国际商法简答题

导读:16.Bankforinternationalsettlement(BIS)国际,1.Whatisinternationallaw?Defined:ThebodyofrulesandnormsthatregulatesactivitiescarriedonoutsidethelegalboundariesofnationsItregulatesthreeinternationalrelatio

国际商法简答题

1.What is international law?

Defined: The body of rules and norms that regulates activities carried on outside the legal boundaries of nations

It regulates three international relationships: 1) Those between states and states 2) Those between states and persons 3) Those between persons and persons 2. Sources of international law? 1. Authorized Sources:

1) International conventions,2) International custom,

3) General principles of law. 4) Judicial decisions and Teachings of publicists. 2. Treaties and Conventions: ?条约,公约?

1) Treaties are legally binding agreements between two or more nations.

2) Conventions are binding agreements between states sponsored by international organizations. 3. Custom

Rules that have been around for a long time or which are generally accepted. 4. General Principles

General principles of law that are common to both (or all) the state parties to a dispute

3. Product liability laws ?产品责任法

Product liability laws attempt to discourage manufacturers from putting defective products into the marketplace by requiring them to assume liability for the injuries their products cause.

There theories are commonly relied upon to do this: (依据)

1).bread of contract 2).negligence 3).strict liability 6.Copyrights, Patents, Trademarks?

A copyright is a statutory right that gives the author of an artistic work, for a limited period, the exclusive privilege of making copies of the work and publishing and selling the copies.

A]. Pecuniary Rights B]Moral Rights C] Works Covered D] Neighboring Rights A statutory privilege granted by the Government to inventors, and to others deriving their rights from the inventor, for a fixed period of years, to exclude other persons from manufacturing, using, or selling a patented product, or from utilizing a patented method or process.

A] Design patentsB] Plant patentsC] Utility patents

Any word, name, symbol, or device that merchants and others use to identify themselves and their products

A]trademarksB]trade names; C]service marks;D]collective marks; E]certification marks

7.Dumping? Subsidy?倾销?补贴?

The anti-dumping duty?The anti-Subsidy duty?反倾销税?反补贴税?

The export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product defines

dumping.

The subsidy is a financial contribution made by a government or other public body that confers a benefit on an enterprise, group of enterprises, or an industry. The anti-dumping duty used to counter the dumping of imports.

If subsides have an unreasonable impact on another country’s internal market, that country can impose countervailing duties to offset their impact. 10. National monetary systems?

There are three types of organizations that operate on the national plane to implement national monetary policies.

1).The highest level is a political agency of the national government that sets national fiscal policy and carries on financial functions of the government. 2).The next level is a central bank.

3).The third level are the commercial banks that accept and manage deposits, make loans, and offer trust services.

11.Three methods of Diplomcay to settlement of disputes?

Negotiation谈判is the process of reaching an agreement by discussion.

Mediation调解 involves the use of a third party who transmits and interprets the proposals of the principal parties and sometimes advances independent proposals.(调解可以解决全部争议)

Inquiry调查 is a process used to determine a disputed fact or facts.(针对某一特定事件)

12.What is the Intellectual Property知识产权? Defined: Useful information or knowledge

1. Artistic property: Artistic, literary and musical works. 2. Industrial property: A] Inventions; B] Trademarks 14.What is free trade areas?自由贸易区types?

Virtually all states encourage multinational enterprises to invest in their economies by setting Free zones.

The largest Free zones are called free trade areas(FTAs) and are made up of two or more states.

② Export processing zones(EPZs)出口加工区 ②Free retail zones免税零售区

15.The main principles of GATT 1947?(GATT1947 的主要原则)

1) Trade discrimination forbidden.Each state had to afford most favored-nation status to all other contracting states equally; foreign goods treated the same as domestic goods according to the national treatment principle.

2) Only barriers that one contracting state could use to limit the importation of goods from another contracting state were customs tariffs.

3) The trade regulations of contracting states had to be transparent

4) Customs unions and free trade agreements between contracting states were acceptable for liberalizing trade so long as they did not discriminate against third-party GATT states.

5) GATT states were only allowed certain charges a] Import tax equal to internal taxes

b] Antidumping duties

c] Countervailing duties to counteract foreign export duties d] Fees and proper charges for services rendered

16. Bank for international settlement (BIS) 国际清算银行

The oldest international organization involved in monetary cooperation. Its 3 main purposes:1_to act as a bank for the world’s central banks. 2_to promote international monetary cooperation 3_to act as an agent for international settlements. 17.What’s doctrine of imputability?

A state is only responsible for actions that are imputable or attributable to it.

The mostly commonly accepted interpretation of this theory is that the state is responsible for acts done by officials within their apparent authority.

This includes (1) acts within the scope of officials’ authority. (2) acts outside their scope of authority if the state provided the means or facilities to accomplish the act. 18. International persons(主体)?13.What is state? The types of state? {}

States and their subdivisions, international organizations, businesses, and individuals. {1.States are political entities that have a territory, a population, a government capable of entering into international relations, and a government capable of controlling its territory and peoples.

Three kind of states: independent states(独立国家), dependent states(附属国), inchoate states.}

2.International organizations :(1)public or intergovernmental organizations(IGOs);

(2)private or nongovernmental organizations(NGOs)

19.What iscorporation?Types?公司?种类?

A corporation is a company of capital whose owners have limited liability; investors are responsible only to the extent of their financial investment. In civil law states:1)shock corporation股份公司2)limited liability companies有限责任公司

In common law states:public corporation公众公司, private corporation私人公司, and limited liability companies有限责任公司.

20. Home state regulation of multinational enterprises?跨国公司的母国规制

To the extent that a multinational enterprises operates within the domestic marketplace of its home country, the home country regulates it in the same way that national enterprises are regulated.

The forms of home state regulation: competition; injuries caused by defective products; prohibition of sharp sales practices; securities; labor and employment; establishment of accounting standards; taxation.

21.Limitations on foreign equity 外国股权的限制? 1_Sectoral limitations 行业限制

Closed sectors restricted sectors foreign priority sectors 2_geographic limitations 地理区域限制

23. World Intellectual Property Organization (WIPO)(世界知识产权组织) WIPO was created in 1967 with the adoption of the Stockholm Convention.

1) Administering the Paris and Berne Unions and other intellectual property

conventions.

2) Sponsoring and hosting conferences for the development of new

intellectual property rights agreements.

3) Promoting the modernization of national intellectual property laws. 4) Resolving Internet domain name disputes.

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