Chapter One International Sale of Goods
1 Introduction
1.1 UN Convention on Contracts for the International Sale of Goods (CISG)
1.2 International Commercial Customs
2 INCOTERMS
2.1 Purpose and Scope of Incoterms
2.2 Incoterms 2000
3 CISG
3.1 Introduction
3.2 Scope of the Convention
3.3 Contract Formation
3.4 Substantive Rights and Obligations of Buyer and Seller under CISG
3.5 Remedies
3.6 Delivery Obligations and Risk of Loss
3.7 Passage of Title I
4 Making the Most of Studying
4.1 [ Exercises ]
4.2 Further Reading
4.3 Web Links
5 Explanatory Notes
Chapter Two International Payment
1 Key Issues in International Payments
1.1 Who Bears the Credit Risk?
1.2 Who Finances the Transaction?
1. 3 In What Currency Will Payment Be Made?
1.4 What Are the Political and Legal Risks?
1.5 Who Will Bear Transportation Costs and Risks?
1.6 What Are the Costs of Each Method of Financing and Payment?
1.7 Special Cases
2 Remittance
2.1 Mail Transfer (M/T)
2.2 Telegraphic Transfer (T/T)
2.3 Demand Draft (D/D)
3 Bills for Collection
3.1 Documentary Collections
3.2 Documents against Payment (D/P)
3.3 Documents against Acceptance (D/A)
3.4 Advantage and Disadvantage of Collection
4 Letters of Credit (L/C)
4.1 What Is a Documentary Letter of Credit?
4.2 Types of Letters of Credit
4.3 How It Works
4.4 Important Theories
4.5 Causes of Disputes
4.6 Uniform Customs and Practice for Documentary Credits (UCP)
5 Making the Most of Studying
5.1 [Exercises]
5.2 Further Reading
5.3 Web Links
5.4 Recommended Reading
6 Explanatory Notes
Chapter Three Carriage of Goods by Sea and Marine Cargo Insurance
1 Charter Parties
1.1 Voyage Chapter Party
1.2 Time Charter Party
1.3 Bareboat Charter Party
2 Bills of Lading
2.1 Rules of Bills of Lading
2.2 Range of Commercial and Legal Functions of Bills of Lading
2.3 Contents of Bill of Landing
2.4 Common "Labels" for Bills of Lading
2.5 Carder's Responsibilities under B/L
2.6 Shipper's Responsibilities under B/L
3 Marine Cargo Insurance
3.1 Marine Insurance Contracts
3.2 Loss of or Damage to the Subject Matter Insured and Abandonment
3.3 Perils and Expenses
3.4 People's Insurance Company of China Ocean Marine Cargo Clauses
3.5 Institute Cargo Clauses (ICC)
4 Making the Most of Studying
4.1 [Exercises]
4.2 Further Reading
4.3 Web Links
5 Explanatory Notes
Chapter Four WTO
1 Introduction
1.1 Origin and Development
1.2 Principles of the Trading System
1.3 The Main Differences between GATT and WTO
2 The Agreements
2.1 Goods
2.2 Services
2.3 Intellectual Property: Protection and Enforcement
2.4 Plurilaterals: Of Minority Interest
2.5 Trade Policy Reviews: Ensuring Transparency
3 The WTO Dispute Settlement Mechanism
3.1 Importance of the WTO Dispute Settlement System
3.2 The Dispute Settlement Understanding
3.3 Functions, Objectives and Key Features of the Dispute Settlement System
3.4 Participants in the Dispute Settlement System
3.5 Process of Dispute Settlement
4 Making the Most of Studying
4.1 [ Exercises]
4.2 Further Reading
4.3 Web Links
4.4 Annex
Explanatory Notes
Chapter Five International Investment Law
1 Foreign Direct Investment
1.1 Definition of Foreign Direct Investment
1.2 Benefits of Foreign Direct Investment
1.3 Determinants of Foreign Direct Investment
1.4 Risks of Foreign Direct Investment
1.5 Forms of FDI in China
2 Bilateral Investment Treaties
2.1 Overview of Bilateral Investment Treaties
2.2 Basic Provisions of Bilateral Investment Treaties
2.3 The Impact of Bilateral Investment Treaties on Developing Countries
3 Agreement on Trade-Related Investment Measures
3.1 Overview of Agreement on Trade-Related Investment Measures
3.2 The Purpose of the Agreement on Trade-Related Investment Measures
3.3 Exceptional Provisions of the Agreement on Trade-Related Investment Measures
3.4 Future Challenges of the Agreement on Trade-Related Investment Measures
4 Multilateral Investment Guarantee Agency
4.1 Origin of Multilateral Investment Guarantee Agency
4.2 Eligible Investor, Eligible Investments
4.3 Types of Risks Guaranteed by Multilateral Investment Guarantee Agency
4.4 Advantages of Multilateral Investment Guarantee Agency
5 International Centre for the Settlement of Investment Disputes
5.1 Overview of International Centre for the Settlement of Investment Disputes
5.2 Effectiveness of the ICSID System
5.3 Assessment of the ICSID System
6 Making the Most of Studying
6.1 [ Exercises]
6.2 Further Reading
6.3 Web Links
7 Explanatory Notes
Chapter Six International Taxation
1 Introduction
1.1 International "Tax Competition"
1.2 Theories of International Taxation
1.3 International Tax Law
2 Tax Jurisdiction
2. 1 The Definitions and Principles of the Tax Jurisdiction
2. 2 Residence State Jurisdiction
2. 3 Source State Jurisdiction
3 International Double Taxation
3. 1 Introduction
3.2 Connecting Factor Conflicts
3.3 Methods of Avoiding Double Taxation
3.4 Exemption Method
3.5 Deduction as Costs
4 Tax Avoidance
4. 1 Transfer Pricing
4. 2 Tax Havens and Harmful Preferential Tax Regimes
5 International Tax Principles and Tax Treaties - Comments
6 Making the Most of Studying
6. 1 [ Exercises]
6. 2 Further Reading
6. 3 Web Links
7 Explanatory Notes
Chapter Seven International Commercial Dispute Settlement
1 Settlement of Disputes through Courts
1.1 Jurisdiction and Venue
1.2 National Courts
1.3 Recognition and Enforcement of Foreign Judgment
2 Settlement of Disputes through Arbitration
2. 1 Introduction
2. 2 Arbitration as a Dispute Settlement Mechanism
2.3 History of International Commercial Arbitration
2. 4 Legal Regime Governing International Commercial Arbitration
2. 5 Arbitration Agreement
2.6 Arbitration Tribunal
2. 7 Making Awards and Termination of Proceedings
2.8 Recognition and Enforcement of Awards
2. 9 Main International Commercial Arbitration Institutions
3 Settlement of Disputes through ADR
3.1 Introduction to ADR
3.2 Pros and Cons of ADR
3.3 Some Prominent ADRs
4 Making the Most Studying
4. 1 [ Exercises]
4. 2 Further Reading
4. 3 Web Links
5 Explanatory Notes
参考文献
后记
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