Мажорина М.В. Место права международной торговли в системе регулирования международных торговых отношений

Аннотация: From the legal point of view, international trade phenomena is conditioned by the composite nature. It joints public and private law that leads to complexity in legal and normative regulation. It is possible to classify two ways of international trade relations depending on public or private issue: international trade relations – official relations between international subjects of law like commonwealth, international organizations, integration organizations; transnational trade relations – private law relations between natural persons and juridical persons of the world countries. The most common form of the transnational trade relations is foreign trade agreement. However, the backbone factors for all relations in international trade are their trade substance and transnational nature. The entire system of international trade relations is normative regulation object. Taking in to account quasi-legal (non-legal) regulation methods the modern legal tolls is very developed. Up to our vision, the diversity of norms that regulate international and transnational trade relations could be united in to International trade normative system. Therefore the structure of international trade normative system should consist of: legal norms belonging to different system and branches; non-legal norms, regulating international trade relations – lex mercatoria norms. It is necessary to define the place of international trade law in international trade normative system. There are plenty of terms in native legal science competing against meaning of international trade law. That definitely leads either to object regulation splitting or backwards to their overlapping. Like that, there could be certain scientific mess. It seems that the meaning of international trade law as the sub-branch of international private law is the most proper one. The doctrine widely discussed in foreign juristic literature says that an international commercial contract is the subject of specific normative system – transnational commercial law or modern lex mercatoria. International trade law and lex mercatoria comparison shows common properties as well as their significant difference. Firstly, the common nature is based on regulation impact and secondly on regulation subject itself as transnational trade relations. Nevertheless, international trade law has definitely got public feature. In general lex mercatoria is deprived of such a public law function. It is fairly aimed on developing optimal conditions to regulate the relations. The root-cause difference is hidden in wide spectrum of sources, their legal and non-legal nature which is conditioned by the way of creation. In spite of similarity and differences, it is not really correct to state concurrence between international trade law and lex mercatoria or even ousting one by another terms. To our comprehension, both of those terms and phenomena play important role in international trade normative system. Any of them performs personal functions, using own instruments. In the end, both of these terms are aimed on regulation of transnational relations.

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Abstract: From the legal point of view, international trade phenomena is conditioned by the composite nature. It joints public and private law that leads to complexity in legal and normative regulation. It is possible to classify two ways of international trade relations depending on public or private issue: international trade relations – official relations between international subjects of law like commonwealth, international organizations, integration organizations; transnational trade relations – private law relations between natural persons and juridical persons of the world countries. The most common form of the transnational trade relations is foreign trade agreement. However, the backbone factors for all relations in international trade are their trade substance and transnational nature. The entire system of international trade relations is normative regulation object. Taking in to account quasi-legal (non-legal) regulation methods the modern legal tolls is very developed. Up to our vision, the diversity of norms that regulate international and transnational trade relations could be united in to International trade normative system. Therefore the structure of international trade normative system should consist of: legal norms belonging to different system and branches; non-legal norms, regulating international trade relations – lex mercatoria norms. It is necessary to define the place of international trade law in international trade normative system. There are plenty of terms in native legal science competing against meaning of international trade law. That definitely leads either to object regulation splitting or backwards to their overlapping. Like that, there could be certain scientific mess. It seems that the meaning of international trade law as the sub-branch of international private law is the most proper one. The doctrine widely discussed in foreign juristic literature says that an international commercial contract is the subject of specific normative system – transnational commercial law or modern lex mercatoria. International trade law and lex mercatoria comparison shows common properties as well as their significant difference. Firstly, the common nature is based on regulation impact and secondly on regulation subject itself as transnational trade relations. Nevertheless, international trade law has definitely got public feature. In general lex mercatoria is deprived of such a public law function. It is fairly aimed on developing optimal conditions to regulate the relations. The root-cause difference is hidden in wide spectrum of sources, their legal and non-legal nature which is conditioned by the way of creation. In spite of similarity and differences, it is not really correct to state concurrence between international trade law and lex mercatoria or even ousting one by another terms. To our comprehension, both of those terms and phenomena play important role in international trade normative system. Any of them performs personal functions, using own instruments. In the end, both of these terms are aimed on regulation of transnational relations.

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