《国际贸易法(英文版)》共16个单元,重点介绍两大法律体系、联合国国际货物销售合同公约、国际贸易术语解释通则、国际海上货物运输法、国际货物运输保险法、国际结算法、反倾销法、合同法、代理法、产品责任法、世界贸易组织、国际货币基金组织、世界银行、知识产权法、国际商事仲裁等内容,旨在使读者在英语语境中较为系统地学习国际贸易法律知识,熟悉和掌握英文国际贸易法律术语、基本概念及基础理论知识,进而提高专业英语技能。
《国际贸易法》教材旨在使读者在英语语境中较为系统地学习国际贸易法律知识,熟悉和掌握英文国际贸易法律术语、基本概念及基础理论知识,从而提高专业英语技能。本书共16个单元,重点介绍两大法律体系、联合国国际货物销售合同公约、国际贸易术语解释通则、国际海上货物运输法、国际货物运输保险法、国际结算法、反倾销法、合同法、代理法、产品责任法、世界贸易组织、国际货币基金组织、世界银行、知识产权法、国际商事仲裁等内容。
本书在编写上具有以下特点:
1.在编排结构上,呈现立体式趋势。各个单元首先明确了重要概念和学习目标,课后配有参考文献、阅读书目、课文注释、问题讨论、案例分析等栏目,便于教师有效地组织课堂教学及学生自主学习。
2.在内容体系上,注重国际商务法律知识与专业英语知识的有机统一,使学生能在专业英语语境中较为系统地学习国际商务法律知识,强化专业英语技能。
3.课文注释注重背景知识和专业词语介绍。对专有名称、专业词汇、难词及难点进行中文翻译和解释,以帮助学生更好地理解课文内容,拓展知识面。
本书主要用作高等院校商务英语本科专业国际商务法律教材,也可作为其他英语专业、法律专业及经济、管理类专业的国际贸易法双语教材、法律英语教材或教学参考用书,此外,还可作涉外经济部门的法律英语和国际商法的培训教材或自学参考书。
本书的多数章节已在本校学生中使用多年,效果较好。本书配有教学课件,如有需要请与我们联系(chenjianping@nbu.edu.cn)。
在本书的编写、出版过程中,翁凤翔教授给予悉心指导和关心,在此谨表衷心的谢意。也感谢重庆大学出版社高小平先生以及作者单位宁波大学国际交流学院同事的支持和帮助。
由于编者水平有限,书中错误或不当之处在所难免,敬请学界同仁及读者批评指正。
Unit 1 Introduction to Two Major Legal Systems
Unit 2 Introduction to United Nations Convention on Contracts for the International Sale of Goods
Unit 3 Incoterms
Unit 4 The Law of International Marine Cargo Transport
Unit 5 The Law of Insurance in International Cargo Transport
Unit 6 The Law of International Settlement of Payment
Unit 7 Anti-dumping Law
Unit 8 Contract Law
Unit 9 The Law of Agency
Unit 10 Product Liability Law
Unit 11 World Trade Organization
Unit 12 International Monetary Fund and the World Bank
Unit 13 TRIMs Agreement
Unit 14 Introduction to Intellectual Property
Unit 15 Introduction to Paris Convention for the Protection of Industrial Property
Unit 16 Disputes Settlement in International Trade
References
《国际贸易法(英文版)/新时代商务英语专业系列教材》:
Carrier's Responsibilities
According to the maritime law of China, the responsibilities of the carrier with regard to thegoods carried in containers cover the entire period during which the carrier is in charge of the goods,starting from the time the carrier has taken over the goods at the port of loading, until the goods havebeen delivered at the port of discharge. The responsibilities of the carrier with respect to non-containerized goods cover the period during which the carrier is in charge of the goods, starting fromthe time of loading of the goods onto the ship until the time the goods are discharged therefrom.During the period the carrier is in charge of the goods, the carrier shall be liable for the loss of ordamage to the goods, except as otherwise provided for in the law. The carrier may enter into anyagreement concerning carrier's responsibilities with regard to non-containerized goods prior toloading onto and after discharging from the ship.
The carrier shall, before and at the beginning of the voyage, exercise due diligence to make theship seaworthy, properly man, equip and supply the ship and to make the holds, refrigerating andcool chambers and all other parts of the ship in which goods are carried, fit and safe for theirreception, carriage and preservation~3.
The carrier shall properly and carefully load, handle, stow, carry, keep, care for anddischarge the goods carried. The carrier shall carry the goods to the port of discharge on the agreed orcustomary or geographically direct route.
The carrier shall be liable for the loss of or damage to the goods caused by delay in delivery dueto the fault of the carrier, except those arising or resulting from causes for which the carrier is notliable.
The carrier shall be liable for the economic losses caused by delay in delivery of the goods dueto the fault of the carrier, even if no loss of or damage to the goods had actually occurred, unlesssuch economic losses had occurred from causes for which the carrier is not liable.
The carrier shall not be liable for the loss of or damage to the goods occurred during the periodof carrier's responsibility arising or resulting from any of the following causes:
(1) Fault of the Master, crew, pilot or servant of the carrier in the navigation or managementof the ship ;
(2) Fire, unless caused by the actual fault of the carrier;
(3) Force majeure14 and perils, dangers and accidents of the sea or other navigable waters;
(4) War or armed conflict;
(5) Act of the government or competent authorities, quarantine restrictions or seizure underlegal process ;
(6) Strikes, stoppages or restraint of labor;
(7) Saving or attempting to save life or property at sea;
(8) Act of the shipper, owner of the goods or their agents;
(9) Nature or inherent vice of the goods;
(10) Inadequacy of packing or insufficiency of illegibility of marks;
(11) Latent defect of the ship not discoverable by due diligence ;
(12) Any other causes arising without the fault of the carrier or his servant or agent.
The carrier who is entitled to exonerate from the liability for compensation under the above-mentioned causes, shall, with the exception of the fir cause, bear the burden of proof16.
The carrier shall not be liable for the loss of or damage to the live animals arising or resultingfrom the special risks inherent in the carriage thereof. However, the carrier shall be bound to provethat he has fulfilled the special requirements of the shipper with regard to the carriage of the liveanimals and that under the circumstances of the sea carriage, the loss or damage has occurred due tothe special risks inherent therein.
The amount of indemnity for the loss of the goods shall be calculated on the basis of the actualvalue of the goods so lost, while that for the damage to the goods shall be calculated on the basis ofthe difference between the values of the goods before and after the damage, or on the basis of theexpenses for the repair. The actual value shall be the value of the goods at the time of shipment plusinsurance and freight.
Where the performance of the carriage or part of the carriage thereof has been entrusted to anactual carrier, the carrier shall nevertheless remain responsible for the entire carriage. The carriershall be responsible, in relation to the carriage performed by the actual carrier, for the act oromission of the actual carrier and of his servant or agent acting within the scope of his employment oragency. Where a contract of carriage by sea provides explicitly that a specified part of the carriagecovered by the said contract is to be performed by a named actual carrier other than the carrier, thecontract may nevertheless provide that the carrier shall not be liable for the loss, damage or delay indelivery arising from an occurrence which takes place while the goods are in the charge of the actualcarrier during such part of the carriage.
Where both the carrier and the actual carrier are liable for compensation, they shall be jointlyliable within the scope of such liability.
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