国际商法

By Jie Huang

COURSE OUTLINE

International Business Law

School:

Law

Fall 2011

By Jie Huang

1

By Jie Huang

Lesson 1

Introduction

LEARNING OBJECTIVES

1. Understand the Concept of IBL

2. Differentiation between Legal Systems

CHAPTER OVERVIEW

1. Concept and Sources of IBL

2. Major Legal Systems

A. Civil Law System

B. Common Law System: American Experience

C. Socialist Law System: Business Law System Concerning Foreign Interests in

China

D. Islamic Law System

3. Case Studies

Sequihua v. Texaco P3

EU v. Germany P19

Case P32 Sanchez v. Banco Central De Nicaragua

CHAPTER OUTLINE

1. Concepts and Sources of IBL P1

1.1. Concept

(1) International P1

(2) Parties

States P10

International Organizations P14, P28

Natural Persons P29

Companies and Enterprises

1.2. History and Development of IBL

(1) Transnational

(2) Self-governance

1.3. Sources of IBL

(1) Conventions

(2) Int’l Business Practices

(3) Domestic Laws

2. Comparison of Municipal Legal Systems P34

es of Civil Law System

2.2. Sources of Civil Law System

2.3. Common Law System P37

2.4. Development Trends of Two Legal Systems

REVIEW QUESTIONS

1. Concept of IBL

2. Differentiation between Legal Systems

2

By Jie Huang

Lesson 2

International Commercial Dispute Resolution

LEARNING OBJECTIVES

Study how to resolve international commercial disputes.

CHAPTER OVERVIEW

Alternative Dispute Resolution P81

Settlement of Disputes through Municipal Courts

Commercial Arbitration

Videos

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/page/ljfy/?lm=s0

Two American court videos

CHAPTER OUTLINE

I. Alternative Dispute Resolution P82

Negotiation

Mediation/Good Offices/Conciliation

Inquiry

II

．

Settlement of Disputes through Municipal Courts

Choice of Forum Clauses P103

Choice of Law Clauses P110

Case: Shell v. Sturge P103

III

．

Arbitration

1. Definition and Characteristics of Arbi

2. Arbi Institutions

3. Arbitration Agreement and Arbitration Clauses

4. Arbi Process

5. Enforcement of an Arbi Award

Case 3-2

：

Loewen Group v. USA P98

REVIEW QUESTIONS

1.

What are the differences between Mediation/Good Offices/Conciliation?

2.

What are choice of law and choice of court clause? (Shell v. Sturge)

3.

Definition and features of Int'l Commercial Arbitration?

4.

Functions and Contents of Arbi Clause?

Lesson 3

International Business Organization Law

LEARNING OBJECTIVES

3