The basic structure of the international trade = sovereign state of collateral and equality
Those that make up the international community is a sovereign state, its sovereignty is equality.
The principle of this sovereign equality is a basic principle of the United Nations, therefore, is a basic principle of the international community.
This as long as they adhere to the basic principles, without the consent of all of the sovereign state, is applied to the control area
It enacted a worldwide uniform law, to establish a global unified judicial system in order to guarantee the effectiveness of the tooth
It is impossible. For this reason, global unified law to regulate the international trade does not exist,
International court to handle disputes relating to international trade do not even exist.
However, global unified legislative and judicial institutions in the bottom of the collateral and the equality of sovereign states, although it is difficult to achieve,
Unification of global law, by the following method, it is possible if to avoid the conflict with the sovereignty of a sovereign state.
(Excerpt from the international trading Buddhist theory)
① global unification of legal norms for a particular field by the international treaty that all sovereign states to join
② global unification of legal norms by the method in which all of the sovereign state a unified method of model (Model Law) is adopted as their own method
Trade = field of the International Sale of Goods
The field of international carriage of goods
'United Nations Convention on the International Sale of Goods' has been created in Vienna in 1980, it entered into force in 1988.
The bill of lading, which is used in the contract of carriage of goods by sea, was amended by the '1979 Protocol
There is a 1924 bill of lading unification treaty '(Hague Uisubi rules), advanced shipping countries including Japan are members.
On the other hand, as those with different ideas with this, 'the United Nations Convention on the 1978 Carriage of Goods by Sea'
(Hamburg Rules) there is, are members of mainly developing countries.
On the other hand, for the international air transport, to target and the carriage of goods and passenger transportation 'for the International Air Transport
Convention for the Unification of Certain Rules '(Warsaw Convention), but entered into force in 1963, is the country with more than 100 countries, including Japan
He has been a member of, is approaching the global uniform law for the international air transport. (Excerpt from the international trading Buddhist theory)
Global unified method by Model Law
The development of international commerce practice 'Incoterms' (Incoterms)
United Nations Commission on International Trade Law, which is the lower agency of the United Nations
(UNCITRAL) is at the center, the International Commercial Arbitration Model Law,
Create a model law on international transfer, the United Nations has called for adoption in each country.
For the International Sale of Goods transactions that forms the center of the trade, a result that has been carried out repeatedly and continuously over a long period of time,
Around the major trading centers of Europe and the United States, delivery location of goods for certain transaction types,
Risk of loss for the goods, arrange transportation, fare of the burden, of cargo insurance arrangements, such as the insurance premium burden
Monthly sales convention in terms of trade is was established.
However, this business practice, because the difference was seen by the region per details of the content, from the 1930s,
Hit to adjust the International Chamber of Commerce is a regional difference, per major trade trade conditions of the type in 1936
It has announced to develop the international unity regulation. This became the Incoterms 'and (Incoterms).
Stakeholders, by displaying the condition abbreviations (CIF ・ FOB, etc.) in the Contracts for the International Sale of Goods,
Has become to be able to clarify the rights and obligations of the seller and the buyer,
Faster transactions, clarification, to contribute to efficient, are used worldwide extensively.
(Excerpt from the international trading Buddhist theory)
Uniform rules and practices relating to documentary letters of credit
In the trade of today, the settlement of the price is the principle, according to the documentary,
Documentary letter of credit is commonly used in order to ensure the price recovery.
For the bank to purchase a documentary that draw for the seller of a price recovery, at the request of the buyer,
Buyer bank of, but it is common practice to insert a written commitment to the settlement of the documentary,
Written commitment to the settlement of this documentary is a documentary letter of credit. This, referred to as Uniform Customs and Practice for Documentary Credits.
Uniform Customs and Practice for Documentary Credits, the basic rules for documentary letters of credit, its format, interpretation, transfer, banks involved
Responsibility and stipulates such as immunity, for its legal nature, by the parties incorporated in the contract
The views construed as a kind of incorporated possible uniform rules that are part of the contract are common.
New York Uniform Commercial Code of the laws of the State of New York, the Uniform Customs and Practice for
Documentary Credits admits that it is a commercial customary law. (Excerpt from the international trading Buddhist theory)
Basis of the legal environment:
International treaties, international commerce customary law, national laws, each court
The legal norms that are regulated by the reality of international trade and international trade disputes,
International treaties that each country has signed, is an international merchant customary law and national law of each country,
Hitting the dispute process for international transactions, it is that is a judicial organ of the country,
It is the reality of the world.
In other words, if the dispute between the parties with respect to international trade occurs, was required by that resolution,
Since the international judicial institutions should hit the processing of the dispute about the international trade is not a status quo,
Except in the case of litigation dispute resolution system, such as international commercial arbitration to consider later,
The parties, in principle, sued forced to judicial institutions of any country.
Judicial institution that has received the complaint from the parties, the international uniform law should be applied in international trade disputes
In the current situation, because it does not exist, do the trial treaty country is a member,
according to the International Business customary law and their national laws and regulations
So that the inevitably attempted to resolve the dispute. (Excerpt from the international trading Buddhist theory)
Contradiction to bring the target environment surrounding international trade
The risk of difficulties and international litigation of court selection
If you leave the resolution of international trade disputes in international court, as will be discussed later,
Since the reference does not mean that has been unified on the international jurisdiction of each country, the parties,
Judgment should be brought before a judicial authority of one of the country comes out may not be easy.
In addition, in some cases suing to judicial organs of the party each individual country
There is also a risk of an international double litigation.
Judicial institution that has received the complaint from the parties, the international uniform law should be applied in
international trade disputes in the present circumstances Because it does not exist,
it becomes possible to achieve a resolution of the dispute do the trial in accordance with their national laws and regulations.
In addition, possible to predict the laws and regulations that apply to the international trade dispute is not always easy.
(Excerpt from the international trading Buddhist theory)
International trade officials of the corresponding:
Litigation dispute resolution system and voluntary codes
Obtained not parties forced to engage in international trade in the legal environment of conflict, such as described above is present,
Because on top of the foundation of the prediction / calculation possibility that a person who is doing the commercial business, a lot of these uncertainties
Allowed to stand the legal environment, because it is detrimental to its own business activities, it will be forced to come out in self-defense action.
①国家の司法機関への依存を少なくして紛争処理を図るための訴訟外紛争処理制度
（Alternative Dispute Resolution：ADR）の利用
②各国法への依存を少なくするために、国際取引に使用する契約の内容を周到に検討して
自己完結的な契約書を作成しようとする努力
Litigation dispute resolution system for the Purpose of dispute settlement ① with less dependence on the state of the judiciary
①Litigation dispute resolution system for the Purpose of dispute settlement with less dependence on the state of the judiciary
(Alternative Dispute Resolution: ADR) use of
②In order to reduce the reliance on national laws, to carefully consider the contents of the contract to be used for international transactions
Efforts to create a self-contained contract
③The original state, put in place the business practices of international trade, which has been generated development between the independent trade officials,
In the form of such international unified rules and international standard contract format or agreement the voluntary codes to regulate the international trade
Movement to try to establish
However, self-defense means by international trade officials, essentially within the scope of the national law of the countries concerned to allow
Only is intended to function effectively, because not that transcends national law, resolution of international trade disputes in the end,
It entered into treaties of the state, that inevitably depend on the customary international law or national law in the present circumstances.
(Excerpt from the international trading Buddhist theory)
Then try to explain the contents of the international trade law.
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