国际法与国际私法（国际私法）
一、名词解释
1、 Lex personalis
2、 Loi d’aplication immediate
3、 Reservation of public order
4、 Taking evidence abroad
5、 Doctrine of arbitration clause autonomy
二、简答题
1、 什么是系属公式？常见的系属公式有那些？
2、 简述1958年《纽约公约》规定的承认与执行外国仲裁裁决的理由。
三、论述题
论我国国际私法的渊源及它们之间的相互关系。
四、翻译并评论（先将下列文字译为中文，再评论。）
Under the concept of characterization, a forum court will always define words or terms according to its own standards. For example, whether a party is a “minor”, whether a particular business entity is a “corporation”, or whether a person maintains her “domicile” are all issues to be settled according to the forum’s own definitions of these terms. Historically, the Doctrine of characterization was very important in the analysis and resolution of choice-of-law problems. A two-step process was generally applied in each case:
(a) “Substance” vs. “Procedure”: if the particular issue involved could affect the outcome of the case, it would be characterized as “substantive” and reference to the laws of some other state might then be justified. But if the issue was not outcome determinative, it was “procedural” and governed by the forum’s own rules—regardless of the out-of-state nature of the litigation.
(b) Characterization as to type of problem involved: once an issue was classed as “substantive”, the forum court would then characterize the kind of problem involved (i.e., “tort”, “contract”, “property”, etc) and apply the appropriate choice-of-law rule (e.g., the law of the place of injury would govern a “tort” problem).
感谢luckycoco提交
一、名词解释
1、 Lex personalis
2、 Loi d’aplication immediate
3、 Reservation of public order
4、 Taking evidence abroad
5、 Doctrine of arbitration clause autonomy
二、简答题
1、 什么是系属公式？常见的系属公式有那些？
2、 简述1958年《纽约公约》规定的承认与执行外国仲裁裁决的理由。
三、论述题
论我国国际私法的渊源及它们之间的相互关系。
四、翻译并评论（先将下列文字译为中文，再评论。）
Under the concept of characterization, a forum court will always define words or terms according to its own standards. For example, whether a party is a “minor”, whether a particular business entity is a “corporation”, or whether a person maintains her “domicile” are all issues to be settled according to the forum’s own definitions of these terms. Historically, the Doctrine of characterization was very important in the analysis and resolution of choice-of-law problems. A two-step process was generally applied in each case:
(a) “Substance” vs. “Procedure”: if the particular issue involved could affect the outcome of the case, it would be characterized as “substantive” and reference to the laws of some other state might then be justified. But if the issue was not outcome determinative, it was “procedural” and governed by the forum’s own rules—regardless of the out-of-state nature of the litigation.
(b) Characterization as to type of problem involved: once an issue was classed as “substantive”, the forum court would then characterize the kind of problem involved (i.e., “tort”, “contract”, “property”, etc) and apply the appropriate choice-of-law rule (e.g., the law of the place of injury would govern a “tort” problem).
感谢luckycoco提交
