The Origin And Basic Principles Of International Economic Law

< p > < strong > < a > href= > http://www.91se91.com/news/index_c.asp > International Economic Law < /a > origin > /strong > /p >

< p > 1. international economic treaties < /p >

< p > international economic treaties are written agreements between state and international economic organizations for determining rights and obligations.

International economic treaties are important sources of international economic law.

The treaty is divided into bilateral treaties and multilateral treaties.

Multilateral international economic treaties are the most important sources of international economic law, which cover various fields such as international trade, international investment, international finance, and international protection of intellectual property rights.

< /p >

< p > 2. international commercial practice < /p >

< p > > a href= "http://www.91se91.com/news/index_c.asp" > international commercial practice < /a > is an unwritten rule which has been used repeatedly in the long term international economic contacts.

In order to make unwritten international business practices easier to grasp and search, some non-governmental international organizations or associations have collated and compiled unwritten conventions, such as INCOTERMS and uniform customs and Practice for documentary credits.

International commercial practices are arbitrary norms, which are binding only if the parties expressly choose to apply them.

The parties may also supplement and modify the business practices they choose.

< /p >

< p > 3. normative resolution of the United Nations General Assembly < /p >

According to traditional international law, international organizations do not have legislative power. Resolutions adopted by international organizations generally have only the effect of recommendation, and do not have coercive power on their member states. P

However, with the development of international practice, the theoretical circles have been inclined to affirm the legal binding force of the General Assembly resolutions. In particular, some resolutions of the UN General Assembly are aimed at declaring the principles and norms of international law, which should be legally effective, and some resolutions have been gradually accepted in International practice and become the norms that countries should abide by in international economic exchanges.

< /p >

< p > 4. domestic legislation < /p >

< p > domestic legislation as the source of international economic law refers to the laws and regulations on the adjustment of foreign economic relations formulated by various countries, such as foreign trade law, foreign exchange control law, contract law, maritime law, negotiable instrument law, customs law, etc.

In the domestic legislation of adjusting foreign economic relations, most countries adopt unified system and shunt system.

The former refers to the formulation of domestic economic legislation applicable to both domestic economic relations and foreign related economic relations.

The latter refers to the formulation of different laws to regulate domestic and foreign economic relations.

< /p >

< p > 5. judicial interpretation < /p >

< p > judicial interpretation refers to the interpretation of the specific application of law in judicial practice by the supreme judicial organ of the state in accordance with the authorization of law.

Such interpretation is binding on other courts' trial activities, so it has become a source of international economic law in China.

For example, the provisions of the Supreme People's Court on Several Issues concerning the hearing of letter of credit cases in 2005 are the important basis for our courts to deal with cases involving letters of credit.

< /p >

< p > < strong > < a href= > http://www.91se91.com/news/index_c.asp > < < /a > /strong > /p > international economic law.

< p > 1. national economic sovereignty principle < /p >

< p > the principle of state economic sovereignty is the concrete embodiment of the principle of state sovereignty in the field of international economic law, and constitutes the foundation of a new international economic order.

The national economic sovereignty is manifested in the ownership, use and disposal right of all the wealth and resources of the state, as well as the domination of economic activities.

In content, the principle includes the state's permanent sovereignty over all natural resources in its territory, the right of the state to regulate and supervise foreign investors and their activities, and the state's right to decide on nationalization or collection of foreign assets in China.

< /p >

< p > 2. principle of equality and mutual benefit < /p >

< p > the principle of equality and mutual benefit means that all countries are equal in the law. The state should participate in economic activities with equal qualifications and share the fruits equally.

Equality and mutual benefit are the basic principles that should be observed in international economic exchanges.

In international economic exchanges, all countries, no matter big or small, are equal in the legal status.

Equality is essentially equality, not just formal equality.

Mutual benefit means that we should not only seek the interests of our party but also disregard the interests of other parties.

Equality and mutual benefit are inseparable.

Most favored nation treatment is a typical example of the principle of equality and mutual benefit.

< /p >

< p > 3. international cooperation and development principle < /p >

< p > the principle of international cooperation and development means that developing countries should gradually narrow and eliminate the gap between poor and rich countries through the development of national economy. The developed countries should cooperate with developing countries in economic, social, cultural, scientific and technological fields, so as to promote economic progress and social development of all countries, especially developing countries.

In accordance with the provisions of the Charter of the United Nations, international cooperation for development is the consistent goal and common obligation of all countries.

The principle first emphasizes the recognition and respect for the right of development in developing countries, and the prosperity of developed countries is linked to the development of developing countries.

On this basis, in order to achieve common development, we should strengthen cooperation among countries in all aspects of economy, society and so on, including cooperation between developed and developing countries, including cooperation among developing countries.

< /p >