国际经济法卷
Please read the following questions carefully and answer them in Chinese.
1. Translate into Chinese and explain briefly the following terms.
1. subsidy
2. general average
3. bill of exchange
4. negative pledge
5. ICSID
II. Answer the following questions.
1. Describe the complete procedure of accession to the WTO
2. Descrie the provision regarding the passing of risk under the UN Convension on the Contracts for the Internatinal Sale of Goods
3. Describe the trade related investment measures that are prohibited by the TRIMS Agreement.
4. Describe the means of foreign trade control under the legal framework at present ( November 2001) before China’s accession to the WTO.
5. Describe the differences between national treatment under GATT and that under GATS.
III. Case Analysis
1. Company M. a Chinese company signed a contract with Company P. Both Chinese and country Bare member of the UN Convention on the Contracts for the International Sale of Goods. The goods were to be delivered in 5 installments and payment was to de deliverd in 5 installments and payment was to be made in propotion to the delivery, After 4 deliveries and 3 payments were completed, M went insolquired, Company S, a Chinese company, acquired the assets of M with the receivables under the said contract, M made the last delivery and notified P than to itself, However, the two payments were still made to M. P explain that the 4th Payment was made before the notice was received, and the last payment was made due to a mistake of one of P’semployee.S applied for arbitration claiming for the two payments as receivable. The arbitration clause of the contract belween M and P provided that “any dispute rising out, relating to or caused by this contract should be resolved through consultation, In case consultation falls, the parties agree to solve their dispute Economic and Trade Arbitration Committee Shanghai Sub-Commission. The arbitraton award shall be final. ”There is no provision about applicable law of the contract. P arogued that it did not have contractual relation with S and the arbitration tribunal did not have jurisdiction.Does CIETAC Shanghai Sub-commission have jurisdicition over this case? Give reason for your answer.
2．The American Coca-Cola Company found that a domain name “Cocda-cola.com.cn”was registered by a Chinese citizen.The Chinese citizen is not doing business,nor has he tried to sell the domain name registration to anybody .If Coca-Cola wants to challenge this domain name registration, what action can it take? What arguments can you raise against the challenge? (10 marks)
3. A Chinese company G and a foreign Company Fset up a contractual joint venture in 1995.The contract provided. Among other things, the buikling was a form of its investment and F would put in some equipment as its investment. F was exclusively responsible for the management and daily operation of the joint venture, The joinventure was to ; pay to Gamount and only that amount of money each year for the term of the contract of 15 years as profit of loss that year. Disputes relating to the contract was to be solved through arbitration by CIETAC. After 4 years of successful operation. C complained that the joint venture failed to pay agreed profit to it since 1999.Capplied for arbitration at the CIETAC Shanghai Sub-Commission. F made two arguments; Firstly, the forum of the arbitration should be in Beijing since CIETAC is in Beijing ,Secondly, it was the joint venture not F who should have paid G and F was not responsible for the payment.
Give your comments on the two arguments put forward by F..(15 marks)2003
感谢穷文达书店提交
Please read the following questions carefully and answer them in Chinese.
1. Translate into Chinese and explain briefly the following terms.
1. subsidy
2. general average
3. bill of exchange
4. negative pledge
5. ICSID
II. Answer the following questions.
1. Describe the complete procedure of accession to the WTO
2. Descrie the provision regarding the passing of risk under the UN Convension on the Contracts for the Internatinal Sale of Goods
3. Describe the trade related investment measures that are prohibited by the TRIMS Agreement.
4. Describe the means of foreign trade control under the legal framework at present ( November 2001) before China’s accession to the WTO.
5. Describe the differences between national treatment under GATT and that under GATS.
III. Case Analysis
1. Company M. a Chinese company signed a contract with Company P. Both Chinese and country Bare member of the UN Convention on the Contracts for the International Sale of Goods. The goods were to be delivered in 5 installments and payment was to de deliverd in 5 installments and payment was to be made in propotion to the delivery, After 4 deliveries and 3 payments were completed, M went insolquired, Company S, a Chinese company, acquired the assets of M with the receivables under the said contract, M made the last delivery and notified P than to itself, However, the two payments were still made to M. P explain that the 4th Payment was made before the notice was received, and the last payment was made due to a mistake of one of P’semployee.S applied for arbitration claiming for the two payments as receivable. The arbitration clause of the contract belween M and P provided that “any dispute rising out, relating to or caused by this contract should be resolved through consultation, In case consultation falls, the parties agree to solve their dispute Economic and Trade Arbitration Committee Shanghai Sub-Commission. The arbitraton award shall be final. ”There is no provision about applicable law of the contract. P arogued that it did not have contractual relation with S and the arbitration tribunal did not have jurisdiction.Does CIETAC Shanghai Sub-commission have jurisdicition over this case? Give reason for your answer.
2．The American Coca-Cola Company found that a domain name “Cocda-cola.com.cn”was registered by a Chinese citizen.The Chinese citizen is not doing business,nor has he tried to sell the domain name registration to anybody .If Coca-Cola wants to challenge this domain name registration, what action can it take? What arguments can you raise against the challenge? (10 marks)
3. A Chinese company G and a foreign Company Fset up a contractual joint venture in 1995.The contract provided. Among other things, the buikling was a form of its investment and F would put in some equipment as its investment. F was exclusively responsible for the management and daily operation of the joint venture, The joinventure was to ; pay to Gamount and only that amount of money each year for the term of the contract of 15 years as profit of loss that year. Disputes relating to the contract was to be solved through arbitration by CIETAC. After 4 years of successful operation. C complained that the joint venture failed to pay agreed profit to it since 1999.Capplied for arbitration at the CIETAC Shanghai Sub-Commission. F made two arguments; Firstly, the forum of the arbitration should be in Beijing since CIETAC is in Beijing ,Secondly, it was the joint venture not F who should have paid G and F was not responsible for the payment.
Give your comments on the two arguments put forward by F..(15 marks)2003
感谢穷文达书店提交
