国际商法(双语版)
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1.3 History of International Business

As a matter of fact, international business is as old as the oldest civilization. Throughout the history of mankind, countries traded to obtain needed items from silk to spices that were not readily available in their own countries. Asia, Middle East, Africa and Europe have been the major marketplaces of trade for hundreds of years. In history, there were famous “silk road”, which linked the market of China with Middle East and Europe, and the first international sea trade route established by the Europeans in the sixteenth century. With the advent of great naval power, Portugal and Spain opened the Americas, India, and the Pacific to trade. For more than three hundred years, trade in cotton, corn, horses, weapons and even slaves thrived among Europe, America and Africa.

Since the end of World War II, much has changed in the field of international business. The General Agreement on Tariffs and Trade (GATT) negotiation rounds resulted in trade liberalization, and this was continued with the formation of the World Trade Organization (WTO) in 1995GATT and WTO(关贸总协定与世界贸易组织):为推动国际贸易的自由化,1947年多国签订了《关税与贸易总协定》。1994年4月15日,在摩洛哥的马拉喀什市举行的关贸总协定乌拉圭回合部长会议决定成立更具全球性的世界贸易组织,以取代成立于1947年的关贸总协定。1995年1月1日,世界贸易组织成立。世界贸易组织是当代最重要的国际经济组织之一,现拥有164个成员国,成员国贸易总额达到全球的98%。. At the same time, worldwide capital movements were liberalized by most governments, particularly with the advent of electronic funds transfers.

The world today is more economically interdependent than at any time of the history. It is said twentieth century was the century of emerging globalization. “Globalization”Globalization(全球化):目前全球化有诸多定义,通常意义上的全球化是指全球联系不断增强,人类生活在全球规模的基础上发展及全球意识的崛起。国与国之间在政治、经济贸易上互相依存。 has been one of the most frequently cited terms in economic and legal literatures. Many economists and business experts even conclude that globalization makes no business purely domestic. Even the small local companies are affected by global competition and world events.

In effect, globalization is rather an economic concept with significant legal meaning. It is an economic process which appears to be unstoppable. Undoubtedly, with the increasing globalization of economy, we will experience more cross-border activities. Many economists and business experts believe that no trade can be purely domestic in such a globalization process. The reality of the increasing economic interdependence among countries makes all trade international. No longer can an economic or policy change in one country occur without causing reverberations throughout the world's markets. For example, the deterioration in trade relations between the United States and China can affect the manufacturing plants in Canada or Mexico. The Mad Cow disease affected far more than the English cattle but the trade in beef worldwide.

Globalization can be attributed to many factors. Natural resources and raw materials are unevenly located around the world. Technology advances in communications has brought people closer than ever and made the world, to some extent, a village on the earth. Most of nations have moved away from pure protectionism of trade and increasingly toward free trade. Recent decades has seen a steady and robust movement towards regional integration, for example, EUEU(European Union,欧洲联盟),简称欧盟:是欧洲地区规模最大的区域性经济合作的国际组织,现拥有27个成员国。成员国之间关于货物贸易、服务贸易、货币、金融政策等的基本政策和法律已实现统一或协调。 and the development of free trade areas such as China-ASEANChina-ASEAN(中国——东盟自由贸易区):是中国与东盟十国组建的自由贸易区。2010年1月1日中国——东盟自由贸易区正式全面启动,成为一个涵盖11个国家、19亿人口、GDP达6万亿美元的巨大经济体,是目前世界人口最多的自由贸易区,也是发展中国家间最大的自由贸易区。 and NAFTA.NAFTA(North American Free Trade Area,北美自由贸易区):由美国、加拿大和墨西哥3国组成。1992年12月17日三国正式签署《北美自由贸易协定》。1994年1月1日,协定正式生效,北美自由贸易区宣布成立。自由贸易区内的国家货物可以互相减免关税,并削减非关税壁垒,而贸易区以外的国家则仍然维持原关税及贸易壁垒。 Technologies of patents, copyrights, trademarks and know-how are transferred by licensing agreements around the world, as freely as goods and services are sold. Greater political stability in newly emerged economically powerful countries has led to increasing trade volume around the world.

Globalization is also a legal event, as evidenced by the spread of rule of law among nations. Greater economic interdependence has required countries to reach agreement on important legal issues. The global economy has been affected by the development of widely accepted international conventions and practices, which provide a reliable and consistent legal environment for international business. Meanwhile, national laws are required to be harmonized and adjusted to new development in international business.