国际商法考点期末考试

商法考点

Chapter 1

1. International law is not really law since there is no worldwide legislature to enact it. F

2. Comity is not law because countries do not regard it as something they are required to respect. T

3. International law exists when there is a consensus of the international community. T

4. To establish the existence of a customary rule of international law, one must show that the international community has observed the rule for a long period of time. F

5. General principles of international law are based on legal rules that are common to both (or all) the state parties to a dispute. T

6. International tribunals generally regard states as having an obligation to bring their municipal law into compliance with international norms. T

7. A self-executing treaty is one that contains a provision that says the treaty will apply in the parties’ municipal cou rts once the parties have adopted domestic enabling legislation. F

8. Recognition of a government is usually made in a bilateral agreement. F

9. When a part of the territory of State X shifts and becomes part of the territory of State Y, the treaties made by State X continue to apply to that territory. F

10. An intergovernmental organization is a permanent organization set up by two or more states to carry on activities of common interest. T

11. State A disintegrates into States B and State C. The public property of State A located in State D becomes the property of D. F

12. Territorial sovereignty is the absolute and unqualified right of a state to exercise its functions within a territory. F

13. The phrase “United Nations System” refers to the rules of international law enacted by the General Assembly of the United Nations. F

14. The European Parliament must approve all of the international treaties that the European Union enters into. T

15. Traditionally, an individual’s rights under international law are only protected by his state of nationality. T

16. The Roman law was first codified in the Corpus Juris Civilis around the year 534 A.D. F

17. The name “common law” (as it is used in England) is derived from the theory that the king’s courts repre sented the common custom of the realm, as opposed to the local customary law practiced in the county and manorial courts. F

18. The Shari’a is primarily a moral and ethical code. F

19. Equitable remedies are available only when legal remedies are unavailable or inadequate.T

20. The German Civil Code of 1896 is noted for being precise and technical. T

Chapter 3

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

Negotiation is the process of reaching an agreement by discussion. T

Mediation is the use of a third party who transmits and interprets the proposals of the principal parties, and sometimes, advances independent proposals. T

Inquiries are a popular way to resolve disputes between states, with many thousands of