国际商法复习汇总.docVIP

第章 1. International Law(国际法）: A body of rules norms that regulate the activities carried on outsides the legal boundaries of states. 2. Comity(礼让）：It is the practice between states of treating each other with goodwill and civility. 3. Territorial jurisdiction(属地管辖）：If a business incorporated in a different state operates a manufacturing facility in your state and violates the law of your state, your state will have the well-recognized power under customary international law to hear and decide a case against the foreign defendant.如果一个国家在他国注册，在你国运营一家制造工厂，同时违反了你国的法律， 4. Nationality jurisdiction(属人管辖）：If a company does certain acts in foreign states, it may still be held accountable in its courts . 5. Objective territorial jurisdiction(目的地管辖）：If foreign companies act in ways that directly affect a state other than their own, they may be held accountable by the other state.对该国产生影响。 本法院职能为依据国际法审理向其提交的争端，应当适用以下渊源：1. Treaties and Conventions, 2. international customs and usages, 3. national business laws. 6. Treaties(条约）: They are legally binding agreements between two or more states. 7. Conventions(公约）：They are legally binding agreements between states sponsored by international organizations. 8. Custom law(习惯法）：Some rules have been around for such a long time or are so generally accepted. 9. A customary practice (习惯法）：has become customary law, two elements must be established—one behavioral and one psychological. 10. The behavioral element requires consistent and recurring action(or lack of action if the custom is one of noninvolvement) by states.国家间持续的，反复的作为或不作为。 11. The psychological element in showing that a customary practice has become law is the requirement that states observing the custom must regard it as binding.当事国认为其为一项必须的法律。 12. General principle consist of the Anglo-American common law system and the Romano-Germanic civil law system.一般原则 Jus Cogens强制法 13. Self-excuting treaty is one that contains a provision stating that the treaty will apply to the partie