ISBN: 978-973-749-988-2
Publisher year: 2011
Edition: II
Pages: 166
Publisher: Editura Universitara
Author: Daniel-Mihail Sandru
INTRODUCTION
Section 1. International trade law in the age of globalization
Legal acculturation and "lex mercatoria". About the transnational phenomenon in a globalizing era
Globalization is an economic, technical and financial phenomenon but it has an impact on all areas, including law. In the classical age of law, the state was the only sovereign to enact rules of law. This rule has changed with the globalization (globalization) of "legislation":
Institutions of globalization
There is a new world economic structure that is changing classical systems of law. The main effect of this legal acculturation (discussing the Americanization of French law and the continentalization of English law) leads to a new legislation, in which the defining features of a system are no longer found in almost any field.
Areas of international trade law in which globalization takes effect Regional or global institutions are receiving more and more powers, which they share with Member States, having the opportunity to decide in international disputes (Court of Justice of the European Union - within the EU , respectively, the Dispute Settlement Body within the World Trade Organization).
Section 2. Definition of international trade law
International trade law is that branch of law which regulates the patrimonial relations between the subjects of international trade and which has the character of commerciality and internationality. France had the idea to propose (at the UNCITRAL session in New York in 1970) a Framework Convention on International Trade Law but the proposal was never debated. The content of international trade law consists of its own material norms but also norms of material law that belong to other fields (for example, civil procedural law - commercial arbitration; civil law - contracts; commercial law - commercial acts, etc.).
Section 3. Principles of international trade law
Principles of international trade law:
Section 4. Object of international trade law
The object of international trade law is given by the following features:
Section 5. International trade law and other branches of law
Commercial law
International trade law regulates legal relations similar to those of commercial law (they have a patrimonial and commercial character) but in the international trade law the national norms are applicable only when they are lex causae. In most cases, international trade law regulates legal relations by its own, specific rules (for example: international conventions, international customs).
Civil procedural law
International trade law also contains references to the rules of civil procedure. Thus, the Rules of Arbitration Procedure stipulate that "these Rules shall be supplemented by the provisions of common law of Romanian civil procedure insofar as they are compatible with arbitration and the commercial nature of disputes" (art. 79).
Private international law.
The strongest links are with private international law. In the beginning, a chapter of this discipline, the law of international trade became in time an autonomous discipline. The literature discusses the composite nature of international trade law, as well as the fact that most authors treat it
International Trade Law
DownloadINTRODUCTION
Section 1. International trade law in the age of globalization
Legal acculturation and "lex mercatoria". About the transnational phenomenon in a globalizing era
Globalization is an economic, technical and financial phenomenon but it has an impact on all areas, including law. In the classical age of law, the state was the only sovereign to enact rules of law. This rule has changed with the globalization (globalization) of "legislation":
Institutions of globalization
There is a new world economic structure that is changing classical systems of law. The main effect of this legal acculturation (discussing the Americanization of French law and the continentalization of English law) leads to a new legislation, in which the defining features of a system are no longer found in almost any field.
Areas of international trade law in which globalization takes effect Regional or global institutions are receiving more and more powers, which they share with Member States, having the opportunity to decide in international disputes (Court of Justice of the European Union - within the EU , respectively, the Dispute Settlement Body within the World Trade Organization).
Section 2. Definition of international trade law
International trade law is that branch of law which regulates the patrimonial relations between the subjects of international trade and which has the character of commerciality and internationality. France had the idea to propose (at the UNCITRAL session in New York in 1970) a Framework Convention on International Trade Law but the proposal was never debated. The content of international trade law consists of its own material norms but also norms of material law that belong to other fields (for example, civil procedural law - commercial arbitration; civil law - contracts; commercial law - commercial acts, etc.).
Section 3. Principles of international trade law
Principles of international trade law:
Section 4. Object of international trade law
The object of international trade law is given by the following features:
Section 5. International trade law and other branches of law
Commercial law
International trade law regulates legal relations similar to those of commercial law (they have a patrimonial and commercial character) but in the international trade law the national norms are applicable only when they are lex causae. In most cases, international trade law regulates legal relations by its own, specific rules (for example: international conventions, international customs).
Civil procedural law
International trade law also contains references to the rules of civil procedure. Thus, the Rules of Arbitration Procedure stipulate that "these Rules shall be supplemented by the provisions of common law of Romanian civil procedure insofar as they are compatible with arbitration and the commercial nature of disputes" (art. 79).
Private international law.
The strongest links are with private international law. In the beginning, a chapter of this discipline, the law of international trade became in time an autonomous discipline. The literature discusses the composite nature of international trade law, as well as the fact that most authors treat it
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