Incoterms 2010:自由穿梭于国际贸易与运输之间的新规则

Incoterms 2010:the new rules as flying shuttle between international trade and transportation

国际货物买卖合同与国际运输合同在法律属性上虽然各就其位,但一直"并驾齐驱"地实践着跨国货物的输出与输入的职责,而自由地穿行于两者之间的国际习惯法便是Incoterms 2010。租船订舱被视为买卖双方最重要的权利与义务之一,而新的货物风险转移标准与时俱进,无比折射着国际运输法则的理念。赋予Incoterms 2010术语在国内贸易与国际贸易领域同等的效力,再次印证了国际盛行的自由贸易区演变规律。鉴于THC费用的纷争错综复杂,借助传统的公法——班轮公会反托拉斯豁免制度干预私法领域,增加了Incoterms 2010保护交易的公平与秩序的砝码。

Although it is strongly recommended that the contract of international trade and that of transportation be in its legitimate proper place, in practice they keep pace with each other in order to fulfill their responsibilities in international trade. The latest edition of Ineoterms like flying shuttle, moves back and forth between international trade and transportation. Here booking note will be deemed not only as one of the most important right of the seller, but also as one that reserves the buyer＇s duty. Moreover, the new standard of risk transfer advances with the times reflecting the ideas of international rules of transportation, Consequently, it is necessary for the free trade zones in most countries to grant domestic trade the same rights as international trade. In view of the complication of THC, it is a powerful mean by traditional public law regarding antitrust immunity to increase its weight of fair business and order.