北京外国语大学法学院国际经济法习题.doc

北京外国语大学法学院国际经济法习题

2007年9月

Chapter One: Introduction to IEL

1.Retell briefly the historical reasons and social motives that lead to the development of

international economic law.

2.Retell briefly the international economic interdependence between nations before WWII and the

international economic law during that period.

3.Based on the new development of international economic law since WWII, give a description of

how IEL would develop in the new century.

4.Try to give 10 concrete examples of international public law, international private law,

international economic law and international business practice. Conclude from the examples how these four behavioral laws/practices are similar to or different from IEL.

5.Make a good sense of the realistic importance of studying IEL and relate to your responsibilities

as an IEL student.

Chapter Two: International Trade in Goods

1.Hudson Mini-fridge Co. Ltd. Is one of the leading manufacturers of small refrigerators in Canada. The refrigerators are used primarily in hotels or motels as “minibars."Hudson of Churchill, Manitoba is the sole Canadian manufacturer of mini-refrigerator

Mini-fridges are sold to hotels, recreation vehicle users and individuals through retail outlets. However, the hotel market is , by far, the largest user accounting for over 60 per cent of all mini-fridges sold in Canada. Hudson's entire output consists of mini-type refrigerators and is sold entirely for hotel use.

The company was incorporated in 1982. The establishment of the company followed a feasibility study which indicated that the Canadian market had a potential of approximately 15,000 minibars per year in its 300,000 hotel/ motel rooms, 80,000 of which are found in 3-to 5- star hotels. At that time, although they were quite common in the European hotel industry, the minibars were relatively new products in Canada; the majority of minibars were being supplied by Electrolux of

West Germany and Elektrosuisse of Italy, with a few being supplied from of “Antarctic"of Slovenia.

Hudson was set up specifically to produce hotel mini-bars for the "MicroFRIG" franchise system” developed by MicroFRIG SpA of Italy Hudson purchases other certain parts from MicroFRIG with payment by Documentary Letter of Credit. Hudson purchases other components in Costa Rica with final assembly at its plant in Churchill.

Hudson's major competitor is "Antarctic, "an exporter of Slovenian mini-refrigerators. Hudson has been noting a severe decline in sales in recent years and has come to suspect the “Antarctic” has been selling below what it actually costs to produces these goods in Slovenia. The special import Measures Act states that the production of like goods refers to those goods that are identical to the dumped goods, or, in the absence of identical goods, to those goods whose uses and other characteristics closely resemble those of the dumped goods. Admittedly, there are some minor differences in appearance and construction of the outer shell between the dumped and the domestically produced mini-fridges. The differences may render the two non-identical, but in the view of Hudson, they are certainly alike since both share their essential features, uses and characteristics.

a.Antarctic does not have a sales office in Canada but an English language website that proudly

waves an animated Canadian flag. Payment is accepted in Canadian dollars. In addition, they have a toll-free number that rings in Slovenia and is answered by English-speakers during

normal Canadian business hours. If the Sleep Easy Hotel in Ottawa orders 100 mini-

refrigerators from Slovenia will a Canadian court exert jurisdiction over the case?

b.Hudson became quite concerned about their declining market share, They purchased several

units from Antarctic, took them apart and priced each component using Slovenian components, Mexican components and then with Chinese components. Further, Hudson had an investigator purchase a unit from Antarctic in Slovenia. What they have discovered is that the Antarctic mini-fridge is being sold in Canada at a price less than it sells for in Slovenia. What advice can you give to Hudson?

2.You have delivered a shipment of goods to a foreign country. The goods have been damaged and are no longer useable. The foreign buyer refuses to pay, claiming that the problem was inadequate packing on your part. You are sure that the problem was inadequate handling and storage procedures at the shipment's destination. What are your options for securing redress? What terms should have been included in the original contract to protect your interests in this case?

3.You are a domestic producer of household consumer items. Over the past year, Your business has faltered because of the appearance of similar items produced in a developing country and imported into Canada at extremely low prices. You suspect unfair competition. What procedure do you follow to protect your business?

4.What are the four different ways for a firm to enter a foreign market? Provide a brief description of each of these foreign market entry strategies.

5.What is " force majeure?”