A Legal Study of “Soft Law” in Taiwan’s Legal system- with the focus on The Uniform Customs and Practice for Documentary Credits

• Main Authors: TSAO, YA-HSIANG, 曹雅緗
• Other Authors: LIN, HUAN
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/z4ykwe

碩士 === 東吳大學 === 法律學系 === 104 === Cross-border trade is the main stream of world-wide economy. Whether the exchange of any resources, or the precise estimate or calculate of any costs (including but not limited to the laborhood, capital, transportation, or techniques) in order to the cost-down and highest profits consideration, international trade is already the most popuplar business model all around the world without any doubts or hesitation. The global economic system is extremely close to each other ever than before, the best evidence is that more and more regional organizations and global organizations, such as World Trade Organization(WTO), Organization of Petroleum Exporting Countries(OPEC), Asia-Pacific Economic Cooperation(APEC), Organization for Economic Cooperation and Development(O.E.C.D.), European Union (EU) under the Maastricht Treaty, Association of South-East Asian Nations (ASEAN), are prosperously, aggressively set up and then unexpectedly developed. Our family land, Taiwan, as a sea-rounded island, located at the core position of the East-Asia, considering the limited resources, the political pressure and predicament, economic declination and depression, the only resolution of Taiwan’s better future is to keep up with the worldwide tide without any delay or standstill. As for international trade process, how to rapidly, conveniently fulfill the payment obligations, and how to proceed the cargo transportation is always the realistic issues in the ordinary course. Referring to the Letter of credit, acting as the payment mechanics, is Letter of credit part of the international law or coming from other law resources? Or it is solely a commercial product derived from the normal marketing operations? At first, to research the origin of soft law, secondly, to present the banking practice as to the origin and operation of the Uniform Customs and Practice for Documentary Credits. Thirdly, to analyze several Taiwan's, American court viewpoint(s) and make some briefs as to the status of the court's sight and to cite the American model laws or regulations such as Uniform Commercial Code as the reference. Through the research, analysis and comparison of the above topics , and broadly collect European and American scholars’ viewpoints as to the hierarchy of international law and to discuss the hierarchy of soft law to be the conclusion. Thus, provide some further thinking, give some insight into, and recommend the opportune application towards the hierarchy of soft law under international law to those who have dedicated in the area of The Uniform Customs and Practice for Documentary Credits, such as the court agency, governmental authority, law academy and/or banking and financial industry.