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2007-07-11 21:35 |
南京大学1996-2000国际经济法试题
一.名词解释 JWjp<{Q;1 非歧视原则.CFR.单证严格相符原则.特别提款权.单独海损.关税减让原则.原产地规则. %SFR.U0}yK 注册资本 d33Nx)No 二.论述题 n&&U9sf? 1.试述国际经济法的调整对象与法律特征 f3B8,> 2.简述国际经济法的主要法律渊源,并请举例说明之 /3%xQK>% 3.如何理解国际货物买卖中的权利担保原则 $ aBSr1 4.试述投资保护协定的法律含义与主要内容 xJ5!`#= 三.案例题(中文回答) k$- q;VI INTRODUCTION q)y8Bv| Answer in Chinses the following questions after you read the cases.You must V!tBipX% answer them prexisely to the point,Put forward the various basic principles LMj'?SuH of international trade law to support your argument Pt;Ahmi 2{:
J1'pC Case1 On Julu 10,a Chinese company sent an offer by telex to an American _
9]3S>Rn company:selling 300 tons coffee beans,each metric ton at the price of USD @y&,e,3! 1,900CIF New York,firm offer standing for 2 weeks.On July 22,the Chinese ;itg>\p3 company leaned that the price of coffee beans on the international market ZJM^P'r.1c has raised by 30%.Just only on the morning lf July 22,the US company telexed Jtk(yp{Zz back an acceptance. 2 -8:qmP( Vtk|WV?>P+ Questions: )C6 7qY[P 1)Can the Chinese company raise the price of coffee beans from USD 1,900 per zjE4v-H:l ton to USD 2,500 per ton?
p$ v +L 2)Dose the offer have legal binding force towards the offer (the Chinese w+P^c| company)?In this case,can the offerer withdraw his offer? sRnMBW. brot&S2P>< Case 2 On November 10,1990,A(a Chinese forergn trade company,the seller and B 4
tTJE<y (an American company,the buyer)reached an agreement in terms of price,quantity ~cw
wB{ ,quality,payment and shipment of certain product by exchange of fax between `^{P,N>X them.Tow days later,A,as usual,mailed aletter of comfirmation to B and asked
BT0hx!Ti B to return the letter having it signed,B found that the price in this letter 9B0"GEwrs was somewhat different from that had been during the process of communication. WQ`T'k#ESW So B refused to sign the letter of comfirmation and asked A to deliver the on xc?<:h" .So B refused to sign the letter of confirmation and asked A to deliver the `$- Ib^ goods according to the terms as previously settled by fax.A held that it was "
z{w^k under no obligation to supply the goods since they haven't entered into a A4h/oMis formal contract in accordance with the Law of Foreign Economic Contract of Df^S77&c! China and international practice k6S<46}h| qI@_ Questions: O1,[7F.4g 1)What is the main issue in this case? =ndKG5 2)If A brought the case before a Chinese people's court and if you were the judge in handling the case ,how would you choose the applicable law to resolve EVsZ:Ra^k the dispute?
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