Question 1: What are the common international trade practices? At present, the common international trade practices in the field of international trade mainly include the following: 1. Incoterms (1) "Incoterms 2000" formulated by the International Chamber of Commerce. (2) The "Warsaw-Oxford Rules of 1932" formulated by the International Law Association (3) "Revised Definition of Foreign Trade of the United States" formulated by the National Association of Foreign Trade. 2. Receipt and payment of international payments (1) "Uniform Customs and Practice for Documentary Letters of Credit" formulated by the International Chamber of Commerce (International Chamber of Commerce Publication No. 500). (2) The 1995 revision of the Uniform Rules for Collections formulated by the International Chamber of Commerce (International Chamber of Commerce Publication No. 522). 3. Transportation and insurance (1) "London Insurance Association Cargo Insurance Clauses" formulated by the Insurance Institute of London, UK; (2) "International Cargo Insurance Clauses" formulated by the People's Insurance Company of China; (3) "York One" formulated by the International Maritime Commission. Antwerp Rules" 4. In terms of international arbitration, the "United Nations Commission on International Trade Law Arbitration Rules" formulated by the United Nations Commission on International Trade Law. Different legal systems have different provisions on the relationship between international treaties, international practices and domestic legislation. Generally speaking, in many countries, international treaties have automatic or non-automatic effect. International practices are mostly related to the parties’ agreements rather than domestic laws or international treaties. When the agreement between the parties conflicts with the international practice adopted by the parties, the court will resolve it based on the intention of the parties.

Question 2: The constituent elements of international practice. For a certain rule or practice to constitute international practice, it must meet two necessary conditions: First, "material factors" or "objective factors". That is to say, there should be long-term common practice among many countries, which is reflected in the repeated application of the same rules or the repeated formation of the same practice, and thus forms a "general practice" in the international community, such as what countries establish when dealing with certain types of issues in their interactions. If other countries also use it as a binding norm and apply it repeatedly when dealing with similar issues, it may constitute an international practice. The second is "psychological factors" or "subjective factors". That is to say, the practice should have "opinio juris", be generally accepted by the international community, and be recognized by all countries as legally binding. ] In order to prove whether a practice exists and is accepted as law, evidence must be sought. Evidence can be found from the following three aspects: (1) Various diplomatic documents between countries; (2) Resolutions and judgments of international organizations, etc.; (3) Various relevant documents in domestic legislation, justice, and administration, etc. . A principle, rule or system can be established as an international custom only if sufficient evidence that it has been recognized as legally binding by all countries can be found from relevant information on international practice. If no evidence can be found, it cannot be established as an international custom.

Question 3: What are the commonly used international practices in international settlement 1.UCP600: Uniform Customs and Practice for Documentary Letters of Credit

2.URJ522: International Chamber of Commerce Uniform Rules for Collection

3.URR525: Uniform rules for inter-bank reimbursement under documentary letters of credit

I4.SP98: Standby letter of credit practices

5.ISBP: About review of documentary International Standard Banking Practices for Documents Under Letters of Credit

6. General Principles of International Factoring

Question 4: What is the difference between international practice and international custom? International practice has its own specific interpretation and application. Scope, in a nutshell, usually refers to the written rules formulated by international organizations based on the general customary practices gradually formed in long-term international practice. These rules, based on the principle of party autonomy, are generally accepted and widely used internationally. and become a recognized international practice. International practice is not law in itself, but it can be given legal force through *** legislation and international legislation. In order to clarify the basic concept of international practice and its scope of application, the following points must be clarified: First, international practice is produced on the basis of customary practices gradually formed in people's practice, but it must be pointed out that it is not any kind of custom Practices can become international practices, and customary practices and international practices cannot be regarded as synonymous. Second, international practices usually refer to rules codified by international organizations, such as the "Incoterms" and "Uniform Customs and Practice for Documentary Credits" formulated by the International Chamber of Commerce. Any customs that have not been codified by international organizations practices cannot be regarded as international practice. Third, international practices must be rules that are generally accepted and widely used internationally, such as the "1932 Warsaw-Oxford Rules" formulated by the International Law Association and the "1974 York-Antwerp Rules" formulated by the International Maritime Commission. If certain practices in the international market have not been generally accepted by people, and have even been criticized and strongly opposed, they cannot be regarded as internationally accepted practices, let alone international practices. Even if certain practices have become common practice and become common practice in a certain industry or a certain port in a certain local area, but are not generally accepted and widely used by all countries, due to the limitations of its scope of application, it cannot be regarded as a common international practice. .

Fourth, international practices are adopted based on the principle of party autonomy, that is, whether the parties adopt the practice is entirely based on the principle of voluntariness. The parties can adopt or exclude a certain practice, or modify a certain practice through the agreement of the parties. . Fifth, since international practice itself is not law, it cannot be enforced, and certain practical practices that do not have the character of international practice cannot be enforced illegally. Sixth, although international practice itself does not have legal effect, it can be given legal effect through legislation. The foreign-related laws of some countries stipulate that if domestic laws do not provide for it, international practice may apply. The United Nations Convention on Contracts for the International Sale of Goods fully affirms the role of international conventions, which stipulates that conventions not excluded by the contract, conventions that people often use and repeatedly observe, and conventions that people already know and should know, are applicable to the contract. In addition, courts and arbitral tribunals in various countries often refer to international practices when handling foreign-related disputes, which fully demonstrates that international practices have important legal status and practical significance. To sum up, it is clear that customary practices, international practices and laws are different concepts at three different levels. There are connections and differences between them and they cannot be confused. Customary practices refer to a set of common practices gradually formed by people in long-term practice; international practices refer to rules compiled by international organizations based on general customary practices, and these rules are generally accepted and widely used internationally. , and has become a well-known norm that everyone must abide by; law is enacted through legislative procedures and is mandatory. When the law conflicts with international practice, the principle of "law takes precedence over practice" shall prevail. allow. Finally, it needs to be emphasized that international practices formed on the basis of customary practices are one of the important sources of law. They also have legal effect through legal provisions and agreements between the parties, and their relationship with the law is mutually reinforcing. Therefore, people should not only strictly abide by the law and be bound by relevant laws, but also respect international practices and act in accordance with international norms. Only in this way can normal social and economic order be effectively maintained.

Question 5: What is international practice? International practice, also known as international custom, is also an international code of conduct. International practices can be divided into two categories: one is international practices that fall within the legal category, and the other is international practices that fall within the non-legal category. The former has legal effect, while the latter does not.

Within the scope of private international law, there are also two different international practices: one is the international practice that all parties must abide by without choosing, that is, the mandatory international practice. The other is an international practice that is binding on the parties only after their choice, that is, arbitrary international inertia.

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Question 6: Application of international practices International practices are mostly arbitrary practices, by their nature It is a system that parties can voluntarily apply within the scope permitted by law in the specific transactions they are engaged in, although there are a small number of normative practices that all relevant parties must abide by. The practices applicable to international commercial activities between equal parties are generally arbitrary practices. When parties choose to apply a specific practice, they can usually modify or supplement it through agreement. On the other hand, the effectiveness of a practice against a specific party does not only depend on the express consent of the parties. For a practice that the parties involved in a specific transaction should know or should know that is widely known to people in the field of the specific transaction, even if the parties do not expressly express it, they shall be deemed to have implicitly agreed to such practice. For example, Article 9 of the 1980 United Nations Convention on Contracts for the International Sale of Goods, formulated under the auspices of the United Nations Commission on International Trade Law, stipulates: “Any usage to which the parties have agreed and any customary practice established between them shall be binding upon both parties. Binding force. Unless otherwise agreed, the parties shall be deemed to have implicitly agreed to apply to their contract or the conclusion of the contract the usage of which the parties are aware or ought to be aware, and such usage is relevant in international trade. It is widely known to the parties to similar contracts involved in the trade and is regularly observed by them." In accordance with Article 28, paragraph 4, of the Model Law on International Commercial Arbitration and Article 33 of the Arbitration Rules formulated by the United Nations Commission on International Trade Law, when the arbitral tribunal handles international commercial disputes, regardless of whether the parties have chosen When making an award, the arbitral tribunal “shall make its decision in accordance with the terms of the contract and shall take into account the trade practices applicable to the transaction. . ”

Question 7: The main conventions of international trade. The main conventions prevailing in international trade are all formulated by the International Chamber of Commerce. The main ones are: (1) "Incoterms" (2000). (2) "Uniform Customs and Practice for Documentary Letters of Credit" (1993). (3) "Uniform Rules for Collections" (1995). (4) "International Rules of Practice for Guaranteed Agencies" (1994) (promulgated by the International Federation of Factoring). (5) Uniform Rules for Demand Guarantees (1992). International practice is an important source of international law. The above practices are generally observed in international trade and are important contents that those engaged in international trade must be familiar with.

There are three main international trade practices regarding trade terms: the 1932 Warsaw-Oxford Rules, the 1941 United States Foreign Trade Definitions (Revised) and the 2000 Incoterms. Generally speaking, international trade practices should have three basic conditions: 1. They must be adopted consistently, frequently and repeatedly by people within a certain range. 2. The content must be clear and positive. 3. It must be well-known within a certain scope and recognized as universally binding. 1. Conventions themselves are not laws and are not mandatory or legally binding on the parties. 2. The adoption and application of conventions are based on the autonomy of the parties (the buyer and the seller make certain provisions in the contract that are inconsistent with conventions. As long as the contract is validly established, both parties must perform their obligations in accordance with the provisions of the contract. In the event of a dispute, the court will and arbitration institutions must also maintain the validity of the contract). In terms of the content involved, international trade practices usually include the following: 1. International practices related to letters of credit: "Uniform Customs and Practice for Documentary Credits" ("UCP600" for short). 2. International practice regarding collection: "Uniform Rules for Collection" (referred to as "URC522"). 3. International practices related to international trade terms: 1) "Warsaw-Oxford Rules 1932"; 2) "Revised 1941 United States Foreign Trade Definitions"; 3) "International Trade 2000" General Principles for the Interpretation of Terminology ("INCOTERMS 2000"). 1. International trade practices are spontaneously formed in long-term international trade practices. The formation process is not controlled and restricted by government agencies. Its official culture is generally compiled spontaneously by commercial autonomous groups. This is This makes it different from domestic laws that rely on national legislatures and international treaties that rely on mutual negotiations and compromises between countries. It is this non-*** that greatly enhances the universal applicability of international trade practices. 2. International trade practices are generally observed and accepted by people in a certain region and industry. Accidental practices cannot become international trade practices. This is an objective characteristic of international trade practices. Universal compliance and acceptance here does not require that everyone has understood and accepted it, but as long as most people engaged in this industry already know and accept it, it can be presumed that others should know the existence of this practice. Early international trade practices generally formed some relatively large ports and terminals, and gradually some of their reasonable practices were accepted by other people in the same industry. For example, the dock unions on the West Coast of the United States levied levies on container owners to protect their own interests. These miscellaneous charges are included in the liner freight rates or liner clauses by the liner conferences in various countries. Therefore, this practice has become an international trade practice among the same industry. 3. International trade practices must give people a sense of obligation and responsibility that must be followed. This is the subjective characteristic of international trade practices. Psychological factors are crucial to determine the existence of a practice. Simple regular practices without corresponding psychological certainty cannot constitute an international trade practice. Whether such psychological certainty exists in practice is for the claimant to prove, which may of course be very difficult. 4. International trade practices are arbitrary and have no mandatory application. It will have legal effect on the parties only if the parties expressly or implicitly agree to adopt it. International trade practices cannot be imposed on the parties if they exclude them expressly or implicitly. When a dispute arises between a buyer and a seller, if: 1. The provisions of the contract conflict with practice, the court or arbitration institution shall prevail according to the provisions of the contract. 2. If the provisions of the contract do not conflict with practice, the court or arbitration institution shall prevail according to the provisions of international practice. 3. If the contract clearly stipulates the adoption of a certain practice, then this practice is mandatory.

Question 8: What are international trade practices? What are the current international conventions on international trade terms? The most authoritative and most influential convention on trade terms is Incoterms, which was formulated by the International Chamber of Commerce (ICC) in 1936.

Incoterms has been revised many times. The latest version is Incoterms2010, with 11 terms: EXW, FCA, FAS, FOB, CFR, CIF, CPT, CIP, DAT, DAP, DDP.