of legal rules and norms that regulates international commercial trade and international business organization.
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7. (1)“International” Subject Object Legal Relationship Content
One of the three factors of the legal relationship relating to foreign countries
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8. (2)“Commercial”
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9. 1.2 Sources of International Business Law
1.2.1 International Treaties and Conventions
(1)The Meaning
(2)The Binding Effectiveness
Pacta sunt servanda
Jus cogens
(3)Treaties in International Business Law
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10. 1.2.2 International Business Customs and Usages
1.2.3 National Commercial Law
General practice
Usage
Custom
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11. 1.3 Major Legal Systems of the World
1.3.1 Civil Law System
(1)The states and regions which base their law systems on the civil law:
The European Continental countries
All the Latin American countries and some African countries
Japan, Thailand, Indonesia and Turkey in Asia
Louisiana in the US, Scotland in the UK, Quebec in Canada
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12. (2)Characteristics of Civil Law Codification Public law & Private law
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13. Jurisprudence and doctrines
(3)Sources of Civil Law
Written Law
Custom
Treaties
Cases
Jurisprudence and doctrines
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14. Every American state except Louisiana
1.3.2 Common Law System
(1)The states and regions which base their law systems on the common law:
England
Every American state except Louisiana
Every Canadian province except Quebec
Hong Kong, etc.
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15. (2)Characteristics of Common Law
Case law Common law courts base their decisions on prior judicial pronouncements rather than on legislative enactments
Common Law & Equity
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16. ③ The doctrine of stare decisis
——requires that courts follow precedents (earlier court rulings in similar cases)
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17. Should the court follow any precedent?Q:
Should the court follow any precedent?
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18. A court is only required to follow those precedents that are binding on that particular court.
Binding authority is a ruling that was decided by a higher court in the direct line of appeal.
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19. ——Persuasive authority
Other courts’ rulings
——Persuasive authority
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20. Judges could expand precedents to make them suit particular cases.
They could also overrule any precedent that they considered to be in error or outdated. P15
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21. Q:
Can judges overrule the precedents which is made by the judge in higher court?
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22. Only the original court that issued the decision or a higher court normally repudiates an original decision.
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23. Q:
If you are a attorney in common law, what can you do when you face a case?
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24. Reconcile the facts of the current case with prior decision or;
Attempt to convince the judge to repudiate a prior decision.
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25. (3)Sources of Common Law Case law Written law Treaties
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26. 1.3.3 Comparison between Common Law System & Civil Law
(1)Different ways of reasoning and determining the binding legal rules
Common Law
Induction(归纳)
Deduction(演绎)
Civil Law
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27. Syllogism
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28. (2)Different roles of case law and precedents
(3)Assimilation tendency of the two systems
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29. 1.4 Legal Risk of International Business Law
1.5 Contents of International Business Law
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