摘要:本文是一篇关于海关法的国际观加拿大作业,今天的全球化盛行现象几乎不可阻挡,导致了国际贸易指数增长,跨境贸易便利化对于全球经济的运作也是同样至关重要的。海关机构被委以保护边境的重任,因此不能够离开国际法的规则而孤立地工作,并在国际上应该注意其政府的义务。
鉴于上述,海关活动的统一已经成为全球贸易便利化以及确保每个国家的国际义务的关键。
海关法的国际观
引言
今天的全球化盛行现象几乎不可阻挡,导致了国际贸易指数增长,跨境贸易便利化对于全球经济的运作也是同样至关重要的。海关机构被委以保护边境的重任,因此不能够离开国际法的规则而孤立地工作,并在国际上应该注意其政府的义务。
鉴于上述,海关活动的统一已经成为全球贸易便利化以及确保每个国家的国际义务的关键。因此,在阐明国际法适用于海关监督管理机构时,意识到它不是公认的纪律是理解的关键。因此, 为了理解国际海关法律的法律含义,就需要适当理解国际法本身的制定。
国际法律的子项对边境保护活动的影响是多样的,引用国际海关法律,学习指南,p4堪培拉:海关和税务研究中心,堪培拉大学,和图1.1中描绘的那样。如上的国际海关法律本身并没有一组特殊的规则制定。
An International Perspective On Customs Law International Law
Essay
Introduction
The virtually unstoppable Globalization phenomena that prevails today, has lead to exponential growth of International Trade, and as such trading across borders and facilitation of the same is critical to the functioning of the global economy. Customs Agencies who are entrusted with border protection hence are not in a position to function in isolation without relating to the rules of international law, and should be mindful of its government’s obligations internationally.
Given the above, unification of customs activity globally has become critical to trade facilitation and ensuring international obligations of every state. Hence, in elucidating the International Law as it applies to customs as a regulatory authority, it is critical to understand that it is not a recognized discipline. Therefore, it is pertinent to understand the formulation of International Law itself in order to understand the legal implications of International Customs Law.
Subsets of International Law which impact the border protection activity is diverse and as such are depicted in the diagram 1.1 as cited in International Customs Law, Study Guide, p4. Canberra: Centre for Customs and Excise Studies, University of Canberra.
Diagram 1.1 – Subsets of International Law
As evident from above International Customs Law by itself does not have a specific set of formulated rules. Hence the application of law towards settlement of International disputes as depicted under Article 38 of the statute of the International Court of Justice which stipulates the sources of Law for its determinations needs to be looked at, and is given below in Diagram 1.2.
Given the above, it is clear that unification of customs activity and legal obligations of the same across the globe by states should be centered primarily around a collection of treaties, resolutions, and recommendations etc which has been adopted by various countries’ border protection agencies with a view to facilitate trade across borders as a primary objective, keeping in mind that majority of those countries are still dependent on tariff collected by customs as a large component of government revenue.
Organizations central to these unifications efforts are the World Customs Organization (WCO) and the World Trade Organization (WTO) whose conventions and agreements have become the cornerstone to evolution of Customs Law as a discipline.
The ongoing brief will discuss the evolution of International Law with emphasis on Customs or Border Protection where international customs law has evolved through coagulation of various treaties, conventions and recommendations under the preview of the World Customs Organization (WCO) and the World Trade Organization (WTO) and legal implications arising therein keeping in mind
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