浙江工业大学-国际商法考试重点.docx

1.Public international law: the law of nations resolved issues between two or more states, and the legal relationships between and among states.
2.Private international law: the laws that govern conduct between people and corporations from different states.
3.Diplomacy: the process of reconciling the parties to a disagreement by negotiation, mediation, or inquiry.
4.Mediation: Mediation involves the use of a third party who transmits and interprets the proposals of the principle parties and sometimes advances independent proposals.
5.Inquiry: a process used to determine a disputed fact or facts.
6.Limited liability company: A corporation owned by members that does not issue negotiable share certificates and is subject to minimal public disclosure laws.
7.Silent partnership: A secret relationship between two or more persons, one of whom carries on a business in his name alone without revealing the participation of the other who has limited personal liability.
8.Business trust:A business arrangement in which the owners of a property(the beneficiaries) transfer legal title to that property to a trustee who then manages it for them.
9.joint stock company:An unincorporated association of persons whose ownership interests are represented by transferable shares. The shareholders have unlimited personal liability.
10.Patent: 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.
11.Copyright: A copyright is title to certain pecuniary rights and, in most countries, certain moral rights for a specified period of time.
12.Preferred stock: Preferred stock entitles owners to a guaranteed divided, a priority at the time of liquidation, or some other preference over ordinary shareholders.
13.National treatment principle: the second manifestation of the principle of nondiscrimination that appears in GATT. Once foreign trade good goods were imported into one contracting state from another，the foreign goods had to be treated the same way as domestic goods.
14.A Himalaya Clause: The clause that extends liability limits of the conventions to carriers’ employees, agents, and even independent contractors. It entitles them to claim the protection of the Hague or the Hague-Visby Rules.
15.Offer: A proposal addressed to specific persons indicating an intention by the offeror to be bound to the sale or purchase of particular goods for a price.
16.Acceptance: A statement or conduct by the offeree indicating assent that is communicated to the offeror.
17.A bill of lading: An instrument issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods.

1. The source of international law:
Article38(1) of the Statute of the ICJ lists the sources:
(a)international conventions, whether general or particular, establishing rules expressly recognized by the contesting states
(b)international custom, as evidence of a general practice accepted as law
(c)the general principles of law recognized by civilized nations
(d)subject to the provisions of Article 59, judicial decisions and the teaching of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
2.The carriers’ duties under a bill of lading:
(a) Making the ship seaworthy
(b) properly manning, equipping, and supplying the ship
(c) Making the holds, refrigerating, and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation
(d) Properly and carefully loading, handing, stowing, carrying, keeping, caring for, and discharging the goods carried.
3.the three kinds of international relationship international law deals with?
(1)those between states and states
(2)those between states and persons
(3)those between persons and persons.
4.Fundamental breach:
a breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.
5.The three concerns ILO conventions and recommendations have dealt with:
(a)the basic issues of labor protection, such as employment conditions and the protection of women and children
(b)setting up the basic machinery and institutions that are needed to make labor protection effective
(c)promote and protect the human rights and fundamental freedoms of workers.
6.National treatment:
national treatment is giving services and service suppliers of other members “treatment no less favorable” than what the member grants its own like services and service suppliers.
7.Market access:
market access is defined as giving services and service suppliers of other members “treatment no less favorable” than that listed in the member’s schedule.
8.The difference between branches and subsidiaries:
(1)A branch is a unit of the parent company, which is not separately incorporated. And the parent maintains its direct control. A subsidiary is an independently organized and incorporated company.
(2)The parent has to assume all of the risk of branches but the subsidiarie’s company status insulates the parent from unlimited liability.
(3)The foreign branches are often taxed at higher rates than local firms but as locally organized companies, the subsidiaries are commonly entitled to certain tax benefits.
9.The four basic functions the WTO serves:
(a) to implement, administer, and carry out the WTO Agreement and its annexes (b) to act as a forum for ongoing multilateral trade negotiation
(c) to serve as a tribunal for resolving dispute
(d) to review the trade policies and practices of member states.
10.Please name the qualifications of patented inventions:
(a) An invention is new if no other inventor has obtained a patent for the same invention
(b) it involves an inventive step if the “subject matter” of the invention was not “obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains”
(c) it is capable of industrial application if the product or process is one that can be used in industry or commerce.
11.Describe and give comments on irrevocable and revocable letters of credit:
Irrevocable
(a)Description: Cannot be altered without the beneficiary’s express consent. (b)Comments: Preferred by beneficiaries because it provides the most security)
Revocable
(a)Description: Revocable by the issuing bank.
(b)Comments: Dislike by beneficiaries because it provides the least security.
12.Main points of advocates of international labor standards:
(a) individual states are not inclined to enact domestic labor law. The adoption of an internationally effective agreement would keep multinational companies from practicing social dumping
(b) the establishment of fair and equitable labor standards helps promote world peace
(c) the establishment of uniform labor standards is a matter of both justice and humanity.
13.The most important forms of national regulation include:
(1) the regulation of competition
(2) the regulation of injuries caused by defective products
(3) the prohibition of sharp sales practices
(4) the regulation of securities
(5) the regulation of labor and employment
(6) the establishment of accounting standards
(7) taxation
14.Why goods bought for personal, family or household use are excluded: (1)a double standard could arise if different rules governed sales by local shopkeepers to foreigners
(2) many local laws protect consumers, and that protection would be lost if GISG applied.

书本相应出处
public international law 1
private international law 1
diplomacy 81
mediation 82
inquiry 83
limited liability company 123
silent partnership 123
business trust 123
joint stock company 123
patent 357
copyright 345
preferred stock 129
national treatment principle 247
a Himalaya Clause 489
offer 425
acceptance 427
a bill of lading 471

the source of international law 5
the carrier’s duties under a bill of lading? 481
the three kinds of international relationship international law deals with? 1
fundamental breach 436
the three concerns ILO conventions and recommendations have dealt with? 315
national treatment 309
market access 309
the difference between branches and subsidiaries? 135 136
the four basic functions the WTO serves? 250
Please name the qualifications of patented inventions? 359
Describe and give comments on irrevocable and revocable letters of credit? 528
What are main points of advocates of international labor standards? 315
The most important forms of national regulation include? 139
Why goods bought for personal, family or household use are excluded? 413