Introduction to international economic law

1. Multiple-choice questions (there are 20 small questions in this big question, with each small question 1 point, totaling 20 points)

Of the four options listed in each question, only one meets the requirements of the topic. Please fill in the code in brackets after the title. Wrong selection, multiple selection or no selection will not be scored.

1. The agreement that constitutes the practice of North-South cooperation and replaces the Lomé Agreement is ().

A. General agreement on trade in services B. General agreement on tariffs and trade

C.d. Agreement of the Group of 77

2. The principle of abiding by the agreement is not absolute, and one of the restrictions is ().

A. Autonomy of will B. Compensation for breach of contract

C. Honesty and credit D. Environmental change

3. The following statements about the offer (offer) and acceptance (acceptance) of international contracts for the sale of goods are correct ().

A. silence constitutes acceptance. Distribution of the catalogue to the public constitutes an offer.

C. the proposal to conclude a contract to the public constitutes an offer D. according to the postal principle, the promise is irrevocable.

4. The following statement about Incoterms 2000 is correct ()

A. general principles relate to the consequences of breach of contract

B. Immunities covered by general principles

C. general principles apply to the sale of intangible goods

D general principles shall apply to the rights and obligations of the parties to a sales contract.

5. The following statement about "CIF Shanghai" is correct ()

Answer: the destination port is Shanghai B. The seller delivered the goods in Shanghai.

C. risks during sea transportation shall be borne by the seller. The buyer shall pay the insurance premium.

6. The following statement about set is true ()

A. Collection is a kind of bank credit.

B. the remitting bank bears the responsibility for payment.

There is an agency relationship between the remittance bank and the payer.

D. For the payer, D/A has more advantages than D/P..

7. The establishment of multilateral trade negotiations of the World Trade Organization GATT is ()

A.b. Doha Round negotiations

C.d. Tokyo round negotiations

8. Among the following commitments of China's service trade opening to the outside world, the horizontal commitment is ().

A. Commercial service commitment B. Providing services in the form of joint venture

C. Commitment on health and social services D. Commitment on tariff concessions

9. The following statement about "technology" in international technology trade is correct ()

A. technology is an abstract thinking. B. technology has physical characteristics.

C. technology is systematic knowledge. D. the technology that is traded is usually public technology.

10. The world organization aimed at promoting the transnational flow of international investment is ().

A. IMF B. WIPO

C. North American Free Trade Agreement MIGA

1 1. Before making every underwriting decision, the MIGA must review the investment environment of which of the following countries ().

A. Investor's home country B. Host country

C. the country of the insurer D. the country of nationality of the president of the institution

12. The international monetary legal system established in the late World War II is called ().

A.b. Basel system

C.d. Warsaw system

13. The general obligation stipulated in Article 8 of the Agreement of the International Monetary Fund refers to ().

A. Fixed exchange rate B. Removal of foreign exchange control on current account

C. Removing foreign exchange controls on capital accounts D. Using special drawing rights as reserve assets

14. The repayment source of the non-recourse project loan is ()

A. the money of the project sponsor B. the income generated by the project itself

C. Parent company of the project sponsor D. Registered capital of the project company

15. Which of the following belongs to the international securities issuance review system is ().

A. Single system B. Composite system

C.d. GSP

16. The following statement about tax jurisdiction is correct ()

A. A unified international standard has been formed on the identification of taxpayer's resident status.

B. China adopts the standard of the location of the actual management institution in the identification of legal person resident status.

C China only adopts the residence standard when determining the tax resident status of natural persons.

D. At present, most countries exercise citizens' tax jurisdiction.

17. country a and country b have concluded an agreement to avoid double taxation, but country a and country c have not yet concluded an agreement to avoid double taxation. An enterprise in country C set up a subsidiary in country B in order to obtain tax preference. This practice is called ().

A. Weakening of capital B. Applying tax treaties

C.d. Transnational movement of taxpayers

18. The following statement about the EU is true ()

A. The EU was established according to the Maastricht Treaty of 199 1.

B the Council of the European union is the executive body of the European union.

C Members of the European Parliament are currently composed of representatives elected by member governments.

D judgments of the court of justice of the European communities are not legally binding on member States.

19. According to China's arbitration law, the following statement about arbitration is correct ().

A. the arbitration institution has no legal jurisdiction. B. the arbitration award can be appealed.

C. mediation cannot be carried out in the arbitration procedure D. in order to ensure fairness, the arbitral award should be made public.

20.CIETAC is the English abbreviation of which of the following dispute settlement institutions ()

A. China Maritime Arbitration Commission B. China International Economic and Trade Arbitration Commission

C. China Hongkong International Arbitration Center Arbitration Institute of Stockholm Chamber of Commerce, Sweden

Second, multiple-choice questions (this big question has 10 small questions, each with 2 points, a total of 20 points)

At least two of the five options listed in each question meet the requirements of the topic. Please fill in the code in the brackets after the title. Wrong selection, multiple selection, less selection or no selection do not score.

2 1. According to the United Nations Convention on Contracts for the International Sale of Goods, if the buyer breaches the contract, the remedy that the seller can take is ().

A. Reduce the price B. Ask for the delivery of substitutes

C. claim damages D. declare the contract invalid

E. Requiring performance of obligations

22. According to the United Nations Convention on Contracts for the International Sale of Goods, the following statement about risk transfer is correct ().

A. before the goods are designated, the risk can be transferred.

B. The meaning of risk transfer is the transfer of loss burden caused by risk.

Whoever bears the risk will bear the loss of goods caused by the risk.

D if the goods are damaged after the risk is transferred to the buyer, the buyer can unconditionally cancel the payment obligation.

E. If the seller breaches the contract fundamentally, but the risk has been transferred to the buyer, the buyer cannot declare the contract invalid.

23. The following statement about the L/C issuing bank is correct ().

A. the issuing bank bears the main responsibility for payment. The issuing bank is obliged to pay the beneficiary.

C the issuing bank shall obtain the consent of the applicant when making payment. D. The issuing bank should follow the principle of strict conformity when making payment.

E. the issuing bank is the bank that issues the draft.

24. The contents of the World Trade Organization's General Agreement on Trade in Services commitment table include ()

A.b. Mode of service provision

C. Market access D. National treatment

E. Additional commitments

25. China as a member of the World Trade Organization, according to the classification of international trade in services, the sector that promises to open is ().

A.b. Recreation, culture and sports services

C.D. Health and social services

E. Environmental services

26. According to China's "Regulations on the Administration of Technology Import and Export", international technology trade contracts can be divided into ()

A. Technical service contract B. Patent right transfer contract

C. Patent licensing contract D. Patent application right transfer contract

E. technology secret transfer contract

27. "Hull principle" in the field of international investment law means that compensation should be levied ().

A. Appropriate

C. reasonable

E. effective

28. The following are generally regarded as tax havens ().

A. Switzerland B. Macau

C. Hong Kong D. Bahamas

E. Costa Rica

29. The following statement about the relationship between China and GATT/WTO is correct ().

A. China is one of the founding countries of GATT. China is one of the founding members of the WTO.

C China joined the WTO on 200 1. China insists on joining the WTO as a developing country.

E. China adheres to the principle of balancing rights and obligations.

30. According to China's arbitration law, the following statement is true ().

A the arbitration tribunal may be composed of three arbitrators or one arbitrator.

B arbitration shall be conducted in court, but the parties may agree not to hold a court session.

C. the arbitration tribunal may collect evidence by itself.

D. the arbitration tribunal may take property preservation measures.

E. the award is not accompanied by the reasons for the award; If the parties require it, it shall be specified.

Three. Short answer (there are 3 small questions in this big question, each with 5 points, totaling 15 points)

3 1. Briefly describe the principle of fraud exception and the elements of fraud.

32. Briefly describe the contents of the "prudential exception" clause on financial services in the financial services annex of the General Agreement on Trade in Services.

33. Briefly describe the safeguard measures that lenders usually take to ensure the priority status of floating charge.

Fourth, the essay question (this big question is 2 small questions, each small question 15 points, a total of 30 points)

34. On the purpose, characteristics and main domestic legal measures of international trade control of goods.

35. On tax jurisdiction in international tax law.

V. Case analysis questions (this question 15 points)

36. Zhongyida Company is a foreign trade company in China, and Beautiful Beauty is a foreign trade company in the United States. In July 2008, the two companies signed a furniture sales contract, CIF Tianjin, with San Francisco as the port of shipment and delivery in June+10, 2008. Before the end of August, the buyer will open a letter of credit in favor of the seller through the issuing bank, and the letter of credit will be valid until June+065438+1October 30, 2008. The issuing bank opened the letter of credit in time. Before the delivery date, the seller heard that the buyer was in financial difficulties due to the financial crisis, so he refused to perform the contract on the grounds of expected breach of contract. The buyer brought an action against the seller.

Q: The United Nations Convention on Contracts for the International Sale of Goods is applicable to this contract.

(1) Where does the seller deliver the goods?

(2) In this case, can the seller refuse to perform the contract on the grounds of the buyer's expected breach of contract? Why?

(3) What are the conditions for the issuing bank to pay the seller?

Reference answer

Introduction to international economic law:1c2d3d4d5c8B9c10d

Select above 21CDE 22bc23cd24abcd25ace26abcd28ade29abce30ade.

3 1. The so-called "fraud exception" means that banks are allowed to refuse to pay or accept bills of exchange on the premise of affirming the principles of independence and abstraction, and the court can also issue a payment injunction to prohibit banks from paying or accepting.

The constitutive elements of fraud exception are: ① fraud should generally be the victim's behavior; (2) Fraud should reach a substantial level; ③ Fraud must be an act with sufficient evidence to prove that it really happened.

The Annex specifically points out that for prudential reasons, members may take measures inconsistent with the provisions of GATS to protect investors, depositors, policy holders or financial service providers who have fiduciary responsibilities to them, or to ensure the integrity and stability of the financial system, which is called the "prudential exception" clause.

Introduction to international economic law

In the practice of international financing, in order to ensure the priority of floating charge, lenders usually take two safeguard measures: first, it is clearly stipulated in the floating charge agreement that borrowers shall not set other security rights equal to or prior to the lender's floating charge on the mortgaged property, and register the floating charge agreement, so that this restrictive clause has the effect against the third party; The second is to set a general security interest on the property with higher value guaranteed by the borrower.

Countries regulate their international trade in goods mainly for the following purposes: ① to protect and promote domestic production, increase employment and adjust industrial structure; 2. Stabilize the exchange rate and maintain the balance of international payments; 3. Guarantee and promote the development of foreign trade; 4. Serve political or diplomatic purposes.

Features: 1. It is the legalization of a country's foreign trade policy, which embodies the state's intervention in import and export trade; 2. Mainly through the formulation and implementation of domestic legislation and the conclusion and implementation of international treaties. 3. Its contents are mainly reflected in encouraging exports, restricting imports and improving domestic trade conditions.

Domestic legal measures: mainly divided into tariff measures and non-tariff measures. (1) Tariff measures Tariff refers to a tax levied by a country's customs on import and export goods passing through its customs territory according to the laws of that country. Tariff measure is an ancient and widely used foreign trade management measure. Non-tariff measures Non-tariff measures refer to all other legal or administrative measures that directly or indirectly restrict the import of foreign goods except tariff measures.

Tax jurisdiction refers to the power of a government to levy taxes, which is the embodiment of national sovereignty in the tax field. In terms of income tax and general property tax, the tax jurisdiction advocated by countries based on the personal effect of sovereignty is manifested as the tax jurisdiction over residents and citizens, while the tax jurisdiction advocated based on the territorial effect of sovereignty is the tax jurisdiction over the source of income and the jurisdiction over the location of property.

Case list analysis

1 The seller will deliver the goods when crossing the ship's rail in San Francisco.

No, because the buyer opened the letter of credit in the name of the seller, and the seller fulfilled the contract unconditionally.

The payment terms of the issuing bank are as follows: a letter of credit issued by the buyer in favor of the seller, and b sales contract documents between the two companies.