国际商法英文案例与练习答案

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国际商事合同法英文案例及答案

国际商事合同法英文案例及答案In a recent international business contract law case, two companies, one from the United States and the other from China, found themselves in a dispute over the terms of a contract for the supply of raw materials. The American company alleged that the Chinese company had failed to deliver the agreed-upon quantity of materials, while the Chinese company argued that the American company had not fulfilled their payment obligations in a timely manner. 在最近的一起国际商事合同法案例中，美国一家公司和中国另一家公司因供应原材料合同条款发生争端。

美国公司声称中国公司未能按约交付约定数量的材料，而中国公司则称美国公司未能及时履行付款义务。

Upon careful review of the contract terms, it became apparent that there were ambiguities in the language used to describe the quantity and quality of the raw materials to be supplied. The lack of specificity in the contract language had led to misunderstandings between the two parties, ultimately resulting in the failure of the contract. 经过仔细审查合同条款，显而易见的是，合同中描述供应原材料的数量和质量的语言存在歧义。

国际商法教学案例(英文选编)粉皮书案例中英答案汇总

P279 Lucy et al v. Zehmer et al1：回答是否定的，判决结果不一定对他不利。

结合本案，如果事实能证明被告Zelmer喝酒喝得烂醉，不能控制自己的行为，不明白自己所签署的文书所带来的法律后果，以致于失去理解协议内容的能力，那么Zehmer也就丧失了民事行为能力。

此时他签署的合同应是无效的或是可撤销的，则判决将倾向于对他有利。

但本案中双方醉酒之程度尚不致剥夺自由行使意思能力，故契约实已成立，原告应履行交付土地义务，以维护交易公平。

1: The answer is no, the ruling does not necessarily against him. Combination of the case, if the facts can prove that the defendant Zelmer drinking drunk, can not control their own behavior, do not understand their own instruments signed by the legal consequences, resulting in the loss of the ability to understand the agreement, it also lost the Zehmer capacity for civil conduct. At this time he signed the contract should be null and void or voidable, then the decision will tend in his favor. But the present case, the two sides of the level of drunkenness was not caused by deprivation of liberty and the ability to put the point, it really has set up a contract, the plaintiff should fulfill the obligation to deliver the land to maintain a fair deal.2：被告先后签署了两份协议使判决结果向原告倾斜，因为这种行为表明了Zehmer 慎重行事及明白自己在干什么。

国际商法案例及答案

一、国际货物买卖合同成立的案例1、德国建筑商A于1993年8月底与美国生产商B联系，要求叛国生产商B向其报4万吨钢缆的价格，并明确告诉美国生产商B，此次报价是为了计算向某项工程的投标，投标将于同年10月1日开始进行，10月10日便函可得知投标结果。

同年9月10日，美国生产商B向德国建筑商A发出正式要约，要约中条件完整，但要约中既没有规定承诺期限，也没有注明要约是不可撤销的。

同年9月中旬起，国际市场钢缆的价格猛涨，在此种情况下，美国生产商B于10月2日向德国建筑商A发出撤销其9月10日要约的传真。

同年10月10日，当德国建筑商A得知自己已中标的消息后，仍立即向美国生产商B发去传真，对9月10日的要约表示承诺。

此后，美国生产商B认为他已于10月2日撤销了要约，因此合同不能成立。

双方就合同是否有效成立发生了纠纷。

问：根据公约的规定，德国建筑商A与美国生产商B之间的买卖钢缆的合同是否有效成立？【分析】成立，因为此桩买卖合同是否成立，关键在于美国生产商B在10月2日的要约撤销是否有效。

《联合国国际货物买卖合同公约》第16条对要约的撤销作出了具体的规定。

公约规定的一般原则是：要约对要约人不具有约束力，即在合同成立之前（对方有效承诺之前），要约人可以撤销要约，但撤销要约的通知应于受要约人发出承诺通知之前到达受要约人。

然而，应特别注意的是，公约在规定了上述一般原则的基础上，同时又规定了在两种情况下是不可撤销的：一种是要约中载明了承诺的期限，或以其他方式表示该要约是不可撤销的；二是受要约人有理由相信该要约是不可撤销的并已本着此项信赖行事。

本案情况显然属于上述两种特别情况的后者，即受要约人对要约“有理由信赖”并已按要约“行事”。

本案中，德国建筑商A之所以请美国生产商B报4万吨钢缆的价格，其目的是为了根据美国生产商B的报价通过周密计算之后向某项工程进行投标。

也就是说，美国生产商B在9月10日的要约（报价），将构成德国建筑商A投标的一个组成部分。

英文国际商法练习题答案

英文国际商法练习题答案International Business Law Practice Questions and AnswersInternational business law is an important aspect of global commerce, and understanding its principles and practices is essential for businesses operating across borders. In this article, we will explore some practice questions and provide answers to help you deepen your understanding of international business law.1. What is the difference between a treaty and a custom in international law? Answer: A treaty is a formal agreement between two or more sovereign states, while a custom is a general practice that has been accepted as law. Treaties are binding on the parties that have signed them, while customs are binding on all states as a matter of general international law.2. What is the principle of comity in international business law?Answer: The principle of comity is a legal doctrine that encourages courts to defer to the laws and decisions of other countries out of respect for their sovereignty. This principle is important in international business law as it helps to promote cooperation and mutual respect among different legal systems.3. What are the main sources of international business law?Answer: The main sources of international business law include treaties, customs, general principles of law, and decisions of international courts and tribunals. These sources help to create a framework for regulating international business transactions and resolving disputes between parties from different countries.4. How does the principle of forum non conveniens apply in international business law?Answer: The principle of forum non conveniens allows a court to decline jurisdiction over a case if it determines that another forum would be more appropriate for resolving the dispute. This principle is often invoked in international business law cases where the parties are from different countries and there are competing interests in different legal systems.5. What is the role of the International Chamber of Commerce (ICC) in international business law?Answer: The ICC is a global business organization that provides a forum for businesses and governments to discuss and develop international business law and practices. It also administers the ICC International Court of Arbitration, which is a leading institution for the resolution of international commercial disputes.In conclusion, international business law is a complex and dynamic field that requires a deep understanding of its principles and practices. By exploring practice questions and answers like the ones provided in this article, businesses can gain valuable insights into the legal framework that governs their international transactions and relationships.。

英语国际商法试题及答案解析

25. 名词解释：a bill of lading 正确答案： A bill of lading I san instrument issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods.
本题解析：暂无解析
18. _______ at all is worth doing well.
A.Whatever is worth doing B.That is worth doing C.What is worth doing it D.Whatever is worth doing it ABCD 正确答案： A
A.a partial B.a changeable C.an original D.an individual ABCD 正确答案： A
本题解析：
A 不完全的、部分的 B 易变的、可变的 C 原先的、最初的 D 个人的、个别的
16. On average about ￡ 5000 a year is spent on each private school pupil,_______ the amount spent on state school pupils.
22. 名词解释：copyright 正确答案： A copyright is title to certain pecuniary rights and, in most countries, certain moral rights for a specified period of time.
A.lived in B.to live in C.lived D.to live ABCD 正确答案： B

国际商法英文案例与练习答案

英文案例与练习答案第一章导论一、M ajor Differences between Common and Statute Law1、Official codified text官方汇编成法典的文本2、official codified text官方汇编成法典的文本3、actual cases现行案例4、somewhat insulated from political pressures多少与政治压力隔绝二、Major Differences between Law and Equity1、Rules of law法治，法律规则2、tempered by discretion自行裁决调节的3、court of conscience（凭良心判案的法院）4、contempt proceedings藐视法院程序三、Major Differences between Civil and Criminal Law1、offences违法行为2、Preponderance of the Evidence证据为重（占优势3、Beyond a reasonable doubt无可置疑原则四、The Federal and State Court System1、General Trial Courts普通案件审判法院2、Limited Jurisdiction有限管辖权第二章商事组织法New words and expressions of Jayal Motors Balance Sheet(1)sources of funds资金来源 (2)share capital股份资本，股本 (3)authorized capital授权资本(4)5，400 ordinary shares of 100 utiles（虚拟货币单位），5400股普通股，每股为面额 100 utile(5)600 10% debentures of 100 utiles ，600股公司债，面额为100 utile，年利率为10%(6)issued and fully paid（in）发行和全部实缴资本 (7)revenue reserves收入（营业）盈余（存储）(8)add net profit（加上）净利润 (9)less drawings（减去）提款 (10)retained profit留存利润(11)long-term liability长期负债 (12)current liability流动负债 (13)creditor债权人（欠别人的款）(14)employment of funds资金利用 (15)fixed assets固定资产 (16)motor vehicles机动车辆(17)current assets流动资产 (18)stock库存 (19)debtors债务人（别人欠的款）(20)bank money银行存款 (21)cash in hand持有现金 (22)cost价值 (23)accumulated depreciation累积折旧 (24)net book value帐面净值Answer the questions about Jayal Motors’ balance sheet。

国际商法答案

《国际商法》实训案例1、（FOB风险转移）A（卖方）和B（买方）两个公司签订了一份购买成套设备的合同，FOB伦敦（在伦敦船上交货），买方B与C（船方）签订了货运合同。

卖方按照买方的指示将设备运到伦敦港，C在使用船上吊杆把成套设备从A的船上往C船上运时，吊杆折断，造成货损，此时货物尚未越过船舷，风险并未转移给买方，卖方须承担损失，由卖方A向负责装卸的船方C提出索赔。

因此，以船舷为界原则，如货物在装船时脱钩入海，则由于货物没有越过船舷其风险由买方承担，但只要货物越过船舷，如货物掉在C的甲板上导致货损，则风险由买方承担。

2、FOB运输途中的风险承担案例：某公司以FOB条件向境外出售一级大米300吨，装船时经公证人检验，货物符合合同规定的品质要求，卖方在货物装船后及时发出装船通知，但由于运输途中海浪过大，大米被海水浸泡，当货物到达目的港后，只能按三级大米的价格出售，故买方要求买方赔偿大米质量下降造成的差价损失。

问题：卖方是否对该项损失负责，为什么？评析：根据《国际贸易术语解释通则》的规定，FOB、CIF或CFR术语中，卖方只承担货物在装运港越过船舷之前的风险，货物越过船舷之后的风险由买方承担，而本案中，货物的风险发生在海上运输途中，因此，属于在装运港越过船舷之后的风险，故该差价损失应该由买方承担。

3、CFR贸易术语下的卖方装船通知义务案例：德国某公司与我国某公司签订一份CFR合同，由德国公司向我国公司出口化工原料。

合同规定：德国公司在2005年4月交货。

德国公司按合同规定时间交货后，载货船于当天起航驶往目的港青岛。

5月10日，德国公司向我公司发出传真，通知货已装船。

我公司于当天向保险公司投保。

但货到目的港后，经我公司检验发现，货物于5月8日在海上运输途中已经发生损失。

问题：上述期间发生的损失由哪一方承担？评析：在CFR术语中，卖方负有在货物装船后给与买方货物已装船的充分通知。

该义务直接关系到买方能否及时就运输的货物投保海上运输保险。

国际商法教学案例答案（一）

灰皮书参考答案之一：Anderson Hay原告: Anderson Hay & Grain Co.被告：Dunn & Welch１．案情：Lincoln Management掌握所有Ruidoso Race Track的经营项目，并将食品部分分许可给Welch（We lch在该分许可合同中作为合同一方独自签订该合同）-------Dunn为Welch该合同提供担保，并与之签订书面合同．合同约定，Dunn享有保管会计记录等权利，并对Ruidoso Downs Feed Concession 的帐户享有支票签名，支取存款的权利．-------------原告基于对＂合伙人＂Dunn的信赖，与之签订合同.当合同履行失败后，原告以追还欠款为由，将被告起诉至法庭．----上诉法院将案件发回初审法院重审，并要求初审法院将Dunn与Welch同时列为被告．------一审法院支持原告对Welch的权利主张，但驳回对Dunn的诉讼请求．遂原告提起上诉．２．法官Tackett: 本案的关键在于对Dunn是否为Ruidoso Down Feed Concession合伙人的认定．从被告Dunn和Welch的公众行为判断，两者为合伙人．根据《美国统一合伙法》，当一个人通过口头或书面或为某种行为的方式，代表他本人或同意由他人代表自己时，无论他是否是现存合伙组织的合伙人，或与一人或多人不存在合伙关系，他将对该代表行为向被代表人及相对人，即基于对该代表行为的信任而为某种行为的人，负责任．当产生合伙人责任时，他将被视为合伙人，并承担一个真正合伙人所应承担的责任．在本案中，Dunn通过他的行为及其他言语等其他表达方式，为证明他是Welch的合伙人提供了实质性的证据．与此相比，Dunn与We lch是否有建立合伙关系的初衷，或者说他们是否意识到其双方之间存在合伙关系已经不再重要．在本案中，如果Dunn不想作为合伙人，或者想避免被视为合伙人的情况发生，他不应该让自己与Welch 以及Ruidoso Downs Feed Concession有过于密切的干系．实际情况中，Dunn非但没有尽量避免这种现象发生，反之，他以行为默示其合伙人的身份及地位．例如，当某支付款项到期时，原告打电话给Dunn请求付款，Dunn表示同意支付．通过种种与此类似的情节表明，Dunn应当是责任合伙人．此论断的依据在于Dunn的行为足以让一个理智的，谨慎的相对人有充分理由相信其为真正合伙人的事实．法律上对此称之为＂不容否认的合伙人" (或者"禁止反言合伙")．该种合伙成立的要件为：首先，相对人的信任以及其基于此信任而为的任何行为是建立在合伙人的表述基础之上的；其次，被主张为合伙人的一方必须以公开的方式表明其为合伙人，或者同意他人以该种方式作此表示．但是，该种表示不以直接向特定相对人做出为要件．据此，Dunn被认定为具有合伙人身份．对于本案例，我本人对其审判依据，以及审判结果没有不同意见．以行为特征而判定其具有合伙关系的标准在美国已经通过法律予以认可．所以，在本案中，只要Dunn的行为符合了法定的认定合伙关系的标准，即，足以让一个理智的，谨慎的相对人有充分理由相信其为真正合伙人的事实，那么，该行为人即可被视为人，与此同时，该种关系被视为合伙关系．３．根据中国《合伙企业法》，合伙关系的确立必需以合伙人所签订的书面合同为要件．从这个角度上分析，本案被告之间不存在合伙关系, 因为他们之间没有书面合伙合同．然而，在实践中存在大量认定该种无书面合同的各方为合伙人的判例，他们被称之为＂事实合伙人＂．该种判例的表明了社会以及司法部门对此类现象的一种新的态度．然而，这种现象的产生不无法律依据. 根据我国《民法通则》以及最高人民法院若干问题的意见,当事人之间没有书面合伙协议，又未经工商行政管理部门核准登记，但具备合伙的其他条件，又有两个以上无利害关系人证明有口头合伙协议的，人民法院可以认定为合伙关系。

国际商法试题及答案英语

国际商法试题及答案英语一、选择题（每题2分，共20分）1. 根据《联合国国际货物销售合同公约》（CISG），卖方的基本义务是：A. 提供货物B. 支付货物运输费用C. 保证货物质量D. 办理货物出口手续答案：A2. 国际商事仲裁与国内仲裁的主要区别在于：A. 仲裁程序B. 仲裁地点C. 适用法律D. 仲裁裁决的执行答案：C3. 以下哪项不是国际商事合同中常见的条款？A. 价格条款B. 质量条款C. 交货条款D. 利润分配条款答案：D4. 在国际贸易中，信用证是一种：A. 支付方式B. 保险单C. 运输文件D. 合同答案：A5. 根据国际贸易术语解释通则（Incoterms），FOB（Free On Board）条款下，卖方的责任是：A. 货物运输到买方指定的港口B. 货物装上船并承担所有费用C. 货物装上船并承担运输费用D. 货物装上船并承担货物运输费用答案：B6. 国际商事合同的解除通常基于：A. 合同双方的同意B. 合同一方的违约C. 合同一方的破产D. 合同一方的死亡答案：B7. 国际商事合同中，不可抗力条款的主要作用是：A. 规定合同的解除条件B. 规定合同的履行期限C. 规定合同的违约责任D. 规定合同的支付方式答案：A8. 在国际贸易中，代理关系中代理人的义务包括：A. 代表委托人签订合同B. 代表委托人支付货款C. 代表委托人承担违约责任D. 代表委托人进行诉讼答案：A9. 国际商事合同中，最常用的解决争议的方式是：A. 诉讼B. 仲裁C. 调解D. 协商答案：B10. 国际商事合同中，保证条款通常用于：A. 确保合同的履行B. 确保合同的保密性C. 确保合同的合法性D. 确保合同的可执行性答案：A二、简答题（每题10分，共20分）1. 简述国际商事合同中的风险转移原则。

答案：风险转移原则是指在国际货物销售合同中，货物的风险从卖方转移到买方的时间点。

根据CISG第66条，风险转移通常与货物的交付同时发生。

国际商法课后习题

一．Goliath，Inc，a U.S. producer of gem-quality sapphires，set up a subsidiary holding company in the Cayman Islands（Junior，Ltd）to control all of Goliath’s non-U.S. subsidiary. Junior then entered into a cartel agreement with producers of sapphires in those countries（other than the united states）where sapphires are found. The cartel agreement allocated markets and set prices for all sapphires sold outside of united states. The U.S. government has now brought suit against both Goliath and Junior for violating the U.S. Sherman Antitrust Act . Goliath answers that it was not a party to the cartel agreement and that the agreement does not affect the U.S. market for sapphires. Junior answers that it was not subject to the jurisdiction of the U.S. courts.答：Goliath和Junior 的说法是不正确的。

谢尔曼法(Sherman Antitrust Act)是1890年，美国国会制定的第一部反托拉斯法，也是美国历史上第一个授权联邦政府控制、干预经济的法案。

国际商法英语试题及答案

国际商法英语试题及答案一、选择题（每题2分，共20分）1. Which of the following is not a characteristic of international trade law?A. UniversalityB. VoluntarinessC. FlexibilityD. Inflexibility答案：D2. The principle of "freedom of contract" in international trade primarily means:A. The parties are free to choose the applicable law.B. The parties are free to choose the form of the contract.C. The parties are free to determine the content of the contract.D. The parties are free to decide the place of performance. 答案：C3. In international trade, which of the following is not considered a documentary credit instrument?A. Letter of creditB. Bill of exchangeC. Promissory noteD. Draft答案：C4. The Incoterms rules are used to:A. Define the obligations of the seller and the buyer.B. Determine the applicable law.C. Calculate the customs duties.D. Regulate the payment of interest.答案：A5. Which of the following is not a method of international payment?A. Cash in advanceB. Documentary collectionC. ConsignmentD. Barter答案：C6. The Vienna Convention on Contracts for the International Sale of Goods applies to contracts:A. Concluded in writing.B. Governed by the law of a contracting state.C. For the sale of goods between enterprises.D. Involving the sale of goods across international borders. 答案：D7. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is applicable to:A. All international sales contracts.B. Sales contracts between parties from different countries.C. Sales contracts that explicitly choose the CISG.D. Sales contracts that involve the transfer of tangible goods.答案：D8. In international trade, the term "Force Majeure" refers to:A. A party's failure to perform due to unforeseen circumstances.B. A party's intentional breach of contract.C. A party's refusal to perform due to a change in market conditions.D. A party's performance being delayed due to a strike.答案：A9. The "Ex Works" term in Incoterms means that the seller:A. Bears all costs and risks until the goods are delivered.B. Is responsible for loading the goods on board the vessel.C. Delivers the goods at their premises, cleared for export.D. Delivers the goods to the carrier nominated by the buyer.答案：C10. The "Cost, Insurance and Freight" (CIF) term in Incoterms requires the seller to:A. Pay for the goods only.B. Pay for the goods and the freight to the destination.C. Pay for the goods, freight, and insurance to the destination.D. Pay for the goods and insurance only.答案：C二、填空题（每题2分，共20分）1. The ________ Convention on Contracts for the International Sale of Goods is a widely accepted international treaty that provides a uniform set of rules for the sale of goods between parties from different countries.答案：United Nations2. The ________ principle in international trade law allows parties to a contract to choose the law that will governtheir contract.答案：party autonomy3. In international trade, a ________ is a written order issued by a bank on behalf of a buyer, directing the bank to pay the seller upon presentation of specified documents.答案：letter of credit4. The ________ rule in international trade law states that a contract is not valid unless it is in writing and signed by the parties.答案：statute of frauds5. The ________ is a set of international rules that define the responsibilities of sellers and buyers for the delivery of goods under international sales contracts.答案：Incoterms6. The ________ is a method of payment in international trade where the buyer pays the seller in advance of the goods being shipped.答案：cash in advance7. A ________ is a document that serves as evidence of the terms of a contract for the sale of goods, and it is often used in international trade to facilitate the payment process. 答案：bill of lading8. The ________ is a legal doctrine that allows a party to be released from liability or to claim damages when an event beyond their control prevents them from fulfilling a contract. 答案：force majeure9. The ________ term in Incoterms means that the seller is responsible for all costs and risks involved in bringing the goods to the port of destination.答案：Delivered at Terminal (DAT)10. The ________ is a method of international payment wherethe seller ships the goods to the buyer and transfers the documents of title, but the payment is not made until the buyer has inspected and accepted the goods.答案：documentary collection。

英文国际商法练习题答案

英文国际商法练习题答案一、选择题1. 国际商法中，合同的成立需要满足哪些条件？A. 要约和承诺B. 双方当事人的同意C. 明确的权利和义务D. 所有上述条件答案：D2. 根据《联合国国际货物销售合同公约》（CISG），卖方的基本义务是什么？A. 交付货物B. 转移货物所有权C. 提供货物运输文件D. 交付货物并转移所有权答案：D3. 在国际贸易中，信用证是一种什么样的支付工具？A. 无条件的支付保证B. 有条件的支付保证C. 一种保险形式D. 一种贷款形式答案：B4. 什么是FOB（Free On Board）条款？A. 卖方负责货物运输到买方指定的港口B. 买方负责货物运输到卖方指定的港口C. 卖方在货物上船后不再承担任何责任D. 买方在货物上船后立即承担所有责任答案：C5. 什么是不可抗力条款？A. 允许一方在对方违约时解除合同的条款B. 允许一方在遇到不可预见事件时解除合同的条款C. 规定合同期限的条款D. 规定合同价格的条款答案：B二、简答题1. 简述国际商法与国内商法的主要区别。

答案：国际商法主要涉及跨国界的商业交易，其法律适用往往需要考虑不同国家的法律体系和国际公约。

而国内商法则主要适用于单一国家的商业交易，其法律适用相对单一，通常遵循该国的法律体系。

2. 解释什么是“最惠国待遇”原则，并举例说明其在国际贸易中的应用。

答案：最惠国待遇原则是指一个国家在贸易上给予另一个国家最优惠的待遇，这种待遇不得低于给予任何其他国家的待遇。

例如，如果A 国给予B国最惠国待遇，那么A国在对B国的进口商品征收关税时，必须保证这种关税是所有国家中最低的。

三、案例分析题案例：某中国公司与一家美国公司签订了一份国际货物销售合同，合同规定采用CIF（Cost, Insurance, and Freight）条款。

货物在运输途中遭遇风暴，导致部分货物损坏。

请问，根据CIF条款，中国公司是否需要对损坏的货物承担责任？答案：根据CIF条款，卖方（中国公司）负责将货物运输到指定目的地，并支付运输和保险费用。

国际商法（英）第一章答案和解析1_testbank

国际商法（英）第⼀章答案和解析1_testbankChapter 1Introduction to International and Comparative LawA. WHAT IS INTERNATIONAL LAW?1. International law is the body of rules and norms that regulates activities carried onoutside the legal boundaries of nations.Answer: True 2. In contemporary international law, the division between public and private law isprecise and well defined.Answer: False 3. International law is not really law since there is no worldwide legislature to enact it. Answer: False 4. Comity is the practice, or courtesy, between nations of treating each other withgoodwill and civility.Answer: True 5. Comity is not law because countries do not regard it as something they are requiredto respect.Answer: True6. International law regulates relationships between:a. states and states.b. states and persons.c. persons and persons.d. All of the above.e. Both a. and b. above.Answer: d 7. Which of the following is an example/are examples of the subject matter of public international law?a. Contracts and sales.b. Securities regulations.c. State succession.d. All of the above.e. None of the above.Answer: c8. Which of the following is an example/are examples of the subject matter of private international law?a. Antitrust.b. Nationality.c. State responsibility to aliens.d. All of the above.e. Both a. and b. above.Answer: e9. Law is:a. a rule established by authority, society, or custom.b. a body or system of rules.c. the control or authority imposed by a system of rules.d. All of the above.e. None of the above.Answer: dB. THE MAKING OF INTERNATIONAL LAW10. Despite the lack of international law-making machinery, states function informally asboth lobbyists and legislators.Answer: True 11. International law exists when there is a consensus of the international community.Answer: True 12. Unratified treaties and reports of international agencies are sometimes cited asevidence of a trend toward the development of a rule of international law.Answer: True 13. Case law derived from the decisions of arbitration tribunals hearing disputes betweenprivate parties is never used as a source of international law rules.Answer: False 14. Evidence of the general consent of the international community to the existence of a rule of international law can be found in:a. decisions of the International Court of Justice.b. resolutions passed by the UN General Assembly.c. the conduct and practices of states in their dealings between themselves.d. All of the above.e. Both a. and c.Answer: dC. SOURCES OF INTERNATIONAL LAW15. The sources of international law which Article 38(1) of the Statute of the International Court of Justice states that the court is permitted to use in settling disputes are:a. general principles of law.b. international conventions.c. the case law of municipal courts.d. All of the above.e. Both a. and b. aboveAnswer: d 16. In determining whether a practice has become a rule of international customary law, Article 38(1) of the Statute of the International Court of Justice states that the court is permitted to look to:a. economic trends.b. historical records.c. teachings of legal writers.d. All of the above.e. Both a. and b. above.Answer: c 17. Which of the following sources of international law does the International Court of Justice normally regard as the most authoritative?a. Customary international law.b. General principles of law.c. International conventions.d. Judicial decisions.e. Teachings of legal writers.Answer: c 1. Treaties and Conventions18. The customary rules that govern treaties are now codified in the Vienna Conventionon the Law of Treaties.Answer: True19. Treaties and conventions have binding effect because:a. one country fears that if it does not respect its promises, other countries will notrespect their promises.b. states that fail to observe them may be fined or otherwise punished by theInternational Court of Justice.c. states that fail to observe them will lose their membership in the United Nations.d. All of the above.Answer: a20. The Vienna Convention on the Law of Treaties applies to treaties and conventions that:a. are governed by municipal law.b. are in writing.c. are made orally.d. relate to international organizations.e. All of the above.Answer: b 2. Custom21. Once adopted, customary rules of international law are seldom changed.Answer: False 22. To establish the existence of a customary rule of international law, one must showthat the international community has observed the rule for a long period of time.Answer: False 23. To establish the existence of a customary rule of international law, one must showthat the entire international community has given its consent to the rule.Answer: False24. To establish the existence of a customary rule of international law, one must show:a. opinio juris et necessitatis.b. pacta sunt servanda.c. rebus sic standibus.d. waiver.e. None of the above.Answer: a 25. In The Lotus Case, Turkey had begun prosecution of the officers on a French ship who had been involved in a collision with a Turkish ship. France brought suit in the Permanent Court of International Justice (PCIJ) claiming that customary international law allowed only the state whose ship the officers were aboard to prosecute them. The PCIJ ruled against France because:a. in previous similar cases, the states which had acted as France suggested had notdone so because they thought they were obliged to do so.b. the rule which France suggested had become custom had only been observed bya few states.c. the rule which France suggested had become custom had only been observed fora few years.d. All of the above were reasons given by the PCIJ.e. None of the above is a correct answer.Answer: a26. Which of the following states is not required to observe a particular rule of customary international law?a. A persistent objector.b. A state that has recently acquired its independence following the division of itspredecessor state.c. A superpower.d. All of the above.Answer: a 3. General Principles27. General principles of international law are based on legal rules that are common toboth (or all) the state parties to a dispute.Answer: TrueD. THE SCOPE OF INTERNATIONAL LAW IN ACTUAL PRACTICE1. The Practice in International Tribunals28. In international tribunals, municipal law is regarded as being correlative withinternational law.Answer: False 29. International tribunals generally regard states as having an obligation to bring theirmunicipal law into compliance with international norms.Answer: True30. In international tribunals,a. municipal laws are treated as “mere facts.”b. municipal laws will not be declared either void or valid.c. municipal laws will not be interpreted.d. the parties must prove what the municipal law is.e. All of the above.Answer: e 2. The Practice in Municipal Courts31. In municipal courts, international law is generally treated as being subservient.Answer: False 32. According to the doctrine of incorporation, customary international laws are treatedas adopted by a municipal court to the extent that they are not inconsistent with prior municipal legislation or judicial decisions of final authority.Answer: True33. According to the doctrine of transformation, customary international laws are notapplicable in a municipal court until they are clearly adopted by legislative action,judicial decision, or established local usage.Answer: True 34. A self-executing treaty is one that contains a provision that says the treaty will applyin the parties’ municipal courts once the parties have adopted domestic enablinglegislation.Answer: False 35. Once a municipal court determines that a particular rule of international law isapplicable in a particular case, that law will be treated as law and not as a fact.Answer: True 36. When a municipal court acts to determine if a particular rule of international law has been received into the local jurisprudence, it will (in most countries) apply the doctrine of:a. immaculate conception.b. incorporation.c. resuscitation.d. transformation.Answer: b 37. In the United States, a treaty adopted by authority of the President alone (i.e., without the consent of the Senate) is known as a/an:a. constitutional convention.b. executive agreement.c. presidential treaty.d. Truman treaty.e. None of the above.Answer: b38. In the United Kingdom, treaties are made by:a. the Crown (i.e., the executive).b. the prime minister with the approval of the foreign secretary.c. the prime minister with the approval of the queen.d. None of the above.Answer: aE. INTERNATIONAL PERSONS1. States39. Recognition of a government is usually made in a bilateral agreement.Answer: False 40. Recognition implies that the recognized state or government is entitled to all of therights and privileges granted by international law.Answer: True 41. To avoid any possible connotation that recognition also means approval, manygovernments have adopted the Estrada Doctrine of never formally recognizing other governments.Answer: True 42. Territorial sovereignty is the absolute and unqualified right of a state to exercise itsfunctions within a territory.Answer: False 43. Title to newly acquired territory may be confirmed by estoppel.Answer: True 44. A successor state is not bound by the “dispositive” treaties made by its predecessor.Answer: False 45. When State A and State B merge to form State C, State C and the other state partiesto a treaty made by State A can agree either to terminate the treaty or extend it to the whole territory of the new state. Answer: True46. When State A and State B merge to form State C, State C will no longer be bound bya treaty made by State A if its object and purpose can no longer be accomplished.Answer: True 47. When a part of the territory of State X shifts and becomes part of the territory ofState Y, the treaties made by State X continue to apply to that territory.Answer: False 48. Nationals of a territory that is acquired by a successor state will keep the nationalityof the predecessor state unless a different result is agreed to in a treaty of cession or by municipal legislation. Answer: True49. State A disintegrates into States B and State C. The public property of State Alocated in State D becomes the property of D.Answer: False 50. Private property rights of individuals do not lapse because of a change in government. Answer: True 51. A successor state is not bound by the private contractual obligations of itspredecessors.Answer: False 52. State Q disintegrates into State R and State S. State R and State S are bothresponsible for State Q’s national debt.Answer: True53. A state is an international person with:a. a government.b. a population.c. a territory.d. All of the above.e. Both a. and b.Answer: d 54. A state that lacks some attribute (i.e., territory, population, or government) required for it to be treated as a fully independent state is known as a/an:a. dependent state.b. developing state.c. inchoate state.d. non-state.e. underdeveloped state.Answer: c 55. “The legal existence of a government happens automatically by operation of law whenever a government is capable of controlling a territory and its people.” This is a statement of the:a. constitutive doctrine.b. declaratory doctrine.c. Estrada doctrine.d. recognitive doctrine.e. None of the above.Answer: b56. “A government does not truly come into existence until such time as it is recognized by other states and participates in the internati onal arena.” This is a statement of the:a. constitutive doctrine.b. declaratory doctrine.c. Estrada doctrine.d. participatory doctrine.e. None of the above.Answer: a57. The right of all states to transit the Suez and Panama canals is an example of a/an:a. easement.b. license.c. negative servitude.d. positive servitude.e. profit a prendre.Answer: d58. States may lawfully acquire territory by:a. force from another state.b. occupying land not claimed by another sovereign.c. the mutually agreed to transfer from another sovereign.d. All of the above.e. Both b. and c. above.Answer: e 59. State A and State B merge to form new State C. As to the treaties that had been in force in State A,a. only those that were dispositive treaties continue to be in force.b. they are in force throughout State C.c. they are no longer in force.d. they continue to be in force in that part of State C that used to be State A.e. None of the above.Answer: d 60. “When a new state comes into being through decolonization, the ex-colony starts with no obligation to succeed to the treaties of its former colonial power.” This is known as the:a. clean slate doctrine.b. divorcement policy.c. ex parte doctrine.d. fresh start rule.e. None of the above.Answer: a61. State Q disintegrated into State R and State S. As to the treaties that had been in force in State Q,a. only those that were dispositive treaties continue to be in force.b. they are no longer in force.c. they are no longer in force if State Q was a colonial power.d. they continue to be in force in both State R and State S to the extent they areapplicable.e. None of the above.Answer: d2. International Organizationsa. Intergovernmental Organizations62. An intergovernmental organization is a permanent organization set up by two ormore states to carry on activities of common interest.Answer: True 63. The capacity of an intergovernmental organization to carry on diplomatic relationswith a state or to sue or be sued in an international or municipal court is acquired by recognition.Answer: True 64. According to most authorities, an intergovernmental organization is not to berecognized as having the capacity of an international person by one of its member states until the government of that state certifies that it has such capacity.Answer: False 65. According to most authorities, an intergovernmental organization is not to berecognized as having the capacity of an international person by a non-member state until the government of that state certifies that it has such capacity.Answer: True 66. Which of the following is NOT a characteristic common to intergovernmental organizations?a. They are created by two or more states.b. They are meant to pursue interests common to their creators.c. They function autonomously as independent international persons.d. They operate through branches and subsidiaries around the world.e. None of the above is a correct answer.Answer: d1) United Nations67. The general philosophy underlying the Charter of the United Nations is that therelationships of the nations of the world are to be governed by the rule of law.Answer: True 68. The phrase “United Nations System” refers to the rules of international law enactedby the General Assembly of the United Nations.Answer: False69. Which of the following are goals of the United Nations?a. Maintenance of peace and security in the world.b. Promotion of economic and social cooperation.c. Protection of human rights.d. All of the above.e. Both a. and c. above.Answer: d 70. Which of the following organs of the United Nations may authorize the use of armed force?a. Economic and Social Council.b. General Assembly.c. International Court of Justice.d. Secretariat.e. Security Council.Answer: e 71. Which of the following organs of the United Nations is primarily responsible for promoting respect for human rights?a. Economic and Social Council.b. General Assembly.c. International Court of Justice.d. Secretariat.e. Security Council.Answer: a2) European Union72. The Council of the European Union is the principal European Union rule maker.Answer: True 73. The Council of the European Union may enact rules without consulting the EuropeanParliament.Answer: False74. The Council of the European Union may only act on proposals brought to it by theEuropean Commission.Answer: True 75. The European Parliament must approve all of the international treaties that theEuropean Union enters into.Answer: True 76. The European Parliament lacks true legislative powers.Answer: True 77. The European Committee of Regions must be consulted on matters dealing withdefense, internal security, and public policy.Answer: False 78. The European Economic and Social Council can adopt rules and issue directivesindependently of the Council of the European Union and European Commission.Answer: True 79. The European Court of Justice can hear appeals from the European Court of FirstInstance.Answer: True 80. The European Central B ank is responsible for carrying out the European Union’smonetary policy.Answer: True 81. The European Court of Auditors hears disputes involving the amount of taxes owedby private persons.Answer: False82. Which of the following is not a member state of the European Union?a. Austria.b. Belgium.d. Norway.e. Portugal.Answer: d83. Which of the following is a constituent treaty of the European Union?a. European Atomic Energy Community Treaty of 1957.b. European Coal and Steel Community Treaty of 1951.c. European Economic Community Treaty of 1957.d. All of the above.e. Both b. and c. above.Answer: d84. When one speaks of the “supernational powers” of the European Union, one means that:a. within its scope of applicability, EU law is superior to the laws of the memberstates.b. member states are required to bring their internal laws into compliance with EUlaw.c. EU law may be directly effective within the member states.d. All of the above.e. Both a. and c.Answer: d85. The European Union’s European Commission:a. proposes measures to the European Council.b. is a consultative body made up of representatives from local and regional governments.c. is located in Strasbourg, France.d. All of the above.e. None of the above.Answer: a86. The European Court of First Instance may hear disputes:a. brought by the European Union Commission against European Union member states.b. brought by European Union member states against the European Unionc. brought by private persons against European Union institutions.d. All of the above.e. None of the above.Answer: e 87. The European Court of Justice may hear requests to annul European Union legislation brought by:a. the European Union Commission.b. a member state.c. private persons.d. All of the above.e. Both a. and b. above.Answer: eb. Other Intergovernmental Organizations88. Which of the following intergovernmental organizations has a parliament whose representatives are directly elected by the national parliaments of its member states?a. African Union (AU).b. Arab League.c. Council of Europe.d. Organization of American States (OAS).e. Organization for Economic Cooperation and Development (OECD).Answer: c 89. Which of the following intergovernmental organizations has established regional human rights systems that are supervised and enforced by both judicial and quasi-judicial organs?a. Arab League.b. British Commonwealth of Nations.c. Council of Europe.d. Warsaw Treaty Organization.e. Organization for Economic Cooperation and Development (OECD).Answer: cF. THE RIGHTS OF INDIVIDUALS UNDER INTERNATIONAL LAW90. Traditionally, an individual’s rights under international law are only protected by hisstate of nationality.Answer: True 91. Traditionally, the decision whether or not to take any action to enforce anindividual’s rights under international law is left entirely up to the individual’snational state.Answer: TrueG. COMPARISON OF MUNICIPAL LEGAL SYSTEMS1. The Romano-Germanic Civil Law System92. The Roman law was first codified in the Corpus Juris Civilis around the year 534A.D.Answer: True93. The law followed in much of Europe at the end of the medieval period was known asthe jus commune.Answer: True 94. The pepou drous (or “piepowder”) courts were the courts of the medieval guilds andmerchants’ associations.Answer: True 95. The law created by the pepoudrous (or “piepowder”) courts evolved into the “lawmerchant.”Answer: True 96. The goals of the national codes that replaced the jus commune were to establishlegal unity within a single kingdom and to codify the political and philosophicalideals of the time.Answer: True 97. The French Civil Code (the Code Napoleon) of 1804 attempted to break up the oldfeudal estates of the aristocracy by prohibiting restraints on the sale of land as well as restraints on its transfer in a will. Answer: True 98. The German Pandectists studied the text of jus commune with the aim ofdiscovering its “latent” or underlying princip les and organization.Answer: False 99. The German Civil Code of 1896 is noted for being precise and technical.Answer: True 100. Which of the following used historical analysis and philology (i.e., the tracing out of the development of the usage of word s) to “desanctify” the study of law?a. Commentators.b. Glossators.c. Humanists.d. Naturalists.e. Pandectists.Answer: c 101. The jus commune was replaced by national codes that first appeared in:a. Austria.b. France.c. Prussia.d. Russia.e. Scandinavia.Answer: e102. Which of the following ideas of the French Revolution was/were incorporated into the French Civil Code (the Code Napoleon) of 1804?a. The autonomy of the patriarchal family.b. The freedom to contract.c. The right to possess private property.d. All of the above.e. Both b. and c. above.Answer: d 103. Which of the following were influential in the drafting of the French Civil Code (the Code Napoleon) of 1804?a. Academic writings.b. French customary law.c. French royal ordinances.d. Jus commune.e. All of the above.Answer: e 104. Which of the following were most influential in the development of the German Civil Code of 1896?a. Academic writers.b. Commentators.c. Humanists.d. Naturalists.e. Pandectists.Answer: e 105. Which of the following legal subjects are not found in the French or German civil codes?a. Administrative regulations.b. Contracts.c. Crimes.d. Delicts.e. Inheritances.Answer: a 2. The Anglo-American Common Law System106. The name “common law” (as it is used in England) is derived from the theory that the king’s courts represented the common custom of the realm, as opposed to thelocal customary law practiced in the county and manorial courts.Answer: True 107. Equitable remedies are available only when legal remedies are unavailable or inadequate.Answer: True108. The Statute of Westminster of 1285 encouraged the English law courts to create new writs, including writs in equity. Answer: False 109. New York’s “Field Code” of 1848 merged law and equity into one jurisdiction and required law suits to be tried in a single class of courts using a single procedure.Answer: True 110. Which of these medieval English courts handled cases of direct royal interest?a. Common Pleas.b. Equity.c. Exchequer.d. King’s Bench.e. Manorial.Answer: d 111. Which of these medieval English courts assumed jurisdiction to control the abuses of the King himself (and thereby established the doctrine of the supremacy of the law)?a. Common Pleas.b. Equity.c. Exchequer.d. King’s Bench.e. Manorial.Answer: d 112. Which of the following is not a remedy available from a court of equity?a. Damages.b. Injunction.c. Restitution.d. Specific performance.e. None of the above is a correct answer.Answer: a 113. The common law’s adoption in other countries was primarily facilitated by:a. a historical linkage between the country and England.b. its simple terminology.c. its use of both case law and statutes.d. its use of the doctrine of the supremacy of the law to limit the actions andpowers of the government.e. its use of the jury system.Answer: a3. The Islamic Law System114. The closing of the door of ijtihad (independent reasoning) refers to contemporary efforts of Islamic fundamentalists to return to the original principles of law laiddown by the Prophet Muhammad.Answer: False 115. The Shari’a is primarily a moral and ethical code.Answer: True 116. Which of the following is the most important source of Islamic law?a. The consensus of the legal community.b. The Koran.c. The Sunnah.d. Writings of Islamic scholars.e. None is more important - they are all equally important.Answer: b ESSA YS1. Compare and contrast the three major municipal law systems.Answer: Students should discuss the Romano-German civil law, the Anglo-American common law, and Islamic law systems. In brief: the first two are secular, the last is religious. The civil law is primarily based on codified rules while the common law is based on precedent. Both are flexible and undergoing continuous change, as compared to Islamic law which stopped developing in the tenth century A.D.2. Evaluate the adequacy in contemporary international law of the definition of the sources of international law that is given in Article 38 of the Statute of the International Court of Justice.Answer: It is probably quite adequate. Its ranking of conventions, then customs, and then general principles as sources the court should look at reflects actual practice. It also allows the court to use both case law and academic writings as sources, which also reflects contemporary practice. In addition, the court is allowed to turn to equity in appropriate circumstances. The definition may be somewhat inadequate when it comes to defining general principles. It speaks of the general principles of “civilized nations,” which may be somewhat insulting to Third World states who often feel that international law is overly European. These two words might best be deleted if the Statute is ever revised.3. After a civil war in State A, approximately half of the territory breaks away and forms State B.(a) Before the war, State A had lent money to Cee Company. State B now claims that it is entitled to half of that money.(b) Before the war, State A had granted a mining concession to Dee Company for a 50-year period on land that is now within the territory of State B. That concession still has20 years to run. State B claims that it is no longer valid.(c) Before the war, State X had concluded a treaty with State A in which State X granted State A “most favored nation” trade status. State B now claims that it is entitled to the same treatment.Is State B correct in each of its contentions? Explain.Answer:(a) No, a successor state may not interfere with contractual rights. Moreover, the contracting parties were State A and Cee Company. State B was not a party (it could not have been since it did not exist at the time). Also, neither State A nor Cee Co. intended for State B to be a beneficiary. State B has no rights in the contractual rights of State A.(b) Again, a successor state may not interfere with preexisting contractual rights. However, all states may nationalize or expropriate property. Assuming State B does so and Dee Co. has recourse to an international tribunal to settle the dispute, State B will probably have to provide prompt, adequate, and effective recourse (i.e., fair market value) for the concession it has taken from Dee Co.(c) When a state divides, the existing treaties of the predecessor states bind both successor states. When the treaties are neither dispositive nor descriptive of international law, they are only valid to the extent that third party states (e.g., State X) wish to continue to be bound by them.Note, also, that if State B claims that it is a colony having achieved its independence from a colonial power (a likely possibility), then the clean slate doctrine applies. This means that State B is not bound by any of the treaties of the colonial power (State A) unless both State A and the third party states (e.g., State X) agree to keep them in force. (The result, in any event, is the same.)4. You are a foreign student studying abroad in the State of Ecstasy. Ecstasy is a member of the United Nations, but of no other international organizations. It has not signed nor ratified any international human rights treaties.When you arrived in Ecstasy, you bought a small house on a small piece of land near the university where you are now about to graduate. Recently, as you planned to return home, you put your property up for sale. At that time, you discovered that Ecstasy has a law that makes it illegal for aliens to own real property (i.e., houses and land) and that any such property escheats (i.e., is automatically forfeited) to the state. No one, of course, would buy your property (since your title is defective) and now the state has taken it from you. You have brought suit in a local Ecstasy court. You claim that Ecstasy's law making it illegal for aliens to own land is discriminatory and a violation of the provisions of the UN Charter. You seek to have the Court order that the state's seizure of your property was improper and that you do have good title. Will you be successful? Explain.。

国际商法参考答案

国际商法参考答案一家美国公司sharedimagining（买方）与一家德国公司neuromedmedicalsystems&supportgmbh(卖方，以下简称neuromed)签订了一份买卖合同，销售一套西门子核磁共振成像系统。

合同“产品条款”规定系统将以完备的功能交付。

合同“交货条件”条款规定cif纽约港，买方清关和交付关税，并负责将货物运至伊利诺伊州喀尔马特市。

“支付条件”条款规定，通过货币转账转至卖方的账户，预付定金93000美元；装船前支付744000美元；接收设备后三天内支付93000美元。

“弃权条款”规定，在货款全部支付前，neuromed保持对设备的所有权。

货物到达喀尔马特市后，买方发现货物受损，需要进行大的修理。

买方向保险人guardianinsurance索赔。

保险人赔付后以代位人的的身份起诉neuromed。

neuromed认为，在cif条件下，在它将货物在装运港交付货物后，风险即转移到买方，因此它不应承担责任。

原告认为，cif条件在本案不适用，因为被告保留了货物所有权，就应该承担货物的风险。

本案是一件国际商事纠纷，涉及美国和德国对国际商事惯例和国际商事公约的态度。

本案由美国纽约南区法院于2002年审结。

法官指出：首先，合约挑选德国法为准据法。

依据德国法；《联合国国际货物销售合约公约》就是德国法的一部分，由于当事人所在的国家都就是公约缔约国，为同时实现公约统一国际货物交易法的目的和德国重新加入公约的目的，本案应当适用于公约。

其次，由于合约中采用了cif，incoterms关于cif的规定应予以适用于。

理由就是：（1）公约第9条第2款规定，对于双方当事人已经晓得或本该晓得的，在国际商事交易上已为有关特定贸易如本同类合约的当事人所广为晓得并为他们所经常严格遵守的惯例，除非当事人Seiches标明协议，视作当事人默示地同意受到其约束。

incoterms即属这种惯例，即使合约中没提到incoterms，但提到cif本身就说明incoterms将适用于。

国际商法案例分析1(英文)

国际商法案例分析1（英文）CASES IN INTERNATIONAL COMMERCIAL LAW1. On January 1，Sel1er sent a letter to Buyer offering to se11 to Buyer 5，000 ornaments for$25 apiece. The letter also stated: “This offer is binding and irrevocable until February l.” OnJanuary 5, p rior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore myletter of January 1. I have decided to withdraw the offer contained in it.” On Jan uary 7 , afterlistening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of January 1.”Q: Is there a contract under CISG?2. On December 1, Seller sent to Buyer an offer to sell 5,000 ornaments to Buyer for $25 apiece. The offer stated: “The offer will remain open until December31.” On December 10,Buyer answered: “The price is too high; I don’t accept your offer.” Then, On December 15,Buyer changed his mind an d sent a telegram stating: “I accept your December 1 offer afterall.” Seller replied: “Your acceptance is too late, since you already reject the offer.” In turn,Buyer answered: “The acceptance is good, since you promised to keep your offer open until D ecember 31.”Q: Is there a contract under the CISG?3. Buyer received a letter in her mail on January 1 offering to sell Buyer 5,000 ornaments $20 apiece. Seller’s letter closed with the following statement: “I know that this offer is soattractive that I will assume that you accept it unless I hear otherwise by January 31.” Buyerdid not reply. Seller shipped the ornaments on February 1.Q: What are Buyer’s responsibilities under CISG?4. Seller and Buyer entered into a written contract for the manufacture by Seller of l0,000 ornaments of a design specified by Buyer and set out in the contract. The contract also provided: “This contract may only be modified in a writing signed by both parties.” Before Seller had begun work on the ornaments, Buyer and Seller agreed by telephone to a change in the specifications for 2,500 of the ornaments. Seller then produced and delivered the 2,500 ornaments as specified. Buyer refused to accept them because they did not conform to the specifications in the original contract.Q: Assuming CISG applies, who breached?5. Buyer and Seller entered into a contract governed by CISG for Seller to deliver a1sophisticated computer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on Ja nuary 2: “Anxious to take delivery of the computer. Hope that itarrives by February 1.” Seller delivers the computer on February 5, but Buyer refuses to accept it and declares that the contract is avoided because Seller failed to hand over the computer before the February 1 date specified in the January 2 telegram. Both Buyer and Seller agree that there has not been a fundamental breach.Q: Is Buyer able to avoid the contract under these circumstances?6. Dealer in the United States owned a cargo of 10,000 barrels ofoil that had been shipped from Mexico on January 1 for arrival in the United States on February 1. On January 15, Dealer informed Buyer that the oil was on the transit and they concluded a contract. On arrival, inspection showed that the oil had been contaminated by seawater at some indeterminate time during the voyage.Q: Assuming CISG applies, who bears the risk?7. Seller agreed to deliver three software programs to Buyer thatare specially designed for Buyer’s business. The first was to be delivered in January the second in February, the third in March, The program delivered in January worked fine, but the one delivered in February was defective. It not only failed to function properly, it also made the other two programs effectively worthless. Seller was unable tocorrect the defect, and no suitable replacement could be found from another supplier.Q: What CISG remedies are available for Buyer?8. Stan, a manager of an English computer company, returns home from work to discover his house surrounded be police. His wife is being held hostage and threatened by her captor. Stan pleads with the police to rescue her and offers $5000 to the policeman who brings her uninjured to safety. A police officer, Peter, eventually talks the captor into releasing the woman hostage and he leads the woman to safety. When Peter goes to collect his bonus, Stan says, “Thank you very much but I have no intention of paying.”Q: Would Peter succeed in a court action against Stan?9. A (an American company) entered into a contract with B (a Japanese company), which was under the CISG. The contract provides that A delivers 1000 personal computer housings by December 1 to B in Tokyo, for a total price of $50000. On July 1, A faxed B that due to a rise in prices they could not deliver for less than $60000. B replied that it would insist that A2deliver at the original price. Then A refused to delivery the goods under the contract. From July 1 through September, B could have bought the housing from other suppliers for $55000 for December 1 delivery. On December 1, B covered and purchased the housing for $64000 for deliveryon February 1. Because of the delay until February 1 B sufferedadditional damages $2000.Q: Please discuss the behavior of A. What is the meas ure of B’s damages? Was B under anyduty to mitigate damages? Why or why not?10. Seller agreed to ship 10,000 tons of potatoes FOB Tacoma, Washington, to Buyer in Japan. Buyer designated the SS Russet to take delivery at pier 7 in Tacoma. On the agreed date fordelivery Seller delivered the potatoes to pier 7, but the ship wasnot at the pier. Because another ship using the pier was slow in loading, the Russet had to anchor at a mooring buoy inthe harbor and Seller had to arrange for a lighter to transport the potatoes in containers to the ship. The lighter tied up alongside the Russet and a cable from the ship’s boom was attachedto the first container. As the container began to cross the ship’s rail the cable snapped. Thecontainer then fell on the rail, teetered back and forth for awhile, and finally crashed down the side of the ship and capsized the lighter. All of the potatoes were dumped into the sea. Buyer now sues Seller for failure to make delivery.Q: Is Seller liable? Suppose the contract had been FAS Tacoma. Would Seller be liable?11. Seller in Sydney, Australia, agreed to ship goods on or before December 31 under a CIF Sydney contract to Buyer in Honolulu. The sellerwas unable to assemble the goods for delivery in time to reach the ship in Sydney and had to transship the goods by rail to Melbourne, where the ship was taking on goods on January 3, Seller did load the goods aboard railway cars in Sydney on December 29 and received a bill of lading from the rail-way Company on that date. Seller later obtained a bill of lading from the ship, and together with an invoice and a marine insurance policy, tendered both bills of lading to Buyer. Buyer refused to accept the documents or to pay Seller. Seller sues to enforce the contract. Q: Will Seller win?12. Seller in Bombay sells 5,000 bales of cotton to Buyer, C &F (Incoterms l990) Liverpool. Seller transports the cotton to the Bombay harbor and to the ship designated by Buyer, the SS Allthumbs. Due to an error in counting, there are only 4,987 bales loaded. The ship’s bill oflading, however, shows a quantity of 5,000 bales. Seller then signs over the bill of lading to Buyer in exchange for payment in full for the cotton. When the Allthumbs arrives in Liverpool3the quantity error is discovered, and Buyer sues the ship for thelost value of the missing bales.Q: Is the ship liable? Would it matter if the Seller admitted that the error was not the ship’sfault, but that of the Seller?13. New York Merchandising Company (NYMCO) imported foods producedby C-ART in Hong Kong. The goods were shipped on the Hong Kong Island Lines (carrier). The parties prior course of dealing hand been for the carrier to release the goods to NYMCO on its presentation of a “bank guarantee”. These bank guarantees released the carrier from liability for any misdelivery. On this occasion, however, the carrier released the goods upon NYMCO’s corporate guarantee of payment. Soon thereafter, NYMCO filed for bankruptcy. C-ART sued the carrier to recover the money owed for the goods. The carrier argued that it was not liable for misdelivery because NYMCO has good title to the goods from the time they were shipped in Hong Kong.Q: Do you agree with this argument,The carrier also claims that the bills of lading are notvalid because the importer NYMCO was insolvent. What is wrong withthe argument?14. X (a Chinese company) concluded, acting as an agent of Z (a Chinese factory), contract with Y (an American company) to purchase ten machines. Upon the arrival of the machines in Qingdao, the carrier handed over the machines to Z who showed certificate by a municipal organ, failing to make the delivery to X who still held the bill of lading but (the relevant businessman) was away in Guangzhou at a meeting. X sued Z for damages.Q: Who should X sue for damages? Has the property of the goods passed to Z? Was the carrier liable for the damage? What liabilities of X?15. Ms. V, a wealthy art collector in Country W, is interested in buying a rare painting from Mr. Y in Country Z. Both parties agree that the price is to be determined by an independent appraiser. V informs Y that she will send her agent, X, with a bill of exchange to collect the painting. V draws an at-sight bill payable to V but leaves the amount blank. She gives the bill to X and instructs him to deliver it to Y. Without authority X fills in the amount for 1 mil-lion US dollars and presents it to Y, who has, in the meantime, received the appraisal. The appraised price is $750,000. X tells Y that Ms. V had made the bill out for $1 million to insure that it would exceed the appraisal price, and that V has instructed X to return with the painting and the differencein cash. Y gives X the painting and $250,000. X delivers the painting, but then disappears with the $250,000 in cash. When V discovers what has happened, she4instructs the payer named on the bill stop payment on her instrument and offers to pay Y $750,000 for the painting.Q: Is the bill of exchange is an effective instrument? Why,If it is, when Y presents the bill tothe named payer, he insists that he must be paid the bill’s full face value of $1 million. Is Ycorrect? If it isn’t, what measures can Y take?16. A has signed a contract to buy 10,000 “new coffee percolatorsin the manufacturer’sorig inal packaging, with standard manufacturer’s warranty,” form B.B agrees to ship thepercolators CIF, and A agrees to, make payment by means of an irrevocable letter of credit. A contracted C Bank, with issues a letter of credit promising to pay a bill of exchange issued by and payable to B when it is accompanied by an invoice and a clean, on board bill oflading for “10000 new coffee percolators in the manufacturer’soriginal packaging, with standardmanufacturer’s warranty.” A learns from C, a competito r of B, that even though B hadobtained actual bills of identifying the goods as 10,000 “newcoffee percolators in themanufacturer’s original packaging, with standard manufacturer’s warranty,” the percolatorswere actually used and inoperable.Q: (1) Is anything that A can do?(2) Would it make any different if A had positive proof that a fraud had been perpetrated?(3) Would it make any different if C Bank had confirmed the letterof credit and accepted the bill of exchange before A got the positive proof?17. A, a company in England, established a contract for the sale of sugar with B on the name of itself. In the process of concluding, A did not disclose that it was only the agent of C, an Indian factory, in England. After A had delivered the goods according to the contract to B’swarehouse, B found out by inspection that part of the goods was not complied with the requirements in quality because it contaminated with solid impurity. A promised to give a satisfying answers to B. But after several resultless negotiations, A was tired to be immersed in such endless argument. Then A showed the agreement of authority and told B that it was only the agent of C which was the actual producer and supplier of the goods. Q: The intention of A was to drop out of the argument; do you think it can gain its goal? How?18. T was a tenant on L’s farm. Without any authorization from L, T ordered a new irrigation pump for the farm from K. T told K that he was L’s tenant and that he had authority topurchase a new pu mp on L’s behalf. K then installed a new pump and billed L for $2000. L denied liability on this bill, claiming that T’s purchase was unauthorized.5Q: T did not have actual authority to purchase the pump, but was his statement to K enough togive him apparent authority to make the purchase?6。

国际商法案例

Chapter 10 Case 11. Seller, whose place of business is in State A, and Buyer, whose place of business is in State B, enter into a contract that stipulates that the CISG applies. Neither State A nor State B is a contracting state. Does the convention apply?译文：营业地在A国的卖方和营业地在B国的买方签订了一份规定《联合国国际货物销售合同公约》适用的合同。

A国和B国都不是公约的缔约国。

公约能适用吗？分析：According to CISG PartⅠ（Article 1), CISG applies to contract for the international sale of goods-that is, the buyer and the seller must have their places of business in different states. In addition, either both of the states must be contracting parties to the convention or the rules of private international law must lead to the application of the law of a contracting state. In this situation, the rules of private international law stipulates that the contract applies to the law of a contracting state. As a result, the convention applies.适用。

国际商事合同法英文案例及答案

国际商事合同法英文案例及答案Case 1: The Dispute over the Shipment of Goods.Facts:Company A, based in the United States, entered into a contract with Company B in China for the purchase of 1,000 units of a particularelectronic device. The contract specified that the goods were to be shipped by sea and arrive at the port in the United States within 60 days of the contract signing. Company B arranged for the shipment, but due to unforeseen weather conditions and a mechanical problem with the ship, the goods arrived 10 days late.Issue:Is Company B in breach of the contract?Answer:Well, this is a bit of a tricky one. In international commercial law, Company B might seem to be in breach because they didn't meet the exacttime requirement in the contract. However, the unforeseen weatherconditions and the mechanical problem with the ship could be considered as "force majeure" events. Force majeure is like this big, unexpected thingthat gets in the way and it's not really the fault of the party. So, if Company B can prove that these events were truly unforeseeable, unavoidable, and made it impossible for them to deliver on time, they may not be held in breach. For example, if they have proper documentation from the shipping company about the mechanical problem and weather reports showing theextreme conditions, they've got a good case to argue that they should notbe penalized for the 10 day delay. So, it depends on whether they can prove force majeure.Case 2: The Quality of the Goods Dispute.Facts:Company X from France bought a large quantity of fabrics from Company Y in India. The contract stated that the fabrics should be of a certainquality standard, specifically, the color should not fade after three washes and the fabric should have a certain thickness. When Company X received the goods and tested them, they found that the color faded after just one wash and the fabric was thinner than specified.Issue:What can Company X do?Answer:Oh, Company X has some options here. First of all, they can go back to Company Y and say, "Hey, these fabrics are not what we agreed on! What gives?" They can try to negotiate a solution, like getting a discount onthe price because the goods are not of the right quality. If Company Y refuses to cooperate, Company X can consider legal action. Under international commercial law, when the goods don't meet the quality standards specified in the contract, the buyer has the right to claim damages. Company X would need to prove that the goods they received are indeed different from what was promised in the contract. They could have independent tests done on the fabrics and present those results as evidence. So, they can either try to work it out amicably or take the more serious legal route if they really feel wronged.Case 3: The Disagreement over Payment Terms.Facts:Company M in Germany and Company N in Brazil entered into a contractfor the sale of industrial machinery. The contract stated that Company M would pay 50% of the total price upon signing the contract and the remaining 50% within 30 days of receiving the goods. Company M paid the initial 50% as agreed. However, when they received the goods, they found some minor scratches on the machinery. They decided to withhold the remaining payment until Company N fixed the scratches or provided a discount. Company N argued that the scratches were not significant enough to justify withholding payment.Issue:Who is in the right?Answer:This is like a tug of war, isn't it? Well, Company M has a point in a way. If the goods are not in the expected condition, even if it's just minor scratches, they might feel like they're not getting exactly what they paid for. But Company N also has a case. The contract didn't specifically state that minor scratches would be a reason to withhold payment. So, it really depends on what a "reasonable person" would consider. If the scratches are so minor that they don't really affect the functionality or the overall value of the machinery much, Company M may not be justified in withholding the entire 50% payment. However, if the scratches are more than just a cosmetic issue and could potentially lead to future problems, then Company M might have a stronger argument. Maybe they could have agreed on an independent inspection to determine the significance of the scratchesand then decide on the payment accordingly. It's not really clear cut who's right here without more information.。

国际商法补充案例分析及答案

国际商法补充案例分析及答案一、绪论Pardee诉Camden Lumber Co.案1.被告Camden Lumber Co.由于未获得原告Pardee的允许，擅自在原告Pardee的土地上砍伐树木，并制成木材。

于是原告Pardee向法院提起诉讼，要求法院颁发禁令，禁止被告Camden Lumber Co.在其土地上砍伐树木。

初审法院认为此案适用衡平法上的救济不恰当，判决被告Camden Lumber Co.支付给原告Pardee一定数量损害赔偿金即可，因此，拒绝颁发禁令。

于是原告向上诉法院提起上诉。

问题：本案中，原告能否获得衡平法之禁令的救济？为什么？答：原告可以获得衡平法禁令的救济。

因为，当普通法上的救济不充分时，衡平法的介入是必要的。

在本案中，被告Camden Lumber Co.在原告Pardee的土地上砍伐树木制成木材，很显然，木材不能等同于树木，因此，被告Camden Lumber Co.的行为对原告Pardee的土地之特性造成的损害是经修正后仍然无法恢复的。

通过赔偿金无法达到恢复原告Pardee的土地之特性的效果，是不充分的，因此，在本案中适用衡平法上的禁令救济是恰当的。

上诉法院最终判决给予原告禁令的救济，法院颁布禁令，禁止被告Camden Lumber Co.在原告Pardee土地上砍伐树木。

二、商事组织法1.Subir,Brad和Lori三人都是刚从大学毕业的好友，准备创业。

Subir提出了一个关于新产品的创意，他确信他的创意如果得到实施，可以使他们三人快速致富。

Subir的创意是制造一种针对家庭用户的软饮料自动出售机，他的目标是向美国中西部的消费者推销该产品。

Subir 的个人亲身经历和经验使得他有资格适合担任首席总监和总经理。

Brad则是一个天生的销售员。

Lori对销售和管理几乎没有兴趣，但她愿意将她从她姑妈那里继承的一大笔钱用于投资。

Lori愿意将她通过继承获得的钱投资于Subir提出的可以让三人快速致富的创意，但她不想对该经营失败的风险承担任何责任。

国际商务第五篇综合案例可口可乐参考答案（英文版）

国际商务第五篇综合案例可口可乐参考答案（英文版）第五篇综合案例（可口可乐）参考答案Ref：p468End of Part Case NotesPart Five:Coca-Cola1. Why do you think that Roberto Goizueta switched from a strategy that emphasized localization towards one that emphasized global standardization? What were the benefits of such a strategy?Answer: Goizueta believed that the main difference between the U.S. market and foreign markets was the level of penetration in the foreign markets. Goizueta felt that the same product could be sold in the same way everywhere, and so centralized management and marketing in Atlanta, focused on core brands, and took equity stakes in foreign bottlers. This allowed Coca Cola to have a high level of control and gain scale economies.2. What were the limitations of Goizueta’s strategy that persuaded his successor, Daft, to shift away from it? What was Daft trying to achieve? Datf’s strategy also did not produ ce the desired results. Why do you think this was the case?Answer: Most students will probably agree that it was the emergence of smaller, more nimble competitors that forced Daft to change Coca Cola’s course. The smaller companies were producing beverages designed to meet the demands of local markets, and Daft felt that Coca Cola needed to take a similar approach. Accordingly, he gave local managers control of strategy, product development, and marketing. Daft’s strategybackfired however, and failed to produce the desired growth. Many students will probably point out that by localizing strategy, Daft failed to capitalize on the benefits ofhaving a global brand, like the ability to develop products that can appeal to multiple markets, economies of scale in production and marketing, and so on.3. How would you characterize the strategy now being pursued by Coke? What is the enterprise trying to do? How is this different from the strategies of both Goizueta and Daft? What are the benefits? What are the potential costs and risks?Answer: Today, Coca Cola has taken a more transnational approach to its strategy. The new strategy allows the firm to vary pricing, product offerings, and marketing messages from market to market, while at the same time, providing guidance from headquarters. Coca Cola is also promoting the notion of global learning by trying to leverage ideas across nations. Most students will probably recognize that Coca Cola’s new approach represents a mid-point between the firm’s previous strategies. Students may note that while the new strategy seems to provide the best of both worlds, Coca Cola will have to be careful to ensure that lines of control and responsibility remain clear and that communication within the organization is strong.4. What does the evolution of Coke’s strategy tell you about the convergence of consumer tastes and preferences in today’s global economy?Answer: Many students will probably agree that Coca Cola’s experience confirms what many marketing experts suggest –that while there is a convergence of tastes and preferences of consumers across markets, local preferences still matter. Firms that fail to meet the demands of consumers in each marketcannot succeed in the long run.。