Session 2 : Development and Principle of International Trade Law

Birth of International Trade Law due to the practice of traders also known as "Lex Mercatoria [Law of Merchant]".

International Tade Law grow due to 4 factor : 

1. Birth of rules arising from the customs in different fairs.
2. The birth of the customs law of the sea.
3. The birth of the habits that arise in the settlement of trade disputes.
4. Notary strong involvement in providing maid service commercial law.

 A scholar of international trade law, Prof. Alexander Goldstajn 3 introduces the basic principles:

1. The basic principle of freedom of contract
   is a universal principle. Freedom includes a fairly extensive areas of law, including the freedom to make contracts that the parties agreed to, including the freedom to choose their commercial dispute resolution forum. Also includes the freedom to choose the law that will apply to the contract and others.
2. Pacta sunt servanda
   Is a principle which requires that agreements or contracts that have been signed to be implemented as well as possible (in good faith)
3. Settlement of dispute by arbitration
   Goldstajn argue and reason why this principle is important:
   "Moreover, to the extent that the settlement of differences is Referred to arbitration, a legal order uniform is being created. Often Arbitration Tribunals apply other criteria than those applied in courts. Arbitrators Appear ready to interpret rules more freely, taking into account customs, usage and business practice. Further, the fact that enforcement of foreign arbitral awards is generally more easy than the enforcement of a foreign court decision is conducive to a preference for abtritation "  

   

• At Huala Adolf book; Law International Trade, he added one other basic principle who according to Huala Adolf this principle relevant with international trade, this principle is the basic principle of “freedom for communicate” (including therein freedom of navigate) 

• Communication or navigational is the freedom the parties for communicate for purposes a trade with anyone also with through various means of navigational or communication, whether landline, sea, air or through electronic means. This freedom is essential to the implementation of international trade.

source : 
http://mahendraputra.net