The Analysis Of Applicability Of International Commercial Custom

After World War II, international commercial affairs advance rapidly by leans and bounds, this change also caused the development and improvement of international commercial law. The intensified trends of economic integration made countries pay more attentions on cooperation and contact between each other, thus a multilateral trading system established. But for now, there is a big difference between national legal systems, and the mechanisms building of international commercial custom cannot match with the changes and development of international commercial relations. However, as an important means to resolve the international commercial disputes, the international commercial customs have a unique advantage. Therefore, the systematic and comprehensive analysis of these customs is essential. In this paper, there are six parts solving seven questions for the application of international commercial customs.In first part, the seven questions come up with a case of international commercial customs. The second part solve the first question-whether the international commercial customs are legal norms and whether they contain legally binding through the analysis of two different views. The third part though the analysis of origin of legal and pattern of manifestation solve the second question-among three different patterns of these customs, whether the pattern of explaining can transform to the pattern of coercive. The forth part analyze the applicable manner of these customs to explain when parties choose to apply international commercial customs, the custom used as part of the contract or laws, and when parties do not choose the customs, whether judiciary should or can forced to apply. The fifth part based on the peremptory norms and public orders to analyze the restrictions in applying international commercial customs. The sixth part focuses on the application in our country, so as to solve the forth question – the scope of “Civil Law” Iterm142; the fifth question-the order of application among international treaties, domestic law and international commercial customs; the sixth question –if there is no rules, how the international commercial customs work; and the seventh question – whether the reservation of public order is a prerequisite in application of international commercial customs, and if public order ruled out the customs, which rules the courts can use as a judge.