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 IEL1.Retell briefly the historical reasons and social motives that lead to the development ofinternational economic law.2.Retell briefly the international economic interdependence between nations before WWII and theinternational economic law during that period.3.Based on the new development of international economic law since WWII, give a description ofhow 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 responsibilitiesas an IEL student.Chapter Two: International Trade in Goods1.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-refrigeratorMini-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 ofWest 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 proudlywaves 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 duringnormal 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 severalunits 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?”6.The Grand Duchy of Monrovia is one of Central Europe's smallest and most impoverished nations. At one time, it even considered declaring war on the United States in order to intentionally lose and then become the beneficiary of America's largess in the form of the generous economic aid that the US usually showers upon the nations that it has conquered, The Grand Duchy's sole export is an excellent red St. Laurent. Everything else must be imported. In order to monitor imports, it requires that all imports must be accompanied by a document known as a (n).This document helps Monrovia's customs service assess duties, clear the goods and gather trade statistics.a.consular invoice.b.bill of lading.c.export license.mercial invoice.7.A Canadian business involved in contracts outside of Canada's bordersa.May be subject to Canadian lawsb.May be subject to foreign lawsc.may be subject to treaties and conventionsd.All of the abovee.None of the above8.A bill of lading is aa.receipt.b.contract.c.document of title.d.all of the above.9.If a business engages in the international distribution of a producta.It is protected by Canadian law from being subject to the law and regulations of other countriesb.It is exposed to the laws and regulations of other countriesc.It is prohibited from importing foreign products into Canadad.It is exempt from tax on income earned on foreign sales10.Goods imported into Canada are not subject to Canadian law.11 .There is no risk associated with doing international business.12.The law of contracts has no part in international trade.13.The t rade term "FOB” stands for "Fresh off the Boat”14.As of 2004,63 countries were party to the CISG15.Contracts for the sale of goods must be in writing if they are to be governed by the international sale of Goods Act (Vienna Convention)16.The Vienna sales convention does not apply to govern the validity of an international sale ofgoods contract.17.The convention on contracts for the International Sale of Goods provides a practical alternative to the domestic laws of the contracting parties who cannot agree on the applicable law.18.Michelle Gaudette, an export consultant, has recently been hired by William Edwards to assist him in making his company “export ready”, Among her duties, was the creation of a number of pro forma documents that William would use when the first international order comes in . William is extremely confident that this could happen "any time soon". He has recently returned from a number of trade shows in Liechtenstein and South Asia where his product has been well received, He is confident that orders will soon be rolling in . Describe for William the name of the document, which is a bill for goods from the seller to the buyer that contains the description of the goods, the address of the buyer and seller, and delivery and payment terms, This document is known as a19.Goods imported into Canada are subject to the Act and the Act.20.Certain goods from certain countries enter Canada free.21.The Act deals with product dumping.22.The Act controls the amount of cheaply produced and other goods into Canada.23.The least risky method of doing business internationally is or24.A Bill is an essential part of an international sale.25 - Yun-jung Hu has lived in Vancouver for most of his adult life. He is a budding restaurateur and hoped to purchase an existing Chinese food restaurant specializing in Szechuan and Hunan style-cooking. One day, an urgent family matter required him to return to his village in rural China. In his village, there is only one phone (at the post office)that works, along with the electricity and the water, only sporadically, There is no fax or email . Yun-jung was not scheduled to return to Canada for at least six weeks, While he was gone, his sister received an urgent phone call from Bob, the real estate agent assisting Yun-jung in locating a suitable restaurant. Apparently, Bob had found a suitable restaurant at a "steal” of a price. However, Yun-jung had to act fast. Bob was disappointed to leam that his client was in China and could not be reached. Advise Yun-jung's sister.26.Melissa owns a very successful woman's fashion shop in the York Ville district of Toronto.She carries the latest fashions from Europe and New York and she regularly attendsinternational fashion shows to view and purchase the spring and fall haute couture collections for her wealthy clients. Although Melissa has a very successful business, she always has her eye on the bottom line. When she travels to Paris, Melissa always flies economy, takes the Metro and stays at budget hotels such as the Ibis (a modest two-star hotel)and eats at bistros and sidewalk cafes. Last year, she was unable to attend the spring shows in Paris at Lagerfeld and Channel and in her place sent her sister. Magda, who helped out occasionally in the store.Melissa gave Magda instructions to spend no more that C 100,000 on the fall collection.Magda had never been to Paris before and went wild. First, she flew first class to Paris. Shetook a chauffer driven Mercedes 600 limousine from Orly and stayed the Georges V, aluxurious 5-star hotel in downtown Paris not far from the Champs Elysees at cost of over C 550 per night. She lunched at three-Star Michelin restaurants and dined at four and five-star restaurants before dancing the night away at Paris's top nightclubs where she and her newfriends consumed copious quantities of Dom Perignon. Magda ordered more than C 1000 000 of clothing and when she returned, gave Melissa the bill for her extravagant trip. AdviseMelissa.27.A principal could be liable for the acts of an agent who exceeded his or her actual authority onthe basis of:a.apparent authority.b.Express authority.c.Necessity.d.Implied authority.28.Which of the following is not an implied obligation or duty of an agent to his/her principal?a.to demonstrate good faith.b.To act with competence and diligence.c.To pay reasonable expenses of the agency agreement.d.To protect confidentiality.29.An agency by agreement is one in which the agent derives her power froma.actions of the principal that lead third parties to reasonably conclude an agency relationshipexistsb.adoption by the principal of the contract entered on his behalf by the agent although she did nothave authority at the time when she acted as agent.c. A contract between the principal and the agentd.Agreement by the third party to be bound by commitments made to the agente.Circumstances that necessitated acting without authority from the principal.30.When an agent acts for a principal to enter a contract with a third party, the parties to thecontract thus formed area.the principal and the agentb.the principal and the third partyc.the agent and the third partyd.the principal, the agent, and the third partye.None of above31.If an agent enters into a contract with a third party, who is ordinarily liable?a.the agentb.the principalc.the third partyd.any witnesses to the contract.32.If the principal fails to give notice to third parties when an agency relation ship is terminate.a.the principal will be bound by any contracts entered with third parties by the (former )agent,that were formed through the agent's exercise of apparent authorityb.the agent will not be able to bind the principal in any contractual dealings with third partiesc.the principal will not be able to sue the (former )agent for continuing to act as an agentd.The principal cannot be bound to any contracts entered with third parties because the agencyno longer exists.33.Which of the following is a necessary part of the agency relationship?a.Principalb.Buyerc.Sellerd.Franchisor34.Mr. Smith recently fired his sales agent, Mr. Tang. Mr. Smith told him that he no longer hasany authority to make any deals for Mr. Smith, By doing so , Mr., Smith has adequatelyprotected himself from Mr. Tang making any more deals on his behalf.35 . An agent must be a living person.36- The disadvantage of an agency agreement is that it is not legally binding.37.An agency agreement must be set out on paper.38.The principal is bound by the actions of the agent.39.If an agent exceeds his/her authority, the principal has little or no recourse.40.The agency relationship is generally created by contract, either or in41 • The advantage of a written agency agreement is that42. A is a common from of contract in which the principal grants power to the agent to enter intolegal relationships on his/her behalf.43.If duties are carried out properly, then the will be generally bound by the acts ofThe _______44• The agent must follow the instructions of the45- Without clear instructions the agent must46.If an agent's intention was to defraud a third party, the third party would have an against theagent in question.47.If an agent innocently makes a false statement, the third party could choose to the contract, onthe basis of an innocent misrepresentation.48.Seller, whose place of business is in Sate A, and Buyer, whose place of business is in State B ,enters into a contract that stipulates that the UN Convention on Contracts for the International Sale of Goods applies. Neither State A nor State B is a contracting state. Does the Convention apply?49- Retailer in State A decides to go into the catalog sales business in State B. Both countries are parties to CISG. Retailer purchases a mailing list from Ace Credit Card Company. The list has the names and addresses of 500,000 persons owning Ace credit cards in State B, and Retailer uses this to prepare mailing labels. John Q. Public receives a catalog addressed to himpersonally from Retailer. The catalog describes various types of widgets and gives prices for each one. Has the Retailer made an offer to sell the widgets? If John accepts, will there be a binding contract?5(). On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $ 25 apiece. The letter also stated:" This offer is binding and irrevocable until February I”.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 January 1.” Is there a contract under CISG?51.On December 1, Seller sent to Buyer an offer to sell 5,000 widgets to Buyer for $ 25 apiece,The offer stated." The price is too high , I don't accept your offer.” Then, on December 15, Buyer changed his mind and sent a telegram stating： "I accept your December 1 offer after all.” Seller replied： "Your acceptance is good, since you promised to keep your offer open until December 31/Is there a contract under the CISG?52.Buyer received a letter in her mail on January 1 offering to sell Buyer 5,000 widgets for $ 20apiece. 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.v Buyer did not reply . Seller shipped the widgets on February 1. What are Buyer's responsibilities under CISG?53.Seller and Buyer entered into a written contract for the manufacture by Seller of 10,000widgets 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 widgets, Buyer and Seller agreed by telephone to a change in thespecifications for 2,500 of the widgets. Seller then produced and delivered the 2,500 widgets as specified. Buyer refused to accept them because they did not conform to the specifications in the original contract. Assuming C1SG applies, who breached?54.Buyer and Seller entered into a contract governed by CISG for Seller to deliver a sophisticatedcomputer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on Januare2： "Anxious to take delivery of the computer. Hope that it arrives byFebruary I." Seller delivers the computer on February 5, but Buyer refuses to accept it anddeclares 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 . Is buyer able to avoid the contract under these circumstances?55.Dealer in the United States owned a cargo of 10,000 barrels of oil that had been shipped fromMexico on January 1 for arrival in the United States on February 1. On January 15, Dealer informed Buyer that the oil was en route and they concluded a contract. On arrival , inspection showed that the oil had been contaminated by seawater at some indeterminate time during the voyage. Assuming CISG applies, who bears the risk?56.Seller agreed to deliver three software programs to Buyer that are specially designed forBuyer'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 programseffectively worthless- Seller was unable to correct the defect , and no suitable replacement could be found from another supplier. What CISG remedies are available to Buyer?57.Seller contracted to deliver 1,000 barrels of oil to Buyer for $ 14,000. When the oil arrived, 975barrels complied fully with the contract description. Twenty-five were contaminated andunacceptable. Oil in comparable barrels was available in the local market for a price of $ 18 a barrel in 25-barrel lots. Seller offered not to charge Buyer for the barrels. Is there a contract under CISG? If so , what payment is due Seller?Chapter Three: International Trade in Services1.State A, an Eastern European country, is in the process of transforming its command economyto a market economy. It is also a WTO member state that has granted market access to itsfinancial services sector to foreign banks. Unfortunately. It recently began to have difficulty with its balance-of payments obligations. After notifying the GATS Council on Trade inservices and the International Monetary Fund, it issued a decree restricting the right of foreign banks to transfer funds abroad. It put no similar limitations, however, on its own banks or on the banks of other Eastern European countries making the transition to market economies. Big Bank , a bank with its place of establishment in State B and a branch in State A, objected to the State A decree and sought the help of State B to get State A to modify or rescind its decree.State A has contacted State B for consultations and both parties have notified the WTO Dispute Settlement Body of their intent to engage in consultations. How should this dispute be resolved?Explain.2.State C is a WTO member state and a party to NAFIA. It has made no specific agreementsunder either GATS or NAFIA as to its road transport sector. Now, tow fright companies, one from State D (a WTO member state) and one from State E (a party to both the WTO andNAFTA),wish to provide overland freight transportation services in State C using trucksoperating out of terminals in their states of establishment. May they do so ? if so , to whatextent? Explain.3.State A has not ratified either the ILO Convention Concerning Freedom of Association of theILO Convention Concerning the Application of the Principles of the Right to Organize andBargain Collectively. Several workers within State A have lodge complaints with the ILO about their right to associate and bargain collectively. Can the ILO's Fact-Finding and Conciliation Commission consider their complaints?4.Armstrong worked for a United Nations specialized agency in Geneva for 7 years. As part ofhis job , he tracked the civil rights activities of the agency's member states. One state did not appreciate his listing of certain civil rights abuses that he alleged that country was perpetrating against its nationals. The country refused to pay its dues to the agency unless he was fired. The Secretary-General of the agency then fired him. Armstrong appealed this decision to the ILO's Administrative Tribunal , which was jurisdiction over these kinds of disputes. Armstrong asked the Tribunal to order the agency to rehire him; or, if it could not, then to order the agency to pay him compensation for the loss of his job. How should the Tribunalrule? Discuss.5.Barton works as a freelance reporter covering stories in State F, a member state of the Europeanunion(EU). Her revealing stories, which she sells to a variety of progressive independentnewspapers throughout the EU, have caused a great deal of embarrassment to a certain Minister in the State F government; and the Minister has asked the State F Parliament to pass a lawforbidding foreign news reporters from working in State F Attorney General for an opinion on the legality of the Minister's request in light of State F's membership in the EU. What advice should the Attorney General give Parliament? Discuss.6.Caruso, a national of State G, is licensed to be a lawyer in that state. Caruso , however, wants towork as a courtroom advocate in State H. May Caruso do so , despite the fact that State H has a law that says only citizens my be courtroom advocates in State H? (Both State GF and State H are members of the European Union.)Discuss.7.Dickens is a dual national of the United States and Ireland. The United States has a prohibitionon travel and employment of U.S. .nationals in Cuba. If Dickens goes to work in Cuba using his Irish passport to enter and leave Cuba, may the United States take any action against Dickens?Discuss.8.The faculty of Public University (PU), located in State I , has invited Karl Engels, a“revolutionary Marxist” from State J, and Bishop Biggott, an advocate of apartheid from State K, to Participate in a symposium at PU・ Both individuals have agreed to attend , but both have been denied visas to enter State I by that state's Foreign Ministiy The Ministry acted according to State I law, which grants the Ministry authority to deny visas for reasons of public policy, public safety, or public health, The PU faculty petitioned the Ministry for a waiver, but the Foreign Minister refused to grant it. The faculty members have now brought a suit claiming that(1) their rights under State I's Constitution (that guarantees both freedom of speech and freedomof assembly)to hear the viewpoints of Mr. Engels and Bishop Biggott have been denied and (2) that the government has no basis on which to deny either applicant admission to State I. Will the faculty succeed on either of these grounds? Discuss.9.Americana, Inc. a large multinational corporation with its headquarters in the United States, hasa subsidiary in Tokyo. It refuses to appoint any Japanese nationals to the senior executive postsof the subsidiary, claiming that it is specifically allowed to do so by the 1953 Japanese -United States Friendship , Commerce, and Navigation Treaty. Is this true? Explain.10.Edison , an employee of big corporation , works for Big at its subsidiary in Slate Y. Edison isan American citizen and Big is an American corporation • Big fires Edison because he is a member of a racial group that is generally despised in State Y. Edison now brings a suit in the United States claiming that his American civil rights have been violated. Have they? Explain.Chapter Four: Intellectual Property Rights and Transfer of Technology1.What is Intellectual Property?2.What is passing off? some thing that would be Intellectual Property?4.What are the requirements for a Patent?5.what is a trademark?6.what is necessary for registration of a trademark in Canada?7.What are “normal rights?”8.You have just come up with a great idea for a Board Game. Just when you thought you have itall worked out, you find out that someone else has marketed a similar board game in the UK.You don't know the other guy. Do you have a Copyright infringement claim against him? Now what if you had actually marketed the game and registered the Copyright but sold it to kids and had bombed and dropped it. A friend of yours 10 years later picks it up markets it to Yuppies and makes a mint. What do you do now ?9.What is the registration periods for the types of intellectual property that are statutorilyrecognized in Canada?10.What is a franchise?IL What is a licensing agreement?12.If Francesca invents a new process for recording music, she will likely apply for a :a.patent.b.Trademark.c.Copyright.d.Industrial design.13.The rights of an author or artist with respect to his or her creation is governed by the law of:a.patents.b.Copyrights.c.Trademarks.d.Industrial designs14.A street vendor on Bloor Street is selling fake "Rollex”watches. Under which area ofintellectual property would the Rolex Company likely seek a remedy?a.Copyright.b.Trademarks.c.Patent.d.Industrial design.15.Which is false? Intellectual property right may be protected by :a.maintaining secrecy.b.Registration.e of a confidentiality clause.d.Assignment.16.Bunny's has designed a uniquely shaped walker for senior citizens, which can be collapsed and,with the aid of two levers, used as a chair. Bunny's design is in commercial production under the name of Supportive Stroller. Which types of intellectual property would most likely apply to Bunny's creation?a.Patent; copyright; trademark.b.Copyright; trademark, industrial design.c.Trademark; industrial design; trade secret.d.Patent; trademark; industrial design.17.Which is not a remedy for infringement of intellectual property rights?a.An accounting for profits.b.An injunction.c.Specific performance.d.Damages-18.Passing off isa.Incitement to break the contractual obligations of anotherb.Presenting another's goods and services as one's ownc.The public utterance of a false statement of fact or opinion that harms another's reputationd.The utterance of a false statement about another's goods or services that is harmful to thereputation of those goods or services.19.A Trademark is。