International Business Law

Author: Lin Guangzu
Publisher:
Publish Date: 2003-05-01
Features: In November 2001, China joined the World Trade Organization (WTO). This was a major decision made by the Party Central Committee and the State Council for the new century, which will have extensive and profound impacts on expanding opening-up, deepening reform, and advancing the modernization cause. The World Trade Organization is an international economic organization based on legal rules. Its core is rules, and its foundation is law. China's entry into the WTO signifies that our laws and economy must align with international standards and integrate into the international community to better develop and strengthen the socialist market economy and to better build a modern rule-of-law state. In the new context, Chinese enterprises and individuals will engage in more active and frequent international business activities. In these activities, they will inevitably involve international commercial legal systems in multiple aspects and urgently need to master relevant laws and effectively utilize legal tools to better seize the initiative and safeguard their legitimate rights and interests. To this end, we have written this textbook based on the latest domestically and internationally released, revised, or implemented laws, regulations, and cases, examined new situations and practices in international business practice, and incorporated the latest achievements in domestic and international legal education.
The International Business Law course is a required course for majors such as International Economics, International Trade, International Business Management, and International Accounting in colleges and universities. The School of Economics at Xiamen University has offered this course for over a decade, and this book is a revised version of our original teaching materials. It has the following characteristics:
1. In terms of structural design and content arrangement, it breaks the traditional basic framework of international business law, which focuses solely on international trade contracts. With advancements in science and technology and the development of economic globalization, modern international commercial transactions have far surpassed the scope of traditional international trade and have expanded into numerous fields such as technology trade and service trade. This requires the adjustment range of international business law to correspondingly change, covering international goods trade, international technology trade, and international service trade to align with the current tripartite structure of international trade primarily formed by these three trade types. Additionally, legal regulation of international commercial transactions and international commercial arbitration are also indispensable parts of conducting international business. Therefore, we have established a structural system for this book comprising five major parts: International Goods Trade, International Technology Trade, International Service Trade, Legal Regulation of International Commercial Transactions, and International Commercial Arbitration.
2. In terms of research methods, we combine economic research methods with legal research methods. When explaining and analyzing the establishment and operation of a legal system, we first introduce its economic background and evolutionary context and attempt to analyze or evaluate its operational efficiency, so that readers can better grasp the legislative spirit and apply it flexibly.
3. In terms of writing style, we adopt a comparative approach to introduce and analyze the differences in legislation among countries and promptly highlight the current status and gaps in China's legislation to meet the needs of different trade counterparts.