- Contract, refers to when 2/more parties tell about the agreements of contracts
- National Law, Law of rules that have authority like Labor resources, Environment , Tollbooth, Taxation, Etc
- International Trade Agreements, There agreements between parties in different nations and they are connected each other in that agreements.like:
- Unifications Law
- Integrations Economics
- Harmonizations Law
- Liberal Trading
- Law Models
- General Principles of Law, the significance of general principles has undoubtedly been lessened by the increased intensity of treaty and institutional relations between states.Judicial Decisions, There is no rule of stare decisis in international law. The decision of the Court has no binding force except between the parties and in respect of that particular case.Often the International Court of Justice will consider General Assembly resolutions as indicative of customary international law.
- Doctrine, All ideas from genius peoples that tell about trade or other flow can be convience people about something happen with trade.
- International Trade Customs, there habit in specific time and place that some parties do same activity intensive. it can be Custom cause that have doing many times.(Opnio Iuris Sive Necessitatis)
*OtherNotes
International Trade Agreements can be :
- Bilateral (2 subjects )
- Regional (have classified in specific regional)
- Multilateral( more than 2 subjects)
Customary international law was born from the practices of the merchants who made repeated such that the repetitive habits with a relatively long time it becomes binding.
A habit of not always be binding and therefore become law. A habitual practice to be binding must meet the following requirements:
A habit of not always be binding and therefore become law. A habitual practice to be binding must meet the following requirements:
- A repeated practice performed and followed by more than two parties (state practice), and
- the state practice accepted as binding (opnio iuris sive necessitatis).
General Legal Principles
- The legal source will start to function when the law of treaties (international) and customary international law does not give an answer to something matters. Therefore, the principles of common law is seen as an important source of law in an effort to develop the law, including, of course, international trade law.
- Some examples of common law principles, these include the principle of good faith, the principle of pacta sunt servanda, and replace rugi.Ketiga principles and these principles are recognized in almost all legal systems that exist in the world, and there is also the law (trade) internationally.
Agency decisions of the Court and Doctrine
- Court decisions in international trade law does not have a strong legal force as in the Common Law system (Anglo-Saxon).
- Status is more or less the same as in the existing legal system in Continental (Civil Law), namely that the earlier court decision just to be considered. So there is a kind of obligation is not binding for the court agencies to consider court decisions existing prearranged (in disputes related to international trade).
Contract
- Sources of international trade law which actually is the main source and the most important in the agreement or contract made by the vendors themselves. As can be seen, the contract is "the Law" for the parties who made it.
- Traders (traders) or stake-holdersnya in international trade law in the conduct of international trade transactions, they will put it into written agreements (contracts). Therefore, the contract is very essential. Because it acts as a source of contract law and the need to make their first important reference in carrying out their rights and obligations in international trade.
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