Since the 19th century, with the emergence of the capitalist mode of production and the development of the modern commodity economy, "the need to continuously expand product sales has driven the bourgeoisie to travel around the world" to find markets for their products. At the same time, in order to ensure the monopoly status of their own technologies and products, many countries have established intellectual property systems such as patents, trademarks, and copyrights. During this period, in order to avoid the inconvenience caused to international commercial exchanges due to different legal provisions in different countries, countries also began to seek common development when formulating their own norms to resolve conflicts of laws in different countries. Conflicting internationally unified substantive norms, that is, norms contained in international bilateral and multilateral treaties. For example, Britain and France signed the Cobden Treaty in 1860, which provided for each other's most-favored-nation status and the reduction or exemption of tariffs on important commodities; some countries also concluded the Paris Convention for the Protection of Industrial Property (1883), the Protection of Literature Berne Convention on Artistic Works (1886), Madrid Agreement on the International Registration of Marks (1891), etc. Many of the norms contained in these international bilateral and multilateral treaties were developed from merchant customary law. When the world entered the 20th century, with the emergence of international organizations dedicated to coordinating international political and economic relations, the previously chaotic customary laws of merchants were codified by these international organizations and began to take on a written form, such as in international commercial transactions. The "Incoterms" (hereinafter referred to as "Incoterms"), the "Uniform Customs and Practice for Documentary Credits" (UCP, hereinafter referred to as "Unified Customs and Practice"), the "Uniform Customs and Practice for Documentary Credits" (UCP, hereinafter referred to as "Unified Customs and Practice"), which are generally applicable and recognized as international practices, and the "Warsaw The Oxford Rules are codified by international organizations such as the International Chamber of Commerce and the International Law Association.
After World War II, with the rapid development of science, technology, transportation, communications and the advent of electronic computers, multinational companies entered the world economic stage, followed by unprecedented development of capital export and technology trade. Especially since the 1960s, its growth rate has greatly exceeded that of tangible goods trade. In line with this, general practices related to international investment, technology trade and their management have gradually become habitual practices of certain countries and enterprises through repeated practice, and are also adopted by more and more countries. Follow suit. Many of these practices have been or are being transformed into international practices.
By briefly reviewing the history of the formation and development of international practices, we can draw the following conclusions:
1. International practices are rooted in the practice of international exchanges and are gradually developed through long-term repeated practice. A customary practice or general practice in a particular field.
2. The above practices or general practices have been developed within the scope permitted by the laws of various countries. After compilation by relevant international organizations, these customary practices have been expressed in a systematic and orderly manner, which greatly facilitates their application by parties involved in international exchanges.
3. International practices are not static. With the development of science and technology and social progress, original practices are constantly being improved, and new practices emerge from frequent international exchanges.