国际商法

章节摘录

版权页：   Although these measures were largely unsuccessful, the onsetof World War Ⅱ absorbed the world's attention. While World War Ⅱ was still inprogress, several major meetings were held laying the groundwork to prevent futureeconomic and military catastrophes. A multinational conference was convened atBretton Woods, New Hampshire, in 1944 to focus on short-term financialproblems, ways to promote free trade, and the creation of a bank that would helpfinance the necessary rebuilding after the war. The conference culminated in thecreation of the International Monetary Fund (IMF) and the International Bank forReconstruction and Development( World Bank). In general, the objectives of the INIF are "to promote international monetarycooperation, to facilitate the expansion and balanced growth of international tradeand to promote stability in foreign exchange. " The fund lends money to developingcountries to assist them with fundamental problems blocking development, such ashigh interest rates and inflated oil prices. The fund works closely with commercialbanks in this process. The fund has a board of governors, 22 executive directors, and managingdirector. Ouota subscriptions (dues) constitute the basic resource of the IMF. Eachmember's quota is related to its national income, monetary reserves, trade balance,and other economic criteria. A country's subscription influences its voting power andallotment of SDRs, although no SDRs have been assigned since 1981,Asian countries have only nine percent of the quotas when by equity they shouldhave double that amount. 2. International Bank for Reconstruction and Development The" World Bank" encompasses two institutions, the International Bank forReconstruction and Development ( IBRD )and the InternationalDevelopment Association (IDA). The IBRD does not make high-risk loans, andthe loans it makes are generally at market terms. Thus, it cannot achieve its goals asmuch as it might hope. The IDA was created in 1960 to bridge this gap betweenIBRD objectives and reality. The IDA makes loans to poor countries with averageper capita GNP of less than $ 410 on more favorable terms than the IBRD. Loanscan be made only to government, however, which stifles some private initiatives.The IDA mad the IBRD usually share staffs. A separate entity, the International Finance Corporation (IFC), was created in1956 to address the issue of loans to private enterprises in developing countries. TheIFC works jointly with commercial banks and also advises countries on developing.

内容概要

姜作利，山东大学法学院教授，法学博士。19682年获英语语言文学学士学位，1990年获国际经济法硕士学位，2007年获法理学博士学位。主要研究国际经济法和法律英语。曾应邀赴二十多个国家的大学做研究工作和讲学，精通英语、意大利语、法语、西班牙语及拉丁语等语言，我国最早使用英语讲授国际经济法的学者之一，现担任教育部、山东省及山东大学双语教学示范课程，被聘为教育部双语示范课程评审专家。承担国家级及部级研究项目多项，出版专著多部，发表论文六十余篇，被聘为司法部研究项目评审专家。

书籍目录

Chapter 1  Introduction to International Business Law Ⅰ. What Is International Business Law? Ⅱ. History of International Business Law Ⅲ. Sources of International Business Law Ⅳ. International Organizations Ⅴ. Comparison of Municipal Legal Systems Ⅵ. International Business Law and China Chapter 2  Forms of International Business Ⅰ. Some International Trade Theories Ⅱ. Exporting Ⅲ. Government Controls over Trade Ⅳ. International Licensing Agreement Chapter 3  Legal System of International Business Ⅰ. United Nations Convention on Contracts for the International Sale of　Goods (CISG) Ⅱ. UNIDROIT Principles of International Commercial Contracts(PICC) Ⅲ. International Rules for the Interpretation of Trade Terms ( Incoterms2000) Chapter 4  Contract Law for the Intemational Sale of Goods Ⅰ. Definition and Form of Contract Ⅱ. Validity and Formation of International Sale of Contracts Ⅲ. Misrepresentation Ⅳ. Mistakes Ⅴ. Fraud Ⅵ. Duress Ⅶ. Undue Influence and Unconscionable (unjust) Conduct Chapter 5  Contract Law for the International Sale of Goods ( Continued Ⅰ. Remedies for Breach of Contract Ⅱ. Anticipatory Breach of Contract and Exceptio non Adimpleti　Contractus in Civil Law Ⅲ. Liquidated Damages Ⅳ. Obligations of the Seller and the Buyer Ⅴ. Passing of Risk Ⅵ. Passing of Property Ⅶ. Excuses for Non-performance Chapter 6  Carriage of Goods by Sea and Marine Cargo Insurance Ⅰ. Charterparties Ⅱ. Bills of Lading Ⅲ. Marine Cargo Insurance  Chapter 7  Finance of International Trade Ⅰ. The Bill of Exchange Ⅱ. Collection of Documentary Bills through Banks Ⅲ. Letters of Credit (L/C) Ⅳ. UCP600 Ⅴ. International Factoring Chapter 8  Partnership Law Ⅰ. Definition and Creation of a Partnership Ⅱ. Property of a Partnership Ⅲ. Partners' Rights and Duties Ⅳ. Dissolution of the Partnership Ⅴ. Winding Up Chapter 9  The Law of Corporations Ⅰ. History and Nature of Corporations Ⅱ. Sources of Corporate Financing Ⅲ. Shareholders' Rights and Liabilities Ⅳ. Management of Corporations Ⅴ. Termination of Corporation …… Chapter 10  Law of Foreign Investment Enterprises of China Chapter 11  Intellectual Property Right Law Chapter 12  GATT and WTO Law Chapter 13 The Law of Agency Chapter 14  International Commercial Dispute Settlement Bibliography

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