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International Trade Practice Essay

1420 words - 6 pages

导 论

国际贸易实务是一门主要研究国际商品交换的具体过程的学科,也是一门具有涉外活动特点的实践性很强的综合性应用科学,凡国际经贸类专业都把本课程作为一门必修的专业基础课程。为了学好这门课程,首先必须对下列几个方面的问题有所了解:

一、国际贸易的特点

国际贸易具有不同于国内贸易的许多特点,其交易环境、交易条件、贸易做法及所涉及的问题,都远比国内贸易复杂,其特点主要表现在下列各方面:
(一)国际贸易既是一项经济活动,也是涉外活动的一个方面
由了国际贸易具有这一特点,故在对外交往中,不仅要考虑经济利益,而且还应注意配合外交活动,认真贯彻我国的对外方针政策,在履约当中,要重合同、守信用,注意对外保持良好的形象。
(二)国际贸易属跨国交易,情况错综复杂
国际贸易的交易双方处在不同的国家和地区,各国的政治制度、法律体系不同,文化背景互有差异,价值观念也往往有别,在洽商交易和履约过程中,涉及到各自不同的政策措施、法律规定、贸易惯例和习惯做法,情况千差万别,错综复杂。
(三)国际贸易易受国际局势变化的影响,具有不稳定性
国际贸易易受国际政治、经济形势和各国政策及其他客观条件变化的影响,尤其在当前国际局势动荡不定、国际金融市场变化莫测与市场价格瞬息万变的情况下,国际贸易的不稳定性更加明显。
(四)国际贸易面临的风险远比国内贸易大
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提供符合合同规定的货物 |
|B1.支付货款 |
|A2.许可证、批准文件及海关手续 |
|B2.许可证、批准文件及海关手续 |
|A3.运输合同与保险合同 |
|B3.运输合同与保险合同 |
|A4.交货 |
|B4.受领货物 |
|A5.风险转移 |
|B5.风险转移 |
|A6.费用划分 |
|B6.费用划分 |
|A7.通知买方 |
|B7.通知卖方 |
|A8.交货凭证、运输单证或有同等作用的电子信息 |
|B8.交货凭证、运输单证或有同等作用的电子信息 |
|A9.核查、包装及标记 |
|B9.货物检验 |
|A10.其他义务 |
|B10.其他义务 |

注:A代表卖方义务(THE SELLER’S OBLIGATIONS)
B代表买方义务(THE BUYER’S OBLIGATIONS)
在有关贸易术语的国际贸易惯例中,《2000通则》包括的内容最多、使用范围最广。近年来,国际商会也了解到《通则》在世界范围内的影响越来越大,因此,在进行最近的修订时力图保持它的相对稳定性。国际商会在推出《2000通则》时还提醒贸易界人士,由于《通则》多次变更,如果当事人愿意采纳《2000通则》,应在合同中特别注明“本合同受《2000通则管辖》”

二、国际贸易惯例的性质与作用

前已述及,国际贸易惯例是国际组织或权威机构为了减少贸易争端,规范贸易行为,在长期、大量的贸易实践的基础上制定出来的。由此可见,贸易惯例与习惯做法是有区别的。国际贸易业务中反复实践的习惯做法经过权威机构加以总结、编纂与解释,从而形成为国际贸易惯例。《美国统一商法典》对惯例的解释是:“一项贸易惯例是在某一地方、某一行业或贸易中所惯常奉行的某种做法或方法,并以之判定发生争议的交易中应予奉行的所期望的行为模式。”
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