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随着国际法与国际商务的交叉与融合,法律适用范围与适用对象、法律主体和法律效力均发生变化,从而形成国际商法。而国际商法目前滞后于国际商务发展的需要,体现在国际仲裁的约束力不能解决国际商务纠纷,部分国家遵循国内法优先原则、部分领域法律存在空白等一系列问题,亟待加以完善。
With the intersection and integration of international law and international business, the scope and applicable law of law, the subject of law and the legal effect have both changed, thus forming the international commercial law. However, the current international commercial law lags behind the needs of international business development. It is manifested in a series of issues such as the international commercial disputes that can not be resolved by international arbitration, some countries’ compliance with the priority principle of domestic law, and the blank of laws in some fields, which need to be improved urgently.