International Business Law (2 Credits)
Purpose:
This course aims to give students from many cultures and traditions a good look at the overall structure of the global “legal environment” in which business operates today.
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For many, international law remains a contradiction in terms. There is no single world government to make and enforce laws, and no globally recognized forum in which to bring disputes between citizens of different nations-states. To those who see law as “the command of a sovereign”, the more consensual nature (诺成性，契约性) of international law makes it “soft” law or no law at all. Moreover, the decline in the power of states relative to the private sector poses new challenges to contemporary international law. Today, the term international law applies to any conduct outside the boundaries of states, whether of a public or a private nature.
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Chapter 1
INTRODUCTION TO INTERNATIONAL AND
COMPARATIVE LAW
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——those between states and states,
——those between states and persons,
——those between persons and persons.
Traditionally, international law was all about the relationships between states. That is, the law of nations resolved issues between two or more states, and the legal relationships between and among states is what is generally called public international law. As transactions among private entities grew, the phrase private international law was applied to the laws governing conduct between people (and corporations) from different states.
International Business Law Textbook
Ray August, Don Mayer, Michael Bixby. “International Business Law
——Text, Cases and Readings” 6th Edition Pearson
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7. L’Oreal v. eBay 欧莱雅诉eBay案 8. The Natural Gas Case天然气案 9. Great China Metal Industries Co. Ltd. V.
Malaysian International Shipping Corp. 中国金 属工业有限公司诉马来西亚国际航运公司案
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Theoretical Study Introduction to International and
Comparative Law 国际法与比较法入门
State Responsibility and Environmental Regulation 国家责任和环境规制
CHAPTER 1
Defining International Law Making International Law Sources of International law Scope of International Law in Practice International Persons Individual Rights Under International Law Comparison of Municipal Legal Systems
The focus will be on global legal issues concerning state responsibility and environmental regulation, dispute settlement, trade in Goods, services and labour, intellectual property, sales, and transportation, which shows both the diversity and similarity of business and of the law. 本课程从多种文化、传统入手，培养学生审视当今企业经营所 处的全球“法律环境”的整体结构，重点放在全球性法律问题， 涉及国家责任和环境规制、争端解决、货物贸易、服务与劳务、 知识产权、销售、运输等业务，揭示商务和法律的多样性与相 似性。
Case Study: 1. Commission of the European Communities
v. Fed
2. China’s refusal to accept the doctrine of restrictive sovereign immunity 中国拒绝接受国家主权有限豁免原则案
This law between nations is called public international law
With growth of relationships between persons and corporations in different states, private international law developed to govern their conduct
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What is international law?
International law deals with 3 kinds of international relationships:
Dispute Settlement 争端解决 Trade in Goods 货物贸易 Services and Labour 服务与劳务 Intellectual Property 知识产权 Sales 销售 Transportation 运输
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By contrast, Positivists (实证主义者) focus on the sovereignty of states and their consent to limits on that sovereignty. Thus Positivists claim that international law is based on (1) the sovereign equality of all states in the international system and (2) state consent to individual international laws, either through treaties or customs.
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International Law
Historically, dealt with the rules and norms regulating the relationships between states (countries)
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Case Study: 6. European Communities---Regime for the
Importation, Sale and Distribution of Bananas 欧共体—香蕉进口、销售、分销制度案