国际商法(英文)试卷

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贸大国际商法试题2002国际法学专业英语试题

2002国际法学专业英语试题一案例分析（用中文回答）40%Stone v. American Lacquer Solvents Co.343 A. 2d 174 (1975)Harold E. Stone became chairman of the board of directors of American Lacquer Solvents Co. ( hereafter referred to as American) on December 7, 1967. On that date, American's board of derectors adopted a resolution that upon Stone's death, his wife, Rachel, would be paid an $8,000 annual pension by American until her death or remarriage. Teh resolution was adopted in consideration for services to be rendered to American by Stone, and it further provided that it could not be revoked wi t hout his consent.In March 1968 Stone and his wife encountered martial difficulties. Stone contacted Shaw, the president and general manager of American, and told him that he wanted the pension resolution cancelled. Shaw contacted the company's legal counsel and, acting in accordance wi t h his advice as to the procedure to be followed, prepared a letter from Stone to the board of directors of American, saving, "It is my wish that the R esolution dated December 7, 1967 concerning a pension for my wife Rachel be rescinded." Stone signed and personally delivered the letter to Shaw on March 3.On March 11, 1968, Shaw convened a special meeting of the board of directors of American. Five of the seven members of the board attended the meeting; and when Stone's letter was brought to their attention, they voted unanimously to rescind the resolution of December 7, 1967. Stone was not notified of the meeting and did not attend.Stone died on November 1, 1968; and when American refused to pay his widow, Rachel, the pension provided for in the resolution, she sued for specific performance. The trial court ruled that the resolution and been validly rescinded by the board at the meeting of March 11, 1968, and hence the plaintiff had no claim. She appealed the decision.Eagen, Justice. . . As a general rule the directors of a corporation may bind a corporation only when they act at a legal meeting of the board. If they purport to act at a meeting which is not a legal meeting, their action is not that of the corporation, and the corporation, absent ratification or acquiescence, is not bound.As to special meetings of the board of director of a corporation, the general rule in Pennsylvania is that such a meeting held without notice to some or any of the directors and in their absence is illegal, and action taken at such a meeting, although by a majority of the directors, is invalid absent ratification or estoppel. However, this notice requirement may be waived by a director either prior or subsequent to the special meeting, provided such waive is in writing. Addi t ionally, any action which may properly be taken at a meeting of a board of directors of a corporation may be affected and is binding wi t hout a meeting, if a consent in writing setting forth the action so taken is signed by each and every member of the board and filed wi t h the secretary of the corporation.A reading of the trial court's opinion filed in support of i t s decree upholding the legality of the Board's section of March 11, 1968, rescinding the Board's prior Resolution providing for the payment of the pension to the plaintiff was based on three grounds, any one of which, if corret, would warrant its ruling. First, the court conclude that Stone's letter of March 3, 1968, constituted a consent to the Board's subsequent action rescinding the pension Resolution. The difficul t y with this position is that the applicable statute requires that such a consent be executed after the meeting and that i t specifically set forth theaction taken, and that i t be filed with the secretary of the corporation. Stone's letter does not meet these requirements.Secondly, the court conclude [that] Stone's letter of March 3, 1968, consti t uted a waver of receipt of notice of the meeting of March 11, 1968. The difficulty with this position is that the letter does not refer to the meeting or indicatein any way that notice therof is waived. The letter amounts to no more than an expression of desire or consent to rescind the pension Resolution.In connection with its conclusion that Stone's letter constituted a waiver of notice of the meeting, the court reasoned that no purpose would be served by Stone's presence at the meeting since the other Directors were merely acceding to Stone's wishes and request. This analysis overlooks the rational for the salurary rule that all direcors receive notice of special meeting. That rationale is that " each member of a corporate body has the right of consultation with the others, and has the right to be heard upon all questions considered, and i t is presumed that if the absent members had been present they might have dissented, and their arguments might have convinced the majotiry of the unwisdom of their proposed action and thus have produced a different result." We agree with this rationale and, in view of the presumption embodied therein, we cannot concur in the trial court's premise that Stone and other Directors were of one mind as regards the pension rescission. In relation to this, we specifically note that another member of the Board of Directors failed to attend the meeting of March 11, 1968, and there is nothing in the record to show if he received notice of the meeting, or ever consented to the action taken the meeting.Finally, the court concluded that the rescinding resolution of Board was voidable only and that Stone's silence and failure to object thereto prior to hes death amounted to a ratification. The difficul t y with this position is that there is nothing in the record to show that Stone was ever made aware that the meeting of March 11, 1968, had been held or knew the rescinding resolution had been adopted by the Board. Under the circumstances, i t cannot be said a ratification was effected...[R]eversed and ... remanded for further proceeding...思考题：1.请以时间顺序为线索陈述本案基本事实。

国际商法教程期末试题及答案

国际商法教程期末试题及答案1. 单选题（每题2分，共40分）1. What is the main purpose of international commercial law?A. To regulate domestic business transactionsB. To facilitate trade between different countriesC. To protect consumers from unfair business practicesD. To enforce intellectual property rights答案：B2. Which of the following is NOT a principle of international commercial law?A. Freedom of contractB. Good faithC. Sovereign immunityD. Pacta sunt servanda答案：C3. Which international organization is responsible for the settlement of disputes between member countries?A. World Trade Organization (WTO)B. International Monetary Fund (IMF)C. United Nations (UN)D. International Court of Justice (ICJ)答案：A4. What is the purpose of the United Nations Convention on Contracts for the International Sale of Goods (CISG)?A. To harmonize contract law in different countriesB. To establish a global court for contract disputesC. To regulate the sale of goods within a specific regionD. To protect consumers from fraudulent sellers答案：A5. Which of the following is NOT a method of dispute resolution in international commercial law?A. MediationB. ArbitrationC. LitigationD. Negotiation答案：D...（继续回答6-40题）2. 客观题（每题5分，共50分）1. Define the principle of "lex mercatoria" in international commercial law.答案：Lex mercatoria refers to the body of customary rules and practices that have developed in international trade. It is based on the principles of fairness, good faith, and commercial reasonableness.2. Explain the concept of "force majeure" and its role in international contracts.答案：Force majeure refers to unforeseen circumstances or events beyond the control of the parties that make it impossible to fulfill their contractual obligations. It is often included as a clause in international contracts to excuse performance in such circumstances.3. Discuss the significance of the "most favored nation" principle in international trade.答案：The most favored nation principle requires that any favorable treatment given to one country must be extended to all other countries. It promotes equal treatment and prevents discrimination in international trade.4. Explain the difference between common law and civil law systems and their influence on international commercial law.答案：Common law systems are based on judicial precedents and case law, while civil law systems rely on codified statutes and legal codes. These two systems have different approaches to contract interpretation and dispute resolution, which can impact the application of international commercial law.5. What is the role of the International Chamber of Commerce (ICC) in international commercial law?答案：The ICC plays a significant role in the development and promotion of international commercial law. It provides standardized model contracts, rules for arbitration, and other resources to facilitate trade and resolve disputes....（继续回答6-10题）3. 论述题（每题20分，共60分）1. Discuss the importance of choice of law clauses in international contracts.答案：Choice of law clauses are essential in international contracts as they determine which jurisdiction's laws will govern the interpretation and enforcement of the contract. This helps ensure legal certainty and predictability, especially when parties involved are from different countries with different legal systems. By choosing the applicable law in advance, parties can better understand their rights and obligations under the contract and avoid potential conflicts or misunderstandings. It also provides a clear framework for resolving disputes that may arise during the course of the contract. However, it is crucial for parties to carefully consider the choice of law and seek legal advice to ensure it aligns with their interests and objectives.2. Analyze the benefits and challenges of international arbitration as a method of dispute resolution in international commercial law.答案：International arbitration offers several advantages as a method of dispute resolution in international commercial law. Firstly, it provides a neutral and private forum that allows parties to resolve their disputes outside of national courts, which can be advantageous when dealing with cross-border transactions. The use of arbitration can help avoid potential biases or preferences towards domestic parties. Secondly, it offers flexibility in terms of procedural rules, language, and choice of arbitrators. Parties can select arbitrators with expertise in the subject matter of the dispute, thus ensuring a fair and knowledgeable decision-making process. Thirdly, arbitral awards are generally enforceable across countries through international conventions such as the New York Convention, which enhances the enforceability and finality of arbitration decisions.However, international arbitration also presents challenges. It can be expensive, especially when parties need to hire specialized legal counsel and arbitrators. The lack of a formal appeals process can raise concerns about limited options for challenging an unfavorable award. Furthermore, cultural and procedural differences between parties involved from different jurisdictions can impact the efficiency and fairness of the arbitration proceedings. Despite these challenges, international arbitration remains a popular choice for resolving disputes in international commercial law due to its many advantages.3. Discuss the role of the World Trade Organization (WTO) in regulating international trade and resolving trade disputes.答案：The World Trade Organization (WTO) plays a crucial role in regulating international trade and resolving trade disputes among membercountries. Its primary objectives include facilitating the smooth flow of trade, promoting fair competition, and ensuring that trade policies are transparent and predictable. The WTO provides a framework for negotiating and enforcing trade agreements, such as the General Agreement on Tariffs and Trade (GATT) and various sector-specific agreements.One of the key functions of the WTO is dispute settlement. It offers a multilateral and binding dispute resolution mechanism that helps member countries resolve trade disputes in a fair and impartial manner. The WTO Dispute Settlement Body (DSB) consists of independent panels that hear and adjudicate trade disputes brought by member countries. The DSB's decisions are binding, and non-compliance can result in authorized retaliation or the imposition of trade sanctions.The WTO's dispute settlement mechanism has contributed to the resolution of numerous trade disputes, promoting stability and predictability in international trade. It has played a significant role in reducing trade barriers and ensuring compliance with agreed-upon trade rules. However, some criticisms include the length and complexity of the dispute settlement process, concerns about the influence of powerful countries, and the limited participation of developing countries in the decision-making process.Despite these challenges, the WTO remains an important institution for the regulation and resolution of international trade disputes. It continues to work towards a more inclusive and balanced international trading system....（继续回答4-6论述题）总结：本文针对国际商法教程期末试题及答案展开了详细的回答。

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

2023学年国际商务商务英语考卷(附答案)

专业课原理概述部分一、选择题（每题1分，共5分）A. 信用证B. 汇票C. 电汇D. 货到付款答案：DA. 世界贸易组织B. 国际货币基金组织C. 欧洲联盟D. 亚太经济合作组织答案：CA. 准备阶段B. 摸底阶段C. 僵持阶段D. 成交阶段答案：AA. 美元B. 欧元C. 英镑D. 俄罗斯卢布答案：DA. CFRB. CIFC. FOBD. DDP答案：A二、判断题（每题1分，共5分）1. 国际商务合同中，卖方负责办理出口手续。

（√）2. 在国际商务活动中，信用证是一种无条件的支付承诺。

（×）3. 国际商务谈判中，文化差异对谈判结果没有影响。

（×）4. 国际货币基金组织的宗旨是促进国际货币领域的合作。

（√）5. 国际商务活动中，关税壁垒是唯一一种限制进口的手段。

（×）三、填空题（每题1分，共5分）1. 国际商务活动中，以信用证方式支付货款时，银行承担的是______（第一性）付款责任。

2. 世界贸易组织的基本原则包括非歧视原则、______（最惠国待遇）原则和透明度原则。

3. 在国际商务谈判中，______（利益）是谈判双方关注的焦点。

4. 国际商务活动中，跨国公司通过______（直接投资）方式进入国外市场。

5. 国际商务合同中，______（仲裁）是解决合同争议的一种方式。

四、简答题（每题2分，共10分）1. 简述国际商务活动中信用证的作用。

答案：信用证是一种银行信用，为买卖双方提供信用保障，降低交易风险；有利于买卖双方解决交易中的信任问题；有利于买卖双方融资。

2. 简述跨国公司的组织结构类型。

答案：跨国公司的组织结构类型包括母子结构、兄弟结构、区域结构和全球产品结构。

3. 简述国际商务谈判中的文化差异对谈判的影响。

答案：文化差异影响谈判双方的语言沟通、非语言沟通、价值观、谈判风格和信任建立。

4. 简述国际货币基金组织的职能。

答案：国际货币基金组织的主要职能包括监督国际货币体系和汇率政策、提供技术援助和培训、为成员国提供资金支持。

国际商法试卷

一．单选1.Which of the following is NOT excluded from the coverage of CISG?A.the legality 合法of the contract.B.the competency资格of the partiesC.the rights of the the third partiesD.the formation构造of a contract2.Literary, artistic and musical works have to meet the following requirement in order to be qualified for copyright protection EXCEPT thatA.they should be the expression of the ideas and feelingsB.they should be able to be reproduced复制in material from.实际形式C.they should be originalD.they should be inventive.3.(C)Under the patent law of China,which is likely to receive4.Which of the statement about French Civil Law and German Civil Law Code is WRONG?A.German came out roughly a century later than French.B.The French was enacted in 1804.C.French was straightforward in terms of language, highly structured and technically precise.D.French basically set out general rules rather than detailed provisions.5. (D)A wrote to B and offered to sell him his set of antique cigarette cards installment of $150.Is there a contract?二．填空1.the major sources of international business law include national law , international treaties and conventions ,international model law and international trade customs and usages.2.Industrial property is in principle divided into two categories: inventions and trademarks.3.According to the time of payment, a bill of exchange can be either a sight bill or a time bill.4.In an FOB term, the seller must load the goods on board the vessel. Cost and risk are divided when the goods are actually on board of the vessel.一．名词解释1.Voyage charterparty (租船合同)A charter party for carriage of a full cargo, not for a period of time, but for one voyage only,between named ports. Charterer assumes no responsibility for operation of vessel but pays stevedoring（装卸）expenses in and out.Charterer is particularly concerned with the laytime, dispatch and demurrage2.OfferAn offer is a proposal by one person to another indicating an intention to enter a contract under specified terms.3.Demurrage (滞留)If charterer loads or discharges cargo in less time than the number of laydays allowed, he earns dispatch money（速遣费）at so much a day or part of a day saved. If he takes longer to load or discharge than the number of laydays allowed, he must pay demurrage at so much aday.二．翻译1．Article 101. An annual session of the shareholders’ assembly shall be held each year. Under any of the following circumstance, an interim shareholders’ assembly session shall be held within 2 months:年度股东大会必须每年都要召开，在以下任意一种情况下，临时股东大会必须在两个月内召开：(1)The number of directors is less than two-thirds of the number of directors as requiredby this Law or the number of directors as specified in the bylaw（细则）.董事人数少于法律所规定的董事人数的2/3或细则中所规定的董事人数。

国际商法(英文)试卷

XX工业大学2014/ 2015学年第二学期试卷 B 卷课程International Commercial Law XX ，班级，学号I.Please explain the following terms(5 point for each):(1) private international law(2)silent partnership(3)copyright(4)preferred stock(5)offer(6) a bill of ladingII.Please answer the following questions briefly(8 point for each):(1)The most important forms of national regulation include?(2)Please name the four basic functions the WTO serves?(3)Please name the three concerns ILO conventions and recommendations have dealtwith?(4) What are carrier’s duties under a bill of lading?(5) Why goods bought for personal, family or household use are excluded?(6)Describe and give comments on irrevocable and revocable letters of credit?III.Please analyze the following cases(10 points for the first one, 12 points for the second one):(1)On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25apiece. The letter also stated: “This offer is binding and irrevocable until February 1.〞On January 5, prior 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 my letter of January 1. I have decided to withdraw the offer contained in it.〞On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of Jan. 1.〞Is there a contract under the CISG?(2)State A is a member of ILO, but it has not ratified either the ILO Convention ConcerningFreedom of Association or the ILO Convention Concerning the Application of the Principles of the Rights to Organize and Bargain Collectively. Some workers within State A have lodged complaints with the ILO about their rights to associate and bargain collectively. Can the ILO’s Fact-Finding and Conciliation Commission consider their complaints?B卷参考答案I.Please explain the following terms(5 point for each):(1)private international lawPrivate international law is applied to the laws governing conduct between people (and corporations) from different states.(2)silent partnershipA secret relationship between two or more persons, one of whom carries on a business in hisname alone without revealing the participation of the other who has limited personal liability..(3)copyrightA copyright is title to certain pecuniary rights and, in most countries, certain moral rights fora specified period of time.(4)preferred stockPreferred stock entitles owners to a guaranteed dividend, a priority at the time of liquidation, or some other preference over ordinary shareholders.(5)offerAn offer is 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..(6)a bill of ladingA bill of lading I san instrument issued by an ocean carrier to a shipper with whom the carrier hasentered into a contract for the carriage of goods.II.Please answer the following questions briefly(8 point for each):(1)The most important forms of national regulation include (a) the regulation of competition; (b) the regulation of injuries caused by defective products;(c) the prohibition of sharp sales practices;(d) the regulation of labor and employment; (e) the establishment of accounting standards; (f) taxation.(2) The WTO serves four basic functions: (a) to implement, administer, and carry out the WTO Agreement and its annexes; (b) to act as a forum for ongoing multilateral trade negotiations; (c) to serve as a tribunal for resolving disputes; (d) to review the trade policies and practices of member states.(3)Please name the three concerns ILO conventions and recommendations have dealt with?ILO conventions and recommendations have dealt with three concerns. First, they have focused on the basic issues of labor protection, and the protection of women and children. Second, they have concentrated on setting up the basic machinery and institutions the tare needed to make labor protection effective. Third, they have worked to promote and protect the human rights and fundamental freedoms of workers.(4)A carrier transporting goods under a bill of lading is required to exercise “due diligence〞in :(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 ship in which goods are carried, fit and safe for their reception, carriage, and preservation; (d) properly and carefully loading, handling, stowing, carrying, keeping, caring for and discharging the goods carried.(5) Goods bought for personal, family and hoursehold use excluded for two reasons: (a) a double standard could arise if different rules governed sales by local shopkeepers to foreigners. (b) many local laws protect consumers, and that protection would be lost if CISG is applied.(6) Irrevocable letters of credit cannot be altered without the beneficiary’s express consent. Revocable letters of credit are revocable by the issuing bank. The former is preferred by beneficiaries because it provides the most security. The later is disliked by beneficiaries because it provides the least security.III.Please analyze the following cases(10 points for the first one, 12 points for the second one):(1)On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25apiece. The letter also stated: “This offer is binding and irrevocable until February 1.〞On January 5, prior 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 my letter of January 1. I have decided to withdraw the offer contained in it.〞On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of Jan. 1.〞Is there a contract under the CISG?分析：根据联合国国际货物销售合同公约的规定，本案中的合同没有成立。

(完整版)国际商法英语试卷

长沙理工大学拟题纸(A)课程编号拟题教研室（或老师）签名教研室主任签名……………………………密…………………………封…………………………线……………………………课程名称（含档次）国际商法英语（1---A卷）专业层次（本、专）本科专业英语专业考试方式（开、闭卷）开卷考生注意事项：答案一律做在答题纸上，否则无效Ⅰ. Judge whether the following statement are true or false. (10 × 2’ = 20’)1.At present, there is no uniform code on international business so national business laws of somecountries will be used to regulate international business relationship and deal with someinternational business disputes. ( ) mon law is a matrix of case law and statutes; it uses the jury system and the doctrine ofsupremacy to limit the actions of the government. ( ) 3.The civil law is the easier of the main legal traditions to be received, as it is encapsulated inconvenient codes and it deals primarily with private law that is of little threat to the localpolitical system. ( ) 4. A request or invitation to negotiate is an offer. It is only an expression of a willingness todiscuss the possibility of entering into a contract. ( ) 5.The contracting party who makes a promise is known as the promise; the one to whom thepromise is made is the promisor. ( ) 6.Acceptance of a unilateral offer is effective upon full performance of the requested act.Generally, no communication is necessary. ( )7.Goods bought for personal use are included under CISG. ( )8.Specific performance is one of the remedies unique to the seller. ( )9.Agent can perform legal acts that bind the principal. ( )10.Copyright is the primary method of protecting and rewarding inventions. ( ) Ⅱ. Put the following terms into English or Chinese. (15 ×1’ = 15’)大陆法系普通法系允诺的禁止反悔准合同损害赔偿金非违约方付款交单出口许可证firm offeroffereefranchisemost-favored-nation treatmentrestrictive trade barriersDispute Settlement Systempublic companyⅢ. Giving brief definitions of the following terms. (5 × 3’ = 15’)1.precedent2.consideration3.specific performance4.service mark5.trade secretsⅣ. Answer the following questions. (5 × 4’ = 20’)1.Consider the layout of an integrated circuit, which is copyrightable, the drawing of the circuit orthe actual circuit? Why?2.How many ways are there to terminate an offer?3.What are the duties of issuing bank in a L/C transaction?4.What are the functions of B/L in international transactions?5.What are the main international treaties dealing with patents?Ⅴ. Case analysis (3× 10’= 30’)1.Johnson took his daughter to Mike, a doctor, and asked Mike to operate on the daughter’s hand,which had been scarred in an accident. Mike said the girl would be in the hospital for three or four days and that the hand would probably deal within a few days. The hand became infected, and daughter was hospitalized for three months.Did the father win a suit for breach of a contract?2.Your contract with Sheikh Enterprises to sell it you office-equipment business under aninstallment sales contract requiring 12 monthly payment. Sheikh Enterprisers decides not to buy the business but knows of another party, A & N Corporation, interested in doing so. All three of you get together and agree to a new contract under which A & N Corporation agrees to purchase your business. Is the original contract discharged and replaced with the new contract?3.Bruce is hired as a booking agent for a rock group, the Crash, as the group’s agent. Bruce cannegotiate contracts for the rock group to appear at concerts. Are the contracts binding and legally enforceable against the group?。

国际商法试题及答案

国际商法试题及答案一、单项选择题（每题2分，共20分）1. 根据国际商法，以下哪项不属于国际货物买卖合同的主要内容？A. 货物的名称B. 货物的数量C. 货物的包装D. 货物的运输方式答案：D2. 在国际贸易中，以下哪个术语不属于国际贸易术语解释通则（Incoterms）？A. EXWB. FOBC. CIFD. DDP答案：D3. 在国际商法中，以下哪项不是合同成立的要件？A. 要约B. 承诺C. 合同的书面形式D. 合同的合法目的答案：C4. 根据《联合国国际货物销售合同公约》（CISG），以下哪项不是合同解除的条件？A. 根本违约B. 预期违约C. 合同的书面形式D. 不可抗力答案：C5. 在国际商事仲裁中，以下哪项不是仲裁程序的特点？A. 保密性B. 灵活性C. 强制性D. 专业性答案：C6. 在国际商法中，以下哪项不是代理关系的法律特征？A. 代理人的独立性B. 代理人的代表权C. 代理人的义务D. 代理人的权力答案：A7. 根据国际商法，以下哪项不是国际货物运输合同的主要内容？A. 货物的名称B. 货物的数量C. 货物的目的地D. 货物的保险答案：D8. 在国际贸易中，以下哪个术语表示卖方必须承担货物运至买方指定地点的所有费用和风险？A. DAPB. DDPC. EXWD. FCA9. 在国际商法中，以下哪项不属于合同的履行？A. 货物的交付B. 货款的支付C. 货物的运输D. 合同的解除答案：D10. 根据《联合国国际货物销售合同公约》（CISG），以下哪项不是合同违约的救济方式？A. 要求履行B. 要求赔偿C. 要求退货D. 要求解除合同答案：C二、多项选择题（每题3分，共15分）1. 在国际商法中，以下哪些因素可能影响合同的效力？A. 合同的合法性B. 合同的书面形式C. 合同的目的D. 合同的公平性答案：ACD2. 根据《联合国国际货物销售合同公约》（CISG），以下哪些情况可以作为合同解除的理由？A. 根本违约B. 合同的书面形式C. 不可抗力D. 合同的公平性3. 在国际商事仲裁中，以下哪些因素可以影响仲裁裁决的执行？A. 仲裁裁决的合法性B. 仲裁裁决的书面形式C. 仲裁裁决的可执行性D. 仲裁裁决的公平性答案：AC4. 在国际商法中，以下哪些行为属于代理行为？A. 代理人的代表行为B. 代理人的独立行为C. 代理人的义务履行D. 代理人的权力行使答案：AD5. 根据国际商法，以下哪些因素可能影响国际货物运输合同的履行？A. 货物的名称B. 货物的数量C. 货物的目的地D. 货物的保险答案：BCD三、判断题（每题2分，共10分）1. 根据国际商法，合同的书面形式是合同成立的要件之一。

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》合同法测验题(英)

《国际商法》合同法测验题专业班级：姓名：学号：Part 1: Give the Chinese or English equivalents for the following legal terms.( 30 points, 5 point each)1. CISG2. lex mercatoria3. letter of intent4.revocation of offer5. Estoppel6. exculpatory clause7. Jurisdiction8. Plaintiff9. Appellee 10. Liquidated damages Part 2: Decide whether each of the following statements is True or False. Write T if it is True, and F if it is False. (20 points, 4 point each)1. Under CISG rules, an advertisement is presumed to be an invitation unless the contrary is clearly indicted by the person making the proposal.2.Certain agreements which are shockingly unfair may be modified or set aside on grounds of unconscionability.3.If A offered to sell some land to the B for 5000, and B replied by offering to purchase the land for 4500, but A refused, and B agreed to pay 5000, the contract between A and B has been concluded.4.Charlie wrote ten of his fraternity brothers and offered to sell his textbooks with excellent margin notes for$25．Patty，who heard about the offer，wrote to Charlie accepting the offer and enclosed $25．This created a valid Contract.Part 3: Give brief answers to the following questions. (20 points, 10points each)1.What are the obligations of buyers and sellers respectively under CISG?2.What are the requirements for a valid contract?Part 4：Case Problem.(30 points)On September 21, Prentice Farm Supplies Co. received from Dayview Seed & Grain Company an envelope containing clover(三叶草) seeds. On the face of the envelope was written, “No. 1 Red Clover seed, 5,000 lbs（磅）, like sample. We are asking 24 cents per pound.” There was no covering letter（无附信件）.On September 23, Prentice wrote to acknowledge receipt of the sample. In its letter Prentice advised Day view that it had accumulated quite a stock of clover seed and preferred to wait a while “before operating further,”but stated that it might nevertheless be interested if Dayview could come down somewhat on the price.On October 4, Dayview wired Prentice: “We are now asking 23 cents per pound for the 5,000 lbs. of No. 1Red Clover seed from which your sample was taken. We have been made an offer of 22 3/4 cents per pound. s eed prices always fluctuate quickly.”On October 15, Prentice wired Dayview: “Your wire of October 4 is in our receipt. We accept your offer. ”At the time of this telegram the market price of No. 1 Red Clover seed was 25 cents per pound. Dayview immediately wired back, “Re yours of October 15, we have no deal.” Prentice then purchased 5,000 lbs. of No. 1 Red Clover seed on the market, at 25c/pound.Prentice now brings an action against Dayview based on the above facts. Discuss1。

国际商法练习题

选择题1．ADR refers to the following but（D）A. Conciliation B。

Good offices C. Mediation D. Litigation2．According to the Arbitration Law in China, the party may apply for set aside CIETAC award in the Intermediate People’s Court。

（B)A。

Where the respondent has place of business B。

Where CIETAC is located.C. Where the respondent has property.D. Where the respondent corporation is incorporated3．According to the Chinese Arbitration Law, the chairman arbitrator should be decided by. （ A )A. the parties common choice.B. the arbitrators appointed by the parties.C。

Neither A and B D. Both A and B.4．Under New York Convention，the national court may refuse to enforce foreign award based on the following conditions except。

（D）A. One of the parties to the arbitration agreement has some incapacity.B。

The party was not given proper opportunity to present his case。

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。

国际商务英语试题及答案

国际商务英语试题及答案一、选择题（每题2分，共20分）1. The term "FOB" in international trade refers to:A. Free on BoardB. Free of BoardC. Full of BoardD. Final on Board答案：A2. Which of the following is not a document required for exporting goods?A. Commercial InvoiceB. Packing ListC. Certificate of OriginD. Birth Certificate答案：D3. In international business, what does "T/T" stand for?A. Trust TransferB. Telex TransferC. Transfer TrustD. Telegraphic Transfer答案：D4. The most common method of payment in international trade is:A. Cash in AdvanceB. Letter of CreditC. ConsignmentD. Countertrade答案：B5. What is the meaning of "CIF" in international trade terms?A. Cost, Insurance, and FreightB. Cost, Insurance, and Freight to DestinationC. Cost, Insurance, Freight, and CommissionD. Cost, Insurance, Freight, and Taxes答案：A6. Which of the following is not a function of a commercial bank in international business?A. Letter of Credit IssuanceB. Foreign Exchange ServicesC. Insurance ServicesD. Documentary Collections答案：C7. The Incoterms rule that requires the seller to arrange for carriage but not insurance is:A. FOBB. CFRC. CIFD. CIP答案：B8. What is the abbreviation for "World Trade Organization"?A. WTOB. WBOC. WTOOD. WOT答案：A9. In international trade, the term "D/P" stands for:A. Documents against PaymentB. Direct PaymentC. Direct PurchaseD. Deferred Payment答案：A10. The document that proves the ownership of goods being transported is:A. Bill of LadingB. Air WaybillC. Sea WaybillD. Railway Bill答案：A二、填空题（每题2分，共20分）1. The ________ is an international treaty that governs the rules of international trade.答案：GATT2. When goods are sold on a ________ basis, the seller retains the title until payment is made.答案：Consignment3. The ________ is a type of documentary credit that allows the seller to draw the money before shipment.答案：Usance Letter of Credit4. In international trade, the ________ is the document that proves the goods have been loaded on board the vessel.答案：Bill of Lading5. The ________ is a document that lists the contents and details of each package in a shipment.答案：Packing List6. The ________ is a document that provides information about the origin of the goods.答案：Certificate of Origin7. The ________ is a document that shows the terms and conditions of a sale.答案：Sales Contract8. The ________ is a document that provides proof of insurance coverage for the goods being transported.答案：Insurance Policy9. The ________ is a document that lists the goods and their quantities, weights, and measures.答案：Manifest10. The ________ is a document that provides a summary of the financial transactions between the buyer and seller.答案：Statement of Accounts三、简答题（每题10分，共40分）1. Explain the difference between a "Proforma Invoice" and a "Commercial Invoice".答案：A Proforma Invoice is a document that serves as a preliminary invoice providing details about the shipment andis often used for customs purposes or as a reference for the buyer. A Commercial Invoice, on the other hand, is a legally binding document that outlines the terms of sale, includingthe price, quantity, and description of goods, and is usedfor customs clearance and payment purposes.2. What are the advantages and disadvantages of using aLetter of Credit in international trade?答案：Advantages include security for both the buyer and seller, as the payment is guaranteed by a bank, and itprovides a framework for the transaction. Disadvantagesinclude the cost of the bank fees, potential delays due to documentation issues, and the complexity of the process.3. Describe the process of a Documentary Collection in international trade.答案：In a Documentary Collection, the exporter ships the goods and submits the required documents to their bank, which then forwards them to the importer's bank. The importer'sbank releases the documents to the importer upon payment (D/P) or acceptance of a time draft (D/A).4. What is the role of a freight forwarder in international trade?答案：A freight forwarder acts as an intermediary between the exporter and various transportation services, arranging forthe transportation of goods, preparing necessary documents,。

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 international business law 双语课试卷

2016-2017 学年第 2 学期《国际商法》双语课程期末考试卷A 卷考试时间为：100分钟一．翻译题. 将下列短语翻译成中文（每小题 2分，共20分） (1) legal validity_________________ (2) Limited liability partnership____________ (3) Joint and several liabilities_________________ (4) Board of directors_______________ (5) Revocation of offer_______________ (6) Punitive Damages________________ (7) Liquidated Damages_______________ (8) Breach party ____________ (9) Order bills of lading______________ (10) The Seaworthiness of the Ship_____________ 二．判断题。

判断下列各题的正误，正确的在下面的括号内以“√”表示，错误的在下面的括号内以“X”表示（每小题2分，共20分） (1) Civil-law systems are based mainly on statutes. The majority of civil-law countrieshave assembled their statutes into one or more carefully organized collections called codes.(2) Common law refers to law and the corresponding legal system developed throughdecisions of courts and similar tribunals, rather than through legislative statutes or executive action.(3) Corporation is the relation which subsists between persons carrying on a business incommon with view of profit.(4) A limited partnership is a form of partnership similar to a general partnership, exceptfor one or more general partners, and there are one or more limited partners.(5) An offer is a statement by one party of a willingness to enter into a contract on statedterms, provided that these terms are, in turn, accepted by the party or parties to whom the offer is addressed(6) Under China Contract Law, a notice of acceptance becomes effective once it wassent out to the offeror.(7) Through Article 1(1) (a), the CISG applies when both parties to the contract of salehave their places of business in different states that are both contracting states.(8) CISG has broad scope of application, including certain specific kinds of sales such assale by auction, and certain specific kinds of goods, such as stocks, electricity, ships, hovercraft, and aircraft.(9) Under the Hamburg Rules, a bill of lading means a document which evidences acontract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document.(10) UCP 600 is regarded as an international practice and custom for internationalbusiness.三．简答题用英文回答下列问题（每小题5分，共30分）1. What is the source of international law? (List at least THREE forms)2. List THREE Common law countries and THREE civil law countries.3. What kind of factors should be considered if people want to set up acorporation or a partnership? (List at least THREE factors).4. What are the duties for board of director in a corporation? (list TWO duties)5. Under CISG, If the additional or different terms do materially alter the termsof the contract, the reply constitutes a counteroffer. Give a list of THREE such “materially changed terms”6. List THREE international treaties or conventions?四．案例分析题. 用英文回答下列问题（每小题5分，共15分）Case 1A company sent an offer toB company that it would sell 100 computers to B company for $200,000. B company wrote back that it would accept the computers for $150,000.Question: Is it an acceptance or counter offer? Why?Case 2Tom agreed to sell his computer to John for $10, but later he regretted to do so. He claimed that $10 wasn’t an adequate consideration.Question: Is the consideration adequate? Is it a valid or enforceable contract?Case 3A Chinese company X sent an offer to an American company Y on the morning of May 17, with the provision of irrevocable offer, and provided that only the acceptance made before May 25 was effective. Company X sent the withdrawal of the offer on the afternoon of May 17. The withdrawal reached company Y on May 18. company Y received X’s offer on May 19, and made the acceptance with telegraph. Later the two parties argued whether the contract was formed. Question: Was company X’s offer successfully withdrawn? (The law is CISG)五．论述题用中文回答下列问题（每小题15分，共15分）结合所学的国际条约和国际法渊源的相关内容，任选一你所了解的国际条约，简要介绍该条约的相关背景和主要内容，及其对从事国际商务的启示。

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.。

国际商法英语期末试题及答案

国际商法英语期末试题及答案一、选择题1. Which of the following is NOT a main source of international commercial law?A) International conventions and treatiesB) Domestic legislationC) Customary international lawD) Judicial decisions答案: B) Domestic legislation2. Which of the following is NOT an essential element of a valid contract?A) Offer and acceptanceB) ConsiderationC) CapacityD) Legality答案: C) Capacity3. In international trade, the "INCOTERMS" refer to:A) International copyright lawsB) International standards for product labelingC) International payment terms and shipping conditionsD) International tax regulations答案: C) International payment terms and shipping conditions4. Which of the following is a dispute resolution mechanism often used in international commercial contracts?A) MediationB) ArbitrationC) LitigationD) All of the above答案: D) All of the above5. The United Nations Convention on Contracts for the International Sale of Goods (CISG) applies to:A) Contracts for the sale of servicesB) Contracts for the sale of goods between parties in different countriesC) Contracts for the sale of goods within a single countryD) Contracts for the sale of goods between parties in the same country答案: B) Contracts for the sale of goods between parties in different countries二、简答题1. 请简要说明国际商法的定义和重要性。

国际商法(英文)试卷

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