Question 2: What does the International Chamber of Commerce mean?
When people mention the general rules for the interpretation of international trade terms, they will inevitably think of the International Chamber of Commerce. This is because for a long time, different countries and regions have different interpretations of international trade terms. The International Chamber of Commerce has unified and standardized the interpretation of international trade terms, and made, promoted and used Incoterms as one of its main functions. So, first of all, briefly introduce the situation of the International Chamber of Commerce.
1. the nature of the international chamber of commerce
The International Chamber of Commerce (ICC) is a non-governmental organization serving the world business and an advisory body of intergovernmental organizations such as the United Nations. ICC was initiated in the United States on 19 19, and 1920 was formally established. Its office is located in Paris, France.
The basic purpose of ICC is to serve the open world economy and firmly believe that international business exchanges will lead to greater prosperity and peace among countries.
At present, the membership of ICC has expanded to more than 100 countries, consisting of tens of thousands of internationally influential business organizations and enterprises, and 59 countries have established national committees or councils to organize and coordinate domestic business activities.
2. Functions of the International Chamber of Commerce
ICC has four main functions:
(1) Representing the business community in the international arena, especially acting as a commercial spokesperson for the United Nations and specialized government agencies;
(2) Promote world trade and investment based on free and fair competition.
(3) Coordinate trade practices and formulate trade terms and various guides for importers and exporters.
(4) Providing practical services for enterprises. The services include: setting up an arbitration court to solve international commercial disputes, setting up an ATA document book system for the international bureau to coordinate and manage the temporary duty-free import of goods, setting up a society of commercial law and practice, setting up an international maritime bureau to combat maritime fraud, setting up an anti-counterfeiting intelligence bureau to combat counterfeit trademarks and products, setting up a maritime cooperation center to create market conditions for world shipping, and often organizing various professional seminars and publishing various publications.
3. International Chamber of Commerce Organization
The organizational structure of ICC includes: board of directors, executive board, finance committee, president, vice-president and former president and secretary-general, professional committees and members, general meeting, and no national committee. ICC now has 24 professional committees and working bodies. These 24 professional committees are:
International Chamber of Commerce-United Nations Economic Advisory Committee and General Agreement on Tariffs and Trade. Committee on international trade policy. Committee on Multinational Enterprises and International Investment, Committee on International Business Practices, Committee on Computer, Telegraph and Information Policy, Committee on Banking Technology and Practices, Committee on Intellectual Property and Industrial Property, Committee on Environment, Committee on Energy, Committee on Maritime Affairs, Committee on Air Transport, Committee on Taxation, Committee on Competition Law and Practice, Committee on Insurance, Committee on Sales, Advertising and Wholesale, International Arbitration Commission, International Bureau of the International Chamber of Commerce, International Court of Arbitration of the International Chamber of Commerce, Institute of International Business Law and Practice, East and West.
Information about the Committee is as follows:
(1) International Business Council
The functions of the Committee are: to provide suggestions on the use of modern transportation technology, the growth of automatic information processing and the changes in business practices caused by market instability; Put forward solutions to the differences of various laws affecting international trade; Actively participate in other relevant international organizations. Especially the work of the United Nations Commission on International Trade Law.
At present, the main work is:
1) Adoption of the draft uniform rules on guarantees.
2) Support and promote the popularization and promotion of International Chamber of Commerce INCOTERMS;
3) Release the second retention of title guide.
4) Release the model agency contract.
5) Discuss the legal and commercial issues of EDI system;
6) Discuss international leasing trade.
(2) Banking Technology and Practice Committee
The functions of this committee are:
Promote the use of automatic information processing technology in international banking and draft new uniform rules. If necessary, modify the relevant collection and records.
Current uniform rules for letters of credit, etc. ; Cooperate with the Commercial Management Committee and other relevant international organizations to carry out activities aimed at acquiring broader banking legal and technical knowledge.
At present, the main work is:
1) Amend the Uniform Customs and Practice for Documentary Credits No.400.
2) Comment on the interpretation of the Uniform Customs and Practice for Documentary Credits, and study cases, etc.
3) Prepare the standard format of letter of guarantee.
(3) International Arbitration Commission
The purpose of the Committee is to develop and promote the use of arbitration to solve international commercial disputes.
At present, the main tasks are:
1) Review issues related to multi-party arbitration;
2) Investigate the arbitration model clause of the International Chamber of Commerce and the jurisdiction issues related to the arbitration clause.
3) Revise the rules of the International Chamber of Commerce on technical appraisal, etc.
4) Publish the summary of ICC award;
(4) icc International Court of Arbitration
This institution is an important organization for resolving international commercial disputes through arbitration. Every year, parties, arbitrators and lawyers from countries with different economic, political and social systems participate in ICC arbitration. As of 199 1, there are 750 cases being tried by the arbitration court, of which 199 1 has newly accepted 333 cases. Each national committee may recommend a member to the arbitration tribunal. By the end of19911231,the arbitral tribunal had 48 members of different nationalities. ICC Rules for Mediation and Arbitration were published in ICC Publication No.447-2.
(5) International Chamber of Commerce International Business Law and Practice Society
Founded in 1979, the association aims to cultivate talents in international business law and build a bridge for professional lawyers and scholars to exchange information. Mainly carry out the following activities;
1) organize training seminars to expand the understanding of disputes arising from the interpretation and implementation of international trade law and international contracts;
2) Strengthen the research links between academic institutions and international traders on some special issues.
3) Organize research on international trade law.
The academic committee of the Institute consists of 40 members appointed by the International Chamber of Commerce and 84 correspondents from all over the world. Provide a forum for lawyers and others interested in developing international commercial law.
At present, the main work is:
1) Complete the ongoing project.
2) Organize seminars on international commercial arbitration and international contracts.
3) Training negotiators to draft and implement international contracts;
4) Improve the arbitrator system.
(6) ICC/ICC China Cooperation Committee.
Established in June of 199 1, the Committee aims to strengthen the cooperation between the International Chamber of Commerce (ICC), as the representative of global owners, and the International Chamber of Commerce in China (ICC), as a non-governmental organization, and promote the business internationalization of China people.
The Co-operation Committee will focus on economic and trade policy issues, such as restoring China's status as a contracting party to GATT, China's economic restructuring, environmental protection, and international trade policies. It will be used in professional fields, especially temporary import of goods, commercial and maritime arbitration, and international trade practices. Strengthen understanding and cooperation in banking, intellectual property, translation and publishing. 65438+1In June and September, 1992, a seminar on international trade practices and a seminar on bank documentary credit practices were held in China. The members of the Cooperation Committee are senior representatives of the International Chamber of Commerce and the China International Chamber of Commerce.