《国际贸易术语解释通则2010》述评
发布时间：2018-12-10 13:33
【摘要】：为了能够充分反映国际贸易的发展、适应新的交易需求,国际商会决定对现行的《国际贸易术语解释通则2000》(以下简称《通则2000》)进行修改。修改工作于2007年开始,经过长达近三年的时间,向一百三十多个国家商会及各界的专业代表收集建议和意见,在2010年落下帷幕《,国际贸易术语解释通则2010》(以下简称《通则2010》)已经正式公布并生效。新版本无论在语言上、结构上还是内容上都发生了巨大的变化,对贸易活动的指导性更强,使用起来也更加具有可操作性。 本文以《国际贸易术语解释通则》(以下简称《通则》)本身的法律属性为切入点,对其历次修订的原因、变化进行整理总结,以此来论证国际商会修订《通则》所遵循的原则。然后以近十年来国际贸易领域发生的巨大变化为背景,详细介绍了新版《通则》,即《通则2010》的具体修订内容,并对其加以评析。最后,透过《通则》的发展,深入探讨其对国际贸易法统一化的推动作用。正文共分四章: 第一章分析总结《通则》的修订原则。首先对《通则》的基本法律属性,即:性质、调整范围,进行论述分析,法律属性是国际商会多次修订《通则》却从未改变过的立足点。然后再结合历次修订的内容,论证《通则》修订的基本原则,及这些原则在国际商会制定《通则2010》中的具体作用。 第二章主要介绍国际商会决定修订《通则2000》的背景,包括法律背景和实务背景。其中法律背景有:“船舷原则”的弊病越来越明显、码头装卸作业费调整规范的缺失、新的保险条款的生效。实务背景则主要是国际贸易领域的新发展。 第三章在与《通则2000》对比的基础上,对《通则2010》最新修订内容的描述和评价。分为结构上的变化和内容上的变化,以及这些变化对买卖活动和买卖双方权利义务的影响。 第四章则对《通则2010》的适用前景进行展望,探讨了《通则2010》在贸易术语领域内以及跨领域规则之间起到的统一化推动作用、给我国贸易活动带来的影响和各国商人在未来贸易活动中适用《通则2010》的分析。
[Abstract]:In order to fully reflect the development of international trade and adapt to the new trade needs, the ICC decided to amend the current Incoterms 2000 (hereinafter referred to as "General principles 2000"). The revision began in 2007 and, after nearly three years, collected suggestions and opinions from more than 130 national chambers of commerce and professional representatives from all walks of life, and ended in 2010. Incoterms 2010 (hereinafter referred to as 2010) has been officially promulgated and effective. The new version has undergone great changes in language, structure and content. It is more instructive and more operable to trade activities. Based on the legal attributes of Incoterms (hereinafter referred to as Incoterms), this paper summarizes the reasons and changes of its revision. In this way, the principles followed by the revision of the International Chamber of Commerce (ICC) are demonstrated. Then, based on the great changes in the field of international trade in recent ten years, this paper introduces in detail the revised contents of the new edition of "General principles", that is, "General principles 2010", and comments on them. Finally, through the development of General principles, the paper probes into its role in promoting the unification of international trade law. The text is divided into four chapters: the first chapter analyzes and summarizes the revised principles of the General principles. First of all, the basic legal attributes of "General principles", that is, the nature, the scope of adjustment, are discussed and analyzed. The legal attribute is the foothold of the International Chamber of Commerce which has not changed many times. Then the basic principles of the revision of the General principles and their roles in the formulation of General principles 2010 are discussed in combination with the contents of the previous revisions. Chapter two mainly introduces the background of ICC's decision to amend General principles 2000, including legal background and practical background. The legal background is as follows: the disadvantages of the "ship side principle" become more and more obvious, the lack of the regulation of loading and unloading expenses of wharf, the new insurance clause coming into effect. The background of practice is mainly the new development in the field of international trade. Chapter three describes and evaluates the newly revised contents of General principles 2010 on the basis of comparison with General principles 2000. It is divided into structural changes and changes in content, as well as the influence of these changes on the trading activities and the rights and obligations of the buyers and sellers. The fourth chapter looks forward to the application prospect of General principles 2010, and probes into the role of unification in the field of trade terms and in the cross-domain rules. The impact on China's trade activities and the analysis of the application of General principles 2010 in the future trade activities of various countries.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1;F740
本文编号：2370654
[Abstract]:In order to fully reflect the development of international trade and adapt to the new trade needs, the ICC decided to amend the current Incoterms 2000 (hereinafter referred to as "General principles 2000"). The revision began in 2007 and, after nearly three years, collected suggestions and opinions from more than 130 national chambers of commerce and professional representatives from all walks of life, and ended in 2010. Incoterms 2010 (hereinafter referred to as 2010) has been officially promulgated and effective. The new version has undergone great changes in language, structure and content. It is more instructive and more operable to trade activities. Based on the legal attributes of Incoterms (hereinafter referred to as Incoterms), this paper summarizes the reasons and changes of its revision. In this way, the principles followed by the revision of the International Chamber of Commerce (ICC) are demonstrated. Then, based on the great changes in the field of international trade in recent ten years, this paper introduces in detail the revised contents of the new edition of "General principles", that is, "General principles 2010", and comments on them. Finally, through the development of General principles, the paper probes into its role in promoting the unification of international trade law. The text is divided into four chapters: the first chapter analyzes and summarizes the revised principles of the General principles. First of all, the basic legal attributes of "General principles", that is, the nature, the scope of adjustment, are discussed and analyzed. The legal attribute is the foothold of the International Chamber of Commerce which has not changed many times. Then the basic principles of the revision of the General principles and their roles in the formulation of General principles 2010 are discussed in combination with the contents of the previous revisions. Chapter two mainly introduces the background of ICC's decision to amend General principles 2000, including legal background and practical background. The legal background is as follows: the disadvantages of the "ship side principle" become more and more obvious, the lack of the regulation of loading and unloading expenses of wharf, the new insurance clause coming into effect. The background of practice is mainly the new development in the field of international trade. Chapter three describes and evaluates the newly revised contents of General principles 2010 on the basis of comparison with General principles 2000. It is divided into structural changes and changes in content, as well as the influence of these changes on the trading activities and the rights and obligations of the buyers and sellers. The fourth chapter looks forward to the application prospect of General principles 2010, and probes into the role of unification in the field of trade terms and in the cross-domain rules. The impact on China's trade activities and the analysis of the application of General principles 2010 in the future trade activities of various countries.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1;F740
【引证文献】
相关硕士学位论文 前2条
1 谢金荣;FCA/CPT/CIP术语的应用问题研究[D];江西财经大学;2012年
2 孙楚楚;论INCOTERMS 2010对贸易术语惯例的发展及其影响[D];苏州大学;2012年
，本文编号：2370654
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