The contents of international trade law









Here, BOSTON bureau
SCGGROUP company international lawyer student parties considered as important as the judiciary.


























































International trade law, Teigizukeru and is a generic term for a variety of legal norms that apply to international trade and international trade disputes.
However, the content of soy are different for each country, it is necessary to specifically clear.



In countries take federal system like the US, considering that federal and state laws differ, in some cases,
And Karuforua State international trade law and international trade law of the State of New York is also different in content,
Jurisdiction international trading method (area dominated by the same law) is exactly the law, such as different.



That is, in theory, may hereinafter be referred to as the international trade law, international and Exchange Law of Japan,
international trade laws of the United States, New York,
In the form, such as international trade law of France, will be present only the number of the world's jurisdictions.
(Excerpt from the international trading Buddhist theory)



In countries with a modern legal system, international trade law, it is usually composed of, from the following part.




　　　　　　　　　　　　　　　　　　　　　　　　　　　　　�@public law

　　　　　　　　　　　　　　Substantive law−

International Trade Law−　　　　　　　　　　　　　　　　　　　　Private law−　�AConflict of Laws (International Law)
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　−　�BReal method
　　　　　　　　　　　　�CProcedural law−
　



�@Public law
To the contents of the international trade of the public law of the jurisdiction in which the law should be applied in the international trade has become a problem
Is a principle that those involved will be applied.



�AConflict of Laws (International Law)
Real method to be applied to legal relations associated with a plurality of the national as international trade, including the country's real method,
Law that rules the principles that determine which country should be a real law, is a conflict of laws.



�BReal method
When the conflict of laws should be applied to certain international transactions is determined, as its application a result, it should be applied to the international trade
Real method part of international trade law, or is any other country in the real method (applicable law) is determined.


�CProcedural law
Although the regulations the principle better to regulate the procedure of the time processing of international trade disputes by litigation and arbitration,
It is a procedural law part of international trade law. For procedural law, litigation and where the arbitration is carried out (litigation land / place of arbitration)
Of because due to procedural law is a widely accepted principle in the world. (Excerpt from the international trading Buddhist theory)













Step of the application of international trade law















In application to international trade law problem, it is necessary to consider the following step.



Who is the subject of the first step transaction, whether for its subject, there is what kind of legal issues



Or object of the second step transaction is something, per tooth of the object, there is what kind of legal issues



The contents of the contract that forms the basis for the third step transaction, whether going on. Per the contract
What there is a legal problem













Consideration of measures
Particular case

If it is assumed that the dispute settlement land Japan: answer A



Not Japan of public law should be applied to this problem.
Of credit quality against requirements, its legal nature is understood to be a problem with the kind of form of collateral that credit quality.
Therefore, conflict of laws should be applied, Article 8 laws and regulations (is against the requirements of the credit quality, is the governing
law of the efficacy of credit quality, it will be understood as a Japanese law.) A.



However, in this project, because of the problem on the dispute settlement procedure has not occurred, it is not Japan of procedural law should be applied.

Therefore, against the requirements of this pledge is, (in the case of this project, of foreign banks is a time deposit debtor Tokyo Branch) third party debtor to
Is the consent of the pledge by the notification or third debtor of the pledge. It is concluded with.



Answer B: If it is assumed that the dispute settlement land London, UK
Not the UK's public law should be applied to this problem.
Against the requirements of the credit quality, the legal nature is understood to be a method of problem.
Therefore, to be applied conflict of laws (this project applicable law) is a UK law is entered into land law of the pledge agreement.



In this project, because of the problem on the dispute settlement procedure has not occurred, the United Kingdom of procedural law should be applied is not.
From the above, against the requirements of this pledge is, by English law, and endorsement to certificates of deposit,
is that Ru deliver it to the pledgee. (Excerpt from the international trading Buddhist theory)






























































nextAssumption of international trade dispute settlement areasLet's investigated.




































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