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 countrythe parentoperating 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 courts contentious jurisdiction) and (2)those requested by organs or specializedagencies of the United Nations(baesd on the Courts advisory jurisdiction).Immunity:二. Important content in chapter one 1.Historically, dealt with 3 kinds of international relationship：1.those between states and states;2.those between states and persons ;3.those between persons and persons.the rules and norms regulating the relationships between states (countries)2.public international law & private international lawThis law between nations is called public international lawWith growth of relationships between persons and corporations in different states, private international law developed to govern their conduct3.Most important IGO; the United Nations4.Comparison of Municipal Legal SystemsThree major legal system types are:(1)Romano-Germanic civil law(2)Anglo-American common law(3)Islamic law5. Goodwill and Civility Between States: ComityComity 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 acts.This 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 SystemsThree 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(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. 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 result of the defendants conduct(3)the plaintiff suffered an injury(4)the injury was caused by the defect(5) the defendant breached a duty of care to the plaintiff6. 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. Exercises1. 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 states 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: AD1. 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 states 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: AD2. 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 compensationB. State X should pay reasonable compensation C. State X should pay effective compensation D. State X should pay little compensationE. State X should pay adequate compensationAnswer: ACE3. 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 linkE. Failure to exhaust remediesAnswer: ABDE4. Under the doctrine of imputability, what kind of acts do states take responsibility to other states and private parties?A. Acts of officials of other statesB. Acts of their state officialsC. Acts of their own organs D. Acts of international organizationsE. Acts of insurrectionaries within their territoryAnswer: BC 5.Which 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: AD6.The 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 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 kindB. SatisfactionC. Compensatory damages D. Apology in government declarationAnswer: ABC7.Which 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 21D. Untied Nations Convention on the Law of the SeaAnswer: B8. 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 hadnt exhausted all remedies available to it in state 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 9.Which 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. inquiryAnswer: B10.What kinds of cases does the ICJ has jurisdiction to hear?A. Cases involving individualsB. Cases from organs and specialized agencies of the UN pursuant to its advisory jurisdiction.C. Cases of domestic affairsD. Disputes between states pursuant to its contentious jurisdiction. E. Cases involving other entitiesAnswer: BD11. Which of the following is not one of WTO agreements?A. the General Agreement on Tariffs and TradeB. World Charter for NatureC. the Agreement on Trade-related Aspects of Intellectual Property Rights D. the General Agreement on Trade in Service 12.An alien murdered a business man in the territory of state M, one of the local courts in state M delivered a judgment over this criminal case. Which of the following nexuses justify criminal jurisdiction of this municipal court:?A. Territoriality nexus B. Nationality nexus C. Protective nexus D. Universality nexusAnswer: A13. S is a national in state T, he murdered a business man in the territory of state E, one of the local courts in state T delivered a judgment over this criminal case. Which of the following nexuses justify criminal jurisdiction of this municipal court?A. Territorial nexus B. Protective nexus C. Nationality nexus D. Universality nexusAnswer: C14.Two businessmen from different states fought with each other in negotiation of a transaction and caused injury. For this tort cases, which are the specific factors the judge should consider?A. Place of injuryB. Place of the actC. Nationality, domicile, residence of the partiesD. Result of the negotiation Answer: ABC15. In deciding which laws to apply to a dispute, what methods will a municipal court use?A. If the parties agree to application of the laws of a certain state, that law will apply.B. If no agreement on choice of law, the court will follow statutory dictatesC. If no agreement on choice of law, the court will determine which state has the most significant relationship with the disputeD. If no agreement on choice of law, the court will see which state has the greatest interest in the outcome.E. If no agreement on choice of law, the court can use any law.Answer: ABCD16.Which of the following statements is true?A. Diplomacy is a form of international dispute settlement that uses negotiation, mediation, military interference or inquiry.B. International Court of Justice has power to hear cases involving individuals. C. The DSU encourages states to resolve disputes through mediation. D. An ICSID tribunal must have jurisdiction over either the parties or over the subject matter of the dispute.Answer: A17. Which of the following statements is true?A. Mediation is the process of reaching an agreement by discussion. It may be done through diplomatic authorities, commissions, or at a summit conference. B. The purpose of International Center for the Settlement of Investment Disputes is to encourage private investment in developed countries. C. The act of a government within the boundaries of its own territory is not subject to scrutiny in a foreign court. D. The jurisdiction of a national court in civil cases is based upon both in personam and in rem principles. Answer: C 18. rine of forum non convenience, the litigants home country may also dismiss the case by way of an anti-suit injunction. C. Using Most SignificWhich of the following statements is true?A. A municipal court can hear a dispute based on an act of a government even if to do so would interfere with the forum states foreign policy.B. While a foreign court may dismiss a case using the doctant Relationship doctrine to choose the Governing Law for real property cases, Location of the property should not be considered.D. All states will get a foreign judgment recognized so that it may be enforced, even if the foreign court rendering the judgment doesnt have had proper jurisdiction. Answer: B19. Which of the following is not one of the theories commonly relied upon requiring manufacturers to take product liability?A. breach of contractB. negligenceC. strict liability D. lake of technology to guarantee security Answer：D20. Julie bought a color TV made in Country X, and the TV bombed three months later. Julie got injuries, and she sued the manufacturer for negligence. What does she must prove when imposing product liability on the defendant? A. the existence of d defectB. the defect was the result of the defendants conductC. the plaintiff suffered an injuryD. the injury was caused by the defectE. the defendant breached a duty of care to the plaintiffAnswer：ABCDE21. Which of the following is not one of the forms of security?A. certificated security B. bearer security C. registered security D. uncertificated security Answer: D22.What kinds of facilities do regular IMF facilities include?A. reserve tranche B. compensatory financing facilityC. credit trancheD. extended fund facilityE. standby arrangementsAnswer: ACDE23. What facility does the IMF provides for its member states? A. bridging loansB. regular facilitiesC. concessional facilityD. special facilitiesAnswer: BCD24. What are the main principals of GATT 1947? A. most-favored-nation status B. the contracting states should respect the sovereignty of each otherC. national treatment principalD. the trade tariffs of contracting states should be reducedE. the trade regulations of contracting states should be transparentAnswer: ACE25. Polly wrote a fairytale, she has the right to make copies of the work with irrespective of the method or number. What is this right called? A. the right of broadcasting B. the right of reproductionC. the right of exhibition D. the right of distribution Answer: B26. Which kind of works is not protected by copyright? A. art worksB. science works C. music worksD. works without actual forms Answer: D27. Which patents are granted for the invention of a new and useful process, machine, article of manufacture, or composition of matter? A. utility patents B. plant patents C. design patents D. Animal patents Answer: A28. With the coming into force of the TRIPS Agreement on January 1, 1995, what is the minimum term of protection for patents had been set for WTO member states?A. 10 years B. 20 years C. 30 years D. 50 yearsAnswer: B29. What does the “distinctiveness” of a trademark mean? A. the trademark is similar with another of the same category of products B. people can not distinguish the product o