名詞解釋
非歧視原則.CFR.單證嚴格相符原則.特別提款權.單獨海損.關稅減讓原則.原產地規則.
注冊資本
二.論述題
1.試述國際經濟法的調整對象與法律特征
2.簡述國際經濟法的主要法律淵源,并請舉例說明之
3.如何理解國際貨物買賣中的權利擔保原則
4.試述投資保護協定的法律含義與主要內容
三.案例題(中文回答)
INTRODUCTION
Answer in Chinses the following questions after you read the cases.You must
answer them prexisely to the point,Put forward the various basic principles
of international trade law to support your argument
Case1 On Julu 10,a Chinese company sent an offer by telex to an American
company:selling 300 tons coffee beans,each metric ton at the price of USD
1,900CIF New York,firm offer standing for 2 weeks.On July 22,the Chinese
company leaned that the price of coffee beans on the international market
has raised by 30%.Just only on the morning lf July 22,the US company telexed
back an acceptance.
Questions:
1)Can the Chinese company raise the price of coffee beans from USD 1,900 per
ton to USD 2,500 per ton?
2)Dose the offer have legal binding force towards the offer (the Chinese
company)?In this case,can the offerer withdraw his offer?
Case 2 On November 10,1990,A(a Chinese forergn trade company,the seller and B
(an American company,the buyer)reached an agreement in terms of price,quantity
,quality,payment and shipment of certain product by exchange of fax between
them.Tow days later,A,as usual,mailed aletter of comfirmation to B and asked
B to return the letter having it signed,B found that the price in this letter
was somewhat different from that had been during the process of communication.
So B refused to sign the letter of comfirmation and asked A to deliver the on
.So B refused to sign the letter of confirmation and asked A to deliver the
goods according to the terms as previously settled by fax.A held that it was
under no obligation to supply the goods since they haven't entered into a
formal contract in accordance with the Law of Foreign Economic Contract of
China and international practice
Questions:
1)What is the main issue in this case?
2)If A brought the case before a Chinese people's court and if you were the ju
dge in handling the case ,how would you choose the applicable law to resolve
the dispute?
南京大學2000年碩士研究生入學考試國際經濟法
一.名詞解釋
TRIMS.投資保護協定.外商投資股份有限公司.股權式合營企業."根本違反合同"
適航責任.國際許可證協議.替代國制度
二.論述題
1.根據我國法律規定,簡要說明外商投資企業在我國取得土地使用權的主要方式及其不用特
點
2.簡述國際貨幣基金組織的法律地位和國際貨幣基金協定的基本原則
3.<1990年國際貿易術語解釋通則>的主要特點是什么
4.試述關稅在GATT中的法律地位
三。案例題
INTRODUCTION
Aswer in Chinese the following questions after you read the cases.You must a
nswer them precisely to the point.Put forward the various basic principles o
f the laws to support your argument.
Case 1
In June 1990, a Chinese trading company concluded a joint venture contract w
ith a foreign industrial company.Under the contract,the two parties woukd mak
e joint investment to establish Grant Hotel of New Century with the
total investment of USDTen million and registered capital of USD five milli
on.Each party must contribute 50% of registered capital.
After the approval of joint venture contract,the Chinese party performed the
obligation of contributing capital.However,the foreign side failed to contr
ibute any capital by the end of December.When the construction of major buil
ding of hotel was completed in Augest 1991,the foreign party remained failur
e to contribute capital,which resulted in the great loss of the Chinese canc
ellation of the joint venture contract.At the same time,the Chinese side sugb
mitted the disp
ute to the arbitration body in Beijing according to the arbitration clause i
n the contract,claiming for damages from the foreign side.
Question:
1)Did the Chinese company have the right to cancel the joint venture contrac
t/Why?
2)How to deal with the dispute concerning the loss or damage?(Suppose you we
re an arbitrator of the arbitration body,please give your opinion to the cas
e)
Case 2
A Chinese company and a Hong Kong company reached a joint venture agreement
to establish a hotel at the end of 1989 in China.The total investment contri
buted ty the two parties equaled $2 million and each party ,respectively,sha
red 50% equity of the joint venture,In July 1990,the Hong Kong company declar
ed bankruptcy in Hong Kong.Later,the Hong Kong c
ompany entered into a new agreement with the third party for assignment(tran
sferring)of its equity of the joint venture to the latter so as to repay a d
ebt from the assignment.The assignment agreement was submitted to the local
government for approval.Having discovered what had happened,the Chinese comp
any requested the Hong Kong company to cancel the assignment agreement and pr
oposed to receive the Hong Kong party's equity in the same conditions.
After such request and proposal were refused by the Hong Kong company,the Ch
inese company filed a lawsuit against the Hong Kong company.
Questions:
1)Was the said assignment agreement effective under Chinese law?Why?
2)What was the right of the Chinese party in the matter of Hong Kong party's
equity assignment under Chinese law?
se company have the right to cancel the joint venture contrac
t/Why?
2)How to deal with the dispute concerning the loss or damage?(Suppose you we
re an arbitrator of the arbitration body,please give your opinion to the cas
e)
Case 2
A Chinese company and a Hong Kong company reached a joint venture agreement
to establish a hotel at the end of 1989 in China.The total investment contri
buted ty the two parties equaled $2 million and each party ,respectively,sha
red 50% equity of the joint venture,In July 1990,the Hong Kong company declar
ed bankruptcy in Hong Kong.Later,the Hong Kong c
ompany entered into a new agreement with the third party for assignment(tran
sferring)of its equity of the joint venture to the latter so as to repay a d
ebt from the assignment.The assignment agreement was submitted to the local
government for approval.Having discovered what had happened,the Chinese comp
any requested the Hong Kong company to cancel the assignment agreement and pr
oposed to receive the Hong Kong party's equity in the same conditions.
After such request and proposal were refused by the Hong Kong company,the Ch
inese company filed a lawsuit against the Hong Kong company.
Questions:
1)Was the said assignment agreement effective under Chinese law?Why?
2)What was the right of the Chinese party in the matter of Hong Kong party's
equity assignment under Chinese law?
南京大學2005年國際經濟法綜合考研試題
不好意思我只總結了一下 我喜歡的專業，可以去看看 也許有你們需要的，不過都是試題了。