浙江工业大学 国际商法考试重点

1.Public international law: the law of nations resolved issues between two or more states, and the legal relationships between and among states.

2.Private international law: the laws that govern conduct between people and corporations from different states.

3.Diplomacy: the process of reconciling the parties to a disagreement by negotiation, mediation, or inquiry.

4.Mediation: Mediation involves the use of a third party who transmits and interprets the proposals of the principle parties and sometimes advances independent proposals.

5.Inquiry: a process used to determine a disputed fact or facts.

6.Limited liability company: A corporation owned by members that does not issue negotiable share certificates and is subject to minimal public disclosure laws.

7.Silent partnership: A secret relationship between two or more persons, one of whom carries on a business in his name alone without revealing the participation of the other who has limited personal liability.

8.Business trust:A business arrangement in which the owners of a property(the beneficiaries) transfer legal title to that property to a trustee who then manages it for them.

9.joint stock company:An unincorporated association of persons whose ownership interests are represented by transferable shares. The shareholders have unlimited personal liability.

10.Patent: 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.

11.Copyright:A copyright is title to certain pecuniary rights and, in most countries, certain moral rights for a specified period of time.

12.Preferred stock: Preferred stock entitles owners to a guaranteed divided, a priority at the time of liquidation, or some other preference over ordinary shareholders.

13.National treatment principle: the second manifestation of the principle of nondiscrimination that appears in GATT.Once foreign trade good goods were imported into one contracting state from another，the foreign goods had to be treated the same way as domestic goods.

14.A Himalaya Clause: The clause that extends liability limits of the conventions to carriers’ employees, agents, and even independent contractors. It entitles them to claim the protection of the Hague or the Hague-Visby Rules.

15.Offer: A proposal addressed to specific persons indicating an intention by the offeror to be bound to the sale or purchase of particular goods for a price.

16.Acceptance: A statement or conduct by the offeree indicating assent that is communicated to the offeror.

17.A bill of lading: An instrument issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods.

1.The source of international law:

Article38(1) of the Statute of the ICJ lists the sources:

(a)international conventions, whether general or particular, establishing rules expressly recognized by the contesting states

(b)international custom, as evidence of a general practice accepted as law

(c)the general principles of law recognized by civilized nations

(d)subject to the provisions of Article 59, judicial decisions and the teaching of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

2.The carriers’ duties under a bill of lading:

(a) Making the ship seaworthy

(b) properly manning, equipping, and supplying the ship

(c) Making the holds, refrigerating, and cool chambers, and all other parts of the