国际商法 复习重点

一

.

名

词解释

Insurance

is the contractual commitment by an insurer to indemnify an

insured against specific contingencies and perils.

A Free Trade Area (FTA)

consists of a group of states that have reduced

or

eliminated

tariffs

among

themselves

but

that

maintain

their

own

individual tariffs in dealing with other states.

A

patent

is ?a statutory privilege granted by the government to inventors,

and to others deriving their rights from the inventor, for a fixed period of

years,

to

exclude

other

persons

from

manufacturing,

using,

or

selling

a

patented product or from utilizing a patented method or process?.

Double taxation

is income earned in one country may be taxed a second

time in another country.

A

national

multinational

enterprise

consists

of

a

firm

in

one

country

—

the parent

—

operating in other countries through branches and

subsidiaries.

Product

liability

law

is

to

discourage

manufacturers

from

putting

defective

products

into

the

marketplace

by

requiring

them

to

assume

liability for the injuries their products cause.

jurisdiction

The

CIJ

has

the

jurisdiction

to

hear

two

kinds

of

cases:

(1)those between states (based on the court's contentious jurisdiction) and

(2)those

requested

by

organs

or

specializedagencies

of

the

United

Nations(baesd on the Court's advisory jurisdiction).

1

Immunity:

二

. Important content in chapter one

1.

Historically,

dealt

with

3

kinds

of

international

relationship

：

between

states

and

states;

between

states

and

persons

;

between

persons

and

rules

and

norms

regulating

the

relationships between states (countries)

international law & private international law

This law between nations is called

public international law

With

growth

of

relationships

between

persons

and

corporations

in

different

states,

private

international

law

developed

to

govern

their

conduct

important IGO

; the United Nations

ison of Municipal Legal Systems

Three major legal system types are:

(1)Romano- Germanic civil law

(2)Anglo-American common law

(3)Islamic law

2

5. Goodwill and Civility Between States: Comity

Comity

is

thus

an

informal

principle

that

nations

will

extend

certain

courtesies

to

other

nations

particularly

by

recognizing

the

validity

and

effect of their executive,legislative,and judicial principle is most

frequently invoked by courts,which will not act in a way that demeans the

jurisdiction,law,or judicial decisions of another country.

Comparison of Municipal Legal Systems

Three major legal system types are:

(1)Romano- Germanic civil law

(2)Anglo-American common law

(3)Islamic law

三

.

问答题

1.

List briefly the specific categories of sales not defined by CISG.

(1) goods bought for personal, family, or household use

3

(2)Auction sales

(3)

Sales on ?execution or otherwise by authority of law?

(4)Stocks, shares, investment securities, negotiable instruments, or money

(5)Ships, vessels, hovercraft, or aircraft

(6)Electricity.

2. What are the main principals of GATT 1947?

(1)Trade discrimination was forbidden.

Each

contracting

state

had

to

accord

the

same

trading

privileges

and

benefits to all other contracting states equally (most-favored-nation status)

Once foreign trade goods were imported into one contracting state

from

another,

the

foreign goods had to be treated

the same

way

as

domestic

goods.

(the National treatment principle) (

最惠国待遇原则

)

(2)Once

foreign

trade

goods

were

imported

into

one

contracting

state

from

another,

the

foreign

goods

had

to

be

treated

the

same

way

as

domestic

goods.

(the National treatment principle) (

国民待遇原则

)

(3)The trade regulations of contracting states should be

transparent(

透

明

)

, that is, published and available to other contracting states and their

nationals.

3.

List the sources of international law.

(1) International custom

(2) General principles of law recognized by civilized nations

(3)Judicial decisions and teachings of highly qualified legal writers

4

4. What are the remedies unique to buyers under CISG?

(1)to compel specific performance

(2)to avoid the contract for fundamental breach or nondelivery

(3)to reduce the price

(4)to refuse early delivery

(5)to refuse excess quantities.

5.

What a claimant must prove when imposing product liability on

the defendant because of the injuries caused by negligence?

(1)the existence of a defect

(2)the defect was the resu

lt of the defendant?s conduc

t

(3)the plaintiff suffered an injury

(4)the injury was caused by the defect

(5) the defendant breached a duty of care to the plaintiff

6. What kinds of works protected by copyright?

The

object

of

copyright

protection

is

a

work,

that

is,

an

intellectual

creation in the field of art, literature, music, or science.

7.

List briefly the basic function of WTO.

(1)

To implement, administer, and carry out the WTO Agreement and its

annexes;

(2)

To act as a forum for ongoing multilateral negotiations;

(3)

To serve as a tribunal for resolving disputes;

(4)

To review the trade policies and practices of member states.

5

Exercises

1.

which of the following is right?

A.

The

international

standard

of

care

is

favored

by

major

Western

countries,

which

provides

that

a

state

is

responsible

for

injuring

an

alien when the state?s conduct violates international norms.

B.

Both

a

person

and

a

company

can

file

a

complaint

in

the

International Court of Justice.

C.

International

tribunals

require

that

a

company

which

involved

in

the case has no link with its sponsoring state.

D.

Stockholm

Declaration

issued

in

1972

asserts

that

a

healthy

environment is a human right and that states have a responsibility not

to damage the environment of other states.

Answer: AD

1. which of the following is right?

A.

The

international

standard

of

care

is

favored

by

major

Western

countries,

which

provides

that

a

state

is

responsible

for

injuring

an

alien when the state?s conduct violates international norms.

B.

Both

a

person

and

a

company

can

file

a

complaint

in

the

International Court of Justice.

C.

International

tribunals

require

that

a

company

which

involved

in

the case has no link with its sponsoring state.

D.

Stockholm

Declaration

issued

in

1972

asserts

that

a

healthy

6

environment is a human right and that states have a responsibility not

to damage the environment of other states.

Answer: AD

2.

State

X

expropriated

a

multinational

enterprise

funded

by

some

aliens from state Y

, according to international business law, what kinds

of responsibilities should state X takes?

A. State X should pay prompt compensation

B. State X should pay reasonable compensation

C. State X should pay effective compensation

D. State X should pay little compensation

E. State X should pay adequate compensation

Answer: ACE

3. State A sued State B for the air pollution caused by State B. What

kinds

of

objections

state

B

may

raise

to

complaints

brought

against

them?

A. Lack of nationality

B. Lack of standing

C. Lake of notable damages

D. Lack of a genuine link

E. Failure to exhaust remedies

Answer: ABDE

4. Under the doctrine of imputability, what kind of acts do states take

7

responsibility to other states and private parties?

A.

Acts of officials of other states

B.

Acts of their state officials

C.

Acts of their own organs

D.

Acts of international organizations

E.

Acts of insurrectionaries within their territory

Answer: BC

of the following statements is right?

A.

Under the doctrine of imputability, a state is only responsible for

actions that are imputable or attributable to it.

B.

The

international

standard

of

care

is

a

doctrine

under

which

a

state must treat aliens the same way that it treats its own nationals.

C.

Calvo

Clause

is

a

clause

in

agreement

between

host

state

and

foreign

investor

that

says

that

the

investor

can

seek

diplomatic

assistance of its home state in dispute with host state.

D.

The

International

Atomic

Energy

Agency

supervises

nuclear

waste

and

oversees

compliance

with

the

1968

Treaty

on

the

Non-Proliferation of Nuclear Weapons.

Answer:

AD

Smile

Co.

is

a

large

multinational

firm

incorporated

and

headquartered

in

Country

F.

In

2012,

Country

F

expropriated

this

company

but

the

compensation

only

covered

less

than

1/10

of

all

8

assets and installations. The Smile Co. seeked help from its home state.

The

home

state

sued

Country

F

in

an

international

tribunal,

and

Country F lost the case. What Relief can be obtained from Country F

for injuring?

A.

Restitution in kind

B.

Satisfaction

C.

Compensatory damages

D.

Apology in government declaration

Answer: ABC

of

the

following

represents

the

document

asserts

that

a

healthy

environment

is

a

human

right

and

that

states

have

a

responsibility not to damage the environment of other states?

A. Rio Declaration

B. Stockholm Declaration

C. Agenda 21

D. Untied Nations Convention on the Law of the Sea

Answer: B

8.

A

multinational

enterprise

got

injury

in

a

foreign

state

B.

Under

what

circumstance

does

this

company

can

not

seek

the

help

of

its

home state to being a complaint against state B?

A. There is no adequate remedy available in state B

B. The company hadn?t exhausted all reme

dies available to it in state

9

C.

The

requirement

of

exhausted

all

remedies

is

waived

by

their

bilateral treaty between the home state and state B.

D. state B caused the injury directly

Answer: B

of

the

following

is

not

a

method

in

international

dispute

settlement used in the form of diplomacy?

A. negotiation

B. military interference

C. mediation

D. inquiry

Answer:

B

kinds of cases does the ICJ has jurisdiction to hear?

A. Cases involving individuals

B. Cases from organs and specialized agencies of the UN pursuant to

its advisory jurisdiction.

C. Cases of domestic affairs

D. Disputes between states pursuant to its contentious jurisdiction.

E.

Cases involving

other entities

Answer: BD

11.

Which of the following is not one of WTO agreements?

A. the General Agreement on Tariffs and Trade

B. World Charter for Nature

10