International Commercial Law Research Articles

Cross-Border Enforcement of Consumer Banking Law

This literature review examines the ongoing challenges and advancements in consumer protection within international finance and arbitration. It highlights regulatory failures, particularly in the context of high-profile financial scandals, underscoring the necessity for more robust financial regulations. The review discusses the issues of cross-jurisdictional consumer protection, focusing on the implications of regulatory arbitrage and its detrimental effects on consumer rights in global contexts. Additionally, it addresses the role of online dispute resolution as a means to reduce barriers to justice in cross-border financial transactions. The importance of fairness and efficiency in consumer arbitration processes is emphasized, particularly in relation to emerging digital finance models. The review also explores the critical issues of transparency and potential bias in international financial dispute resolution. Furthermore, it underscores the urgent need for reforms in international commercial law to effectively protect consumers amid the complexities of globalization and evolving financial landscapes. This compilation of insights presents a comprehensive understanding of consumer protection in cross-border financial environments, illustrating the necessity for improved regulatory frameworks and dispute resolution mechanisms to safeguard consumer rights effectively.

The Impact of Regional Economic Integration on International Commercial Law: The Cases of the EU and ASEAN

This paper explores the profound impact of regional economic integration on international commercial law by analyzing the cases of the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). The study first outlines the theoretical foundations and main types of regional economic integration. It then delves into the high degree of legal unification in the EU and the flexible legal coordination in ASEAN. By comparing their legal systems, corporate law, contract law, and dispute resolution mechanisms, the paper reveals how the EU plays a leading role in international commercial law through its strict legal framework, while ASEAN achieves regional cooperation through non-binding consensus mechanisms. The research finds that regional economic integration not only enhances legal standards and innovation in international commercial law but also significantly impacts the legal compliance and business operations of multinational enterprises. The paper concludes with policy recommendations to strengthen regional legal cooperation and further harmonize international commercial law, and it suggests future research directions, including the impact of other regional economic integration organizations and deeper studies into specific legal fields.

A Study of the Heterogeneous Application of China-Based Teaching Methods in International Trade and Business Law Courses

For China's teaching methods in international trade and business law courses, the audience's professional knowledge system framework, China's teaching methods in international trade and business law courses in the heterogeneity of the application of the basis lies in the professional way of thinking differences. Since the reform and opening up, the domestic trade has been closely integrated with the development of China's economy and the need for foreign trade activities, China wants to develop trade and strengthen economic exchanges with countries around the world, should understand and comply with the international commercial law and international trade practices, prior to the negotiation of the contract should strive to be detailed and clear, specific and complete, and should be strictly abide by the terms and conditions of the process, and should not be all to our own, since a set of, and thus causing many problems and losses and affecting the credibility of the country. Many problems and losses and affect the credibility of the country. This is particularly important for students of international trade and business law, the importance of international trade and business law programme. As for the teaching methods in China, there are two kinds of teaching methods in international trade and business law: the heterogeneous application of direct teaching method is reflected in the differentiated explanation of the basic concepts and principles of international trade and business law, while the heterogeneous application of case teaching method is shown in the differentiation of the case selection and implementation process. For the above two methods, the author proposes other teaching methods for reference.

Global Commerce and the Law: A Comparative Exploration of International Commercial and Intellectual Property Law

This article explores the intricate landscape of international commercial law through a comparative analysis, focusing on the theoretical foundations, dispute resolution mechanisms, and intellectual property rights across different legal jurisdictions. By examining the roles of comparative law, the tension between harmonization and legal pluralism, and the variances in contract law, this study sheds light on the challenges and opportunities presented in global commerce. Furthermore, it delves into arbitration, mediation, and the influence of legal culture on dispute resolution, alongside a detailed examination of copyright, trademark, and patent laws in a globalized economy. This comprehensive analysis aims to provide legal practitioners and businesses with insights into navigating the complexities of international commercial transactions and intellectual property protection, highlighting the importance of strategic legal planning and international cooperation.

The Concerns of Nation-State Sovereignty and International Commercial Law: A Path to Harmonisation

The current body of literature on international business and commercial laws demonstrates the inherent conflict between the legal system and the sovereignty of nation-states. The phenomenon of globalization has amplified the influence of non-state actors, regional organizations, and free trade agreements, resulting in a significant demand for international arbitration. The incorporation of international commercial laws into the current standard is increasingly prevalent, as nation-states discover the benefits of adhering to such laws. Conversely, the concept of national sovereignty, which exerted significant influence in recent years, appears to be facing substantial challenges due to the emerging trends in an increasingly interconnected globalized world. Nevertheless, the nation-state and its sovereignty maintain a significant impact on the dynamics of power and trade between different nation-states. This study undertakes an examination of the substantial discord between principles of international commercial law and the sovereignty attributed to nation-states, with specific attention directed towards the prospects of achieving harmonization. Moreover, it delves into the intricacies and challenges inherent in the pursuit of harmonization within this specific domain.

Legal Obligations and Potential Risks for Chinese Electric Guitar Enterprises from a Perspective of International Commercial Law

Legal Obligations and Potential Risks for Chinese Electric Guitar Enterprises from a Perspective of International Commercial Law

Research on Mixed Teaching of International Commercial Law Course

This thesis mainly studies the teaching mode led by participatory learning and interactive teaching, which the BOPPPS model is introduced into the mixed teaching mode of "online + offline" to analyze the modern teaching mode of "International Commercial Law" course. Under this model, the problems faced by the course design of International Commercial Law are given corresponding solutions in the implementation process.

Research on legal risk prevention and control strategies of multinational corporations from the perspective of international commercial law

Research on legal risk prevention and control strategies of multinational corporations from the perspective of international commercial law

Transnational Dispute Resolution, International Commercial Courts, and the Future of International Commercial Law

Transnational Dispute Resolution, International Commercial Courts, and the Future of International Commercial Law

Bargaining inequality: ways to overcome it in international commercial law and in private international law

The basic tenet of contract law is freedom of contract, including the freedom to negotiate and the autonomy of the will of the parties. However, practice and doctrine show that many international commercial contracts are formed in conditions of actual inequality of counterparties. The present work is the first comprehensive study of the problem of cross-border bargaining inequality among professional merchants. The aim of the study is to systematize and critically evaluate the effectiveness of legal conditions formulated in the unified acts of international commercial law and private international law to overcome inequality of counterparties at the pre-contractual stage. The study is based on logical, formal-legal and comparative-legal methods. The results and conclusions may be formulated as follows: (1) The set of legal means to resolve the problem of unequal position of the contracting parties is represented by a complex of complementary spheres of unified normative regulation - substantive norms and conflict-of-law norms. (2) Universal conventional legal regulation of the pre-contractual stage has not been developed. (3) Recommendatory acts of substantive unification of commercial law enshrine developed models of regulation of the parties’ conduct in cross-border negotiations. The main legal means to balance the position of the counterparties is the institution of the pre-contractual liability based on the principle of good faith. (4) Both in European law and in Russian law, the conflict-of-law issue is resolved through a combination of non-contractual qualification of the pre-contractual relations and the complex nature of regulation involving the consecutive use of contractual and tort-based connecting factors. (4) Where there is inequality, conflict-of-laws must provide for an equitable solution to situations where the choice of law applicable to each of the contracting parties is not truly free, including permitting a deviation from the principle of autonomy of will. (5) In the absence of parties’ choice of applicable law, the list of criteria for establishing the closest connection between the pre-contractual legal relation and the competent legal order should be expanded: the court should be able to consider the law of the future contractual obligations’ place of performance and the law governing other related contracts.

A Primary Analysis of the Global Economic Cooperation Model in the Context of International Business Law - a Study of the Belt and Road Initiative

As a major international business initiative proposed by China in 2013, the Belt and Road Initiative has deepened strategic economic cooperation among countries along the route and has positively contributed to the development of regional economic integration, as well as achieving exports and exchanges in multiple areas such as technology, culture and education, which enables China to play a more important role on the international stage. In order to ensure the development of the Belt and Road Initiative in a normative direction and to further ensure that the constraints and challenges in its implementation can be effectively addressed, the mediation, regulation and guidance role of international commercial law must be fully utilized and brought into play. In this article, the value of the Belt and Road Initiative and related positive role it can play are discussed in the context of international business law, as well as the possibilities for the development of international economic trade.

WAYS OF IMPROVING TRADE IN JORDAN WITHIN THE FRAMEWORK OF INTERNATIONAL COMMERCIAL LAW

The main purpose of the article is to identify ways to improve the trading system in the framework of the development of international commercial law. The object of research is the trading system and commercial law in Jordan. The scientific task is to form a model for improving the trading system in the framework of the development of international commercial law in Jordan. The main method used in the article is the IDEF3 method, which allows, through a system of flowcharts, to model the directions for improving the trading system in the framework of the development of international commercial law. As a result of the study, the key stages of improving the trading system in Jordan in the framework of the development of international commercial law were identified and characterized, including the use of digital technologies, the expansion of rights and freedoms in trade, and the use of smart contracts. The value of the obtained results lies in modelling and improving the efficiency of trade operations in Jordan taking into account the norms and rules of international commercial law. The limitations of the study concerned taking into account the specifics of trade and law only in Jordan because the author of the article belongs to this country.

LEGITIMACY OF INTERNATIONAL COMMERCIAL LAW IN RESOLVING CONSUMER PROTECTION DISPUTES IN E-COMMERCE TRANSACTIONS

The Development and Progress of Technology in the Era of Globalization Drive Changes in Various Aspects of Life. The rapid advancement of technology provides convenience and flexibility to its users, one of which is in the field of commerce. Alongside the swift technological progress in the world of commerce, society is presented with various transaction systems, one of which is the e-Commerce transaction system. E-Commerce transactions enable the trade of goods/services across borders rapidly and effectively, without the need for direct presence during the transaction. However, in this context, e-Commerce trade transactions inherently possess a high vulnerability to fraudulent activities or actions that could harm consumers. The method employed by the author in this writing is the normative method. The discussion to be examined by the author is how consumer protection in e-Commerce trade transactions and dispute resolution are based on international commercial law. Based on further examination, the conclusion drawn from this writing is that the existence of e-Commerce transactions is regulated by the international trade institution, the United Nations Commission on International Trade Law (UNCITRAL), through the Model Law on Electronic Commerce 1996. Meanwhile, in the event of disputes among parties engaged in e-Commerce transactions across different countries, resolution can be achieved through mutual agreement by the parties, either through litigation or non-litigation methods.

Challenges and Opportunities for the Protection of Labour Rights of Transnational Corporations: The Case of Developing Countries

In recent years, with the globalisation and liberalisation of trade, an increasing number of multinational corporations have been operating in developing countries. While promoting the economic development of developing countries, it has also triggered a series of human rights violations. Therefore, strengthening the protection of human rights for multinational corporations in developing countries is one of the current hot issues in international commercial law and human rights protection. Against this background, the international community has adopted a series of measures, such as the UN Global Compact, the OECD's Code of Conduct for Multinational Enterprises and the ILO's Declaration of Fundamental Principles and Rights, to protect the human rights issues of transnational corporations in developing countries. However, the effectiveness of these measures is still controversial, while further improvements are needed in practice. Therefore, this paper will use the method of case study to analyse the current problems of labour human rights abuses of transnational corporations in developing countries and put forward its own thoughts on how to strengthen the accountability of transnational corporations with respect to the protection of human rights, with a view to conducting a more in-depth analysis and reflection on the interaction between international business law and human rights protection.

TRANSFORMASI BADAN USAHA MILIK NEGARA SEBAGAI OBYEK HUKUM DAGANG INTERNASIONAL DALAM PARADIGMA GLOBALISASI EKONOMI

This article answers the problem of the influence of economic globalization on BUMN (State-Owned Enterprises/SOE) and the position of BUMN as an object of International Commercial Law in the paradigm of economic globalization. BUMN, in its development, is required to fulfill two main functions, namely public service and profit-oriented. In the dynamics of economic globalization, the global economic association also has a significant impact on countries to adapt. One way is to maximize the role of public companies. The expansion of the functions of BUMN, followed by physical and managerial modernization, is a challenge to maintain the function of BUMN as an extension of the state in realizing people's welfare. Articles examine laws and regulations, legal principles, literature, and doctrine related to the issues presented, thus including doctrinal legal research. The results of the study show that the influence of economic globalization on BUMN has expanded the functions of BUMN, public services, and seeking profit. Meanwhile, the position of BUMN as an object of international trade law in the paradigm of economic globalization includes the competitive model, the coordinative model, and the coordinative hegemony model.

Analysis on the Construction Path of “Golden Course” of International Commercial Law in International Trade Major from the New Liberal Arts Perspective

Under the background of “new liberal arts”, curriculum innovation and development become an important way to improve the quality of talent training. Therefore, the construction of “golden course” as a breakthrough is the focus of talent training and professional development in undergraduate colleges. Based on the analysis of the necessity of constructing the “golden course” of International Commercial Law in international trade major from the perspective of new liberal arts and the existing problems in course construction, this paper constructs the “five-in-one” teaching mode of “Golden Course” of International Commercial Law in international trade major by combining the teaching idea of “pre-class + after-class + in-class”, and explores the cultivation path of foreign trade law compound talents. To cultivate high-quality practical foreign trade talents who meet the needs of the construction of a trade power and the development of the country and society.

International Business Law and Regulations

This section covers foreign business corporation law and other corporate legislation. Foreign commerce may boost revenues, customer base, and product quality. Currency exchange rate fluctuations may help businesses attract more talent. International commercial law governs international interactions via conventions, treaties, national laws, and economic practices. It's also called common law. These policies allow nations to cooperate in commerce, licensing, tariffs, taxes, and other commercial areas. Foreign commerce may help a corporation increase sales, revenue, and product durability. Currency exchange rate fluctuations may help businesses attract more talent. Every Fortune 500 firm has foreign branches and global customers, thus they must comply with international rules and regulations to join international markets. Since Covid-19, globalization's importance has increased. The pandemic has made worldwide commerce more important for all enterprises. One-third of these companies want worldwide growth, and 50% of their CEOs say the epidemic has changed their view on exporting. Context: Rephrase the query and underline the investigation's importance; The second half of our review paper contains over fifty scholarly reviews on international business and trade law. These descriptions explain the rules' most unusual methods. In conclusion, the essay's main points are summarized.

Carriage of Goods International Commercial Law

Carriage of Goods International Commercial Law

Analysis on the Impact of International Commercial Law on the Belt and Road Initiative

Analysis on the Impact of International Commercial Law on the Belt and Road Initiative

Teaching Slavery in Commercial Law

Public status shapes private ordering. Personhood status, conferred or acknowledged by the state, determines whether one is a party to or the object of a contract. For much of our nation’s history, the law deemed all persons of African descent to have a limited status, if given personhood at all. The property and partial personhood status of African-Americans, combined with standards developed to facilitate the growth of the international commodities market for products including cotton, contributed to the current beliefs of business investors and even how communities of color are still governed and supported. The impact of that shift in status persists today. The commodities markets and the nations that rose and prospered would not be possible without the slave trade, and that trade would not be possible without the legal, business, and social norms in place to facilitate private ordering and growth while reinforcing the subjugation of African-Americans. Yet, many business and commercial law professors devote class time to teaching foundational and historical material, without any consideration of the impact of slavery. To avoid slavery in business and commercial law courses is to ignore an institution that plays a pivotal role in much of what we do today. Slavery is not a frolic, it is foundational. Many American universities played a role in the slave trade—either by receiving funds from the enterprise or receiving the enslaved as donations and using their labor or disposing of them for the financial advancement of the institution. In my Core Commercial Concepts course, a Uniform Commercial Code (UCC) survey class covering Articles 2, 3, 4, and 9, I devote time and space to discussions of race and the law by making the connection between the history of commercial concepts, slavery, and the role of the cotton industry in the shaping of international commercial law norms. In my simulation, described in this Essay, I teach the story of Washington and Lee University’s sale of individuals for the purpose of ensuring the institution’s financial survival, then extrapolate from the facts to review the high points of commercial law. I incorporate materials on the legacy of slavery at my own institution to provide students with a scenario based on the acquisition of real property and construction of buildings they engage with on campus. In this Essay I explain the methods I use to explore these concepts. Working in a framework that focuses on classification and status, my students consider issues of federalism and the impact of statutory definitions on private ordering, while discussing how these definitions shape the relationship of African-Americans to commerce.