北京外国语大学法学院国际经济法习题.doc

北京外国语大学法学院国际经济法习题2007年9月Chapter One: Introduction to IEL1. Retell briefly the historical reasons and social motives that lead to the development of international economic law.2. Retell briefly the international economic interdependence between nations before WWII and the international economic law during that period.3. Based on the new development of international economic law since WWII, give a description of how IEL would develop in the new century.4. Try to give 10 concrete examples of international public law, international private law, international economic law and international business practice. Conclude from the examples how these four behavioral laws/practices are similar to or different from IEL.5. Make a good sense of the realistic importance of studying IEL and relate to your responsibilities as an IEL student. Chapter Two: International Trade in Goods1. Hudson Mini-fridge Co. Ltd. Is one of the leading manufacturers of small refrigerators in Canada. The refrigerators are used primarily in hotels or motels as “minibars.”Hudson of Churchill, Manitoba is the sole Canadian manufacturer of mini-refrigeratorMini-fridges are sold to hotels, recreation vehicle users and individuals through retail outlets. However, the hotel market is , by far, the largest user accounting for over 60 per cent of all mini-fridges sold in Canada. Hudsons entire output consists of mini-type refrigerators and is sold entirely for hotel use.The company was incorporated in 1982. The establishment of the company followed a feasibility study which indicated that the Canadian market had a potential of approximately 15,000 minibars per year in its 300,000 hotel/ motel rooms, 80,000 of which are found in 3-to 5- star hotels. At that time, although they were quite common in the European hotel industry, the minibars were relatively new products in Canada; the majority of minibars were being supplied by Electrolux of West Germany and Elektrosuisse of Italy, with a few being supplied from of “Antarctic”of Slovenia.Hudson was set up specifically to produce hotel mini-bars for the “MicroFRIG” franchise system” developed by MicroFRIG SpA of Italy Hudson purchases other certain parts from MicroFRIG with payment by Documentary Letter of Credit. Hudson purchases other components in Costa Rica with final assembly at its plant in Churchill.Hudsons major competitor is “Antarctic, ”an exporter of Slovenian mini-refrigerators. Hudson has been noting a severe decline in sales in recent years and has come to suspect the “Antarctic” has been selling below what it actually costs to produces these goods in Slovenia. The special import Measures Act states that the production of like goods refers to those goods that are identical to the dumped goods, or, in the absence of identical goods, to those goods whose uses and other characteristics closely resemble those of the dumped goods. Admittedly, there are some minor differences in appearance and construction of the outer shell between the dumped and the domestically produced mini-fridges. The differences may render the two non-identical, but in the view of Hudson, they are certainly alike since both share their essential features, uses and characteristics.a. Antarctic does not have a sales office in Canada but an English language website that proudly waves an animated Canadian flag. Payment is accepted in Canadian dollars. In addition, they have a toll-free number that rings in Slovenia and is answered by English-speakers during normal Canadian business hours. If the Sleep Easy Hotel in Ottawa orders 100 mini-refrigerators from Slovenia will a Canadian court exert jurisdiction over the case?b. Hudson became quite concerned about their declining market share, They purchased several units from Antarctic, took them apart and priced each component using Slovenian components, Mexican components and then with Chinese components. Further, Hudson had an investigator purchase a unit from Antarctic in Slovenia. What they have discovered is that the Antarctic mini-fridge is being sold in Canada at a price less than it sells for in Slovenia. What advice can you give to Hudson?2. You have delivered a shipment of goods to a foreign country. The goods have been damaged and are no longer useable. The foreign buyer refuses to pay, claiming that the problem was inadequate packing on your part. You are sure that the problem was inadequate handling and storage procedures at the shipments destination. What are your options for securing redress? What terms should have been included in the original contract to protect your interests in this case?3. You are a domestic producer of household consumer items. Over the past year, Your business has faltered because of the appearance of similar items produced in a developing country and imported into Canada at extremely low prices. You suspect unfair competition. What procedure do you follow to protect your business?4. What are the four different ways for a firm to enter a foreign market? Provide a brief description of each of these foreign market entry strategies.5. What is “ force majeure?”6. The Grand Duchy of Monrovia is one of Central Europes smallest and most impoverished nations. At one time, it even considered declaring war on the United States in order to intentionally lose and then become the beneficiary of Americas largess in the form of the generous economic aid that the US usually showers upon the nations that it has conquered, The Grand Duchys sole export is an excellent red St. Laurent. Everything else must be imported. In order to monitor imports, it requires that all imports must be accompanied by a document known as a (n) .This document helps Monrovias customs service assess duties, clear the goods and gather trade statistics.a. consular invoice.b. bill of lading.c. export license.d. commercial invoice.7.A Canadian business involved in contracts outside of Canadas borders a. May be subject to Canadian lawsb. May be subject to foreign lawsc. may be subject to treaties and conventionsd. All of the abovee. None of the above8. A bill of lading is a a. receipt.b. contract.c. document of title.d. all of the above.9. If a business engages in the international distribution of a producta. It is protected by Canadian law from being subject to the law and regulations of other countriesb. It is exposed to the laws and regulations of other countriesc. It is prohibited from importing foreign products into Canadad. It is exempt from tax on income earned on foreign sales10. Goods imported into Canada are not subject to Canadian law.11.There is no risk associated with doing international business.12. The law of contracts has no part in international trade.13. The trade term “FOB” stands for “Fresh off the Boat”14. As of 2004,63 countries were party to the CISG15. Contracts for the sale of goods must be in writing if they are to be governed by the international sale of Goods Act (Vienna Convention)16. The Vienna sales convention does not apply to govern the validity of an international sale of goods contract.17. The convention on contracts for the International Sale of Goods provides a practical alternative to the domestic laws of the contracting parties who cannot agree on the applicable law.18. Michelle Gaudette, an export consultant, has recently been hired by William Edwards to assist him in making his company “export ready”, Among her duties, was the creation of a number of pro forma documents that William would use when the first international order comes in . William is extremely confident that this could happen “any time soon”. He has recently returned from a number of trade shows in Liechtenstein and South Asia where his product has been well received, He is confident that orders will soon be rolling in . Describe for William the name of the document, which is a bill for goods from the seller to the buyer that contains the description of the goods, the address of the buyer and seller, and delivery and payment terms, This document is known as a 19. Goods imported into Canada are subject to the Act and the Act.20. Certain goods from certain countries enter Canada free.21. The Act deals with product dumping.22. The Act controls the amount of cheaply produced and other goods into Canada.23. The least risky method of doing business internationally is or 24. A Bill is an essential part of an international sale.25Yun-jung Hu has lived in Vancouver for most of his adult life. He is a budding restaurateur and hoped to purchase an existing Chinese food restaurant specializing in Szechuan and Hunan style-cooking. One day, an urgent family matter required him to return to his village in rural China. In his village, there is only one phone (at the post office)that works, along with the electricity and the water, only sporadically, There is no fax or email . Yun-jung was not scheduled to return to Canada for at least six weeks, While he was gone, his sister received an urgent phone call from Bob, the real estate agent assisting Yun-jung in locating a suitable restaurant. Apparently, Bob had found a suitable restaurant at a “steal” of a price. However, Yun-jung had to act fast. Bob was disappointed to learn that his client was in China and could not be reached. Advise Yun-jungs sister.26 Melissa owns a very successful womans fashion shop in the York Ville district of Toronto. She carries the latest fashions from Europe and New York and she regularly attends international fashion shows to view and purchase the spring and fall haute couture collections for her wealthy clients. Although Melissa has a very successful business, she always has her eye on the bottom line. When she travels to Paris, Melissa always flies economy, takes the Metro and stays at budget hotels such as the Ibis (a modest two-star hotel)and eats at bistros and sidewalk cafes. Last year, she was unable to attend the spring shows in Paris at Lagerfeld and Channel and in her place sent her sister. Magda, who helped out occasionally in the store. Melissa gave Magda instructions to spend no more that C 100,000 on the fall collection. Magda had never been to Paris before and went wild. First, she flew first class to Paris. She took a chauffer driven Mercedes 600 limousine from Orly and stayed the Georges V, a luxurious 5-star hotel in downtown Paris not far from the Champs Elysees at cost of over C 550 per night. She lunched at three-Star Michelin restaurants and dined at four and five-star restaurants before dancing the night away at Pariss top nightclubs where she and her new friends consumed copious quantities of Dom Perignon. Magda ordered more than C 1000 000 of clothing and when she returned, gave Melissa the bill for her extravagant trip. Advise Melissa.27 A principal could be liable for the acts of an agent who exceeded his or her actual authority on the basis of :a. apparent authority.b. Express authority.c. Necessity.d. Implied authority.28 Which of the following is not an implied obligation or duty of an agent to his/her principal?a. to demonstrate good faith.b. To act with competence and diligence.c. To pay reasonable expenses of the agency agreement.d. To protect confidentiality.29 An agency by agreement is one in which the agent derives her power from a. actions of the principal that lead third parties to reasonably conclude an agency relationship existsb. adoption by the principal of the contract entered on his behalf by the agent although she did not have authority at the time when she acted as agent.c. A contract between the principal and the agentd. Agreement by the third party to be bound by commitments made to the agente. Circumstances that necessitated acting without authority from the principal.30 When an agent acts for a principal to enter a contract with a third party, the parties to the contract thus formed area. the principal and the agentb. the principal and the third partyc. the agent and the third partyd. the principal, the agent, and the third partye. None of above31 If an agent enters into a contract with a third party, who is ordinarily liable?a. the agent b. the principalc. the third partyd. any witnesses to the contract.32 If the principal fails to give notice to third parties when an agency relation ship is terminate.a. the principal will be bound by any contracts entered with third parties by the (former )agent, that were formed through the agents exercise of apparent authorityb. the agent will not be able to bind the principal in any contractual dealings with third partiesc. the principal will not be able to sue the (former )agent for continuing to act as an agentd. The principal cannot be bound to any contracts entered with third parties because the agency no longer exists.33 Which of the following is a necessary part of the agency relationship?a. Principalb. Buyerc. Sellerd. Franchisor34 Mr. Smith recently fired his sales agent, Mr. Tang. Mr. Smith told him that he no longer has any authority to make any deals for Mr. Smith, By doing so , Mr., Smith has adequately protected himself from Mr. Tang making any more deals on his behalf.35 An agent must be a living person.36 The disadvantage of an agency agreement is that it is not legally binding.37 An agency agreement must be set out on paper.38 The principal is bound by the actions of the agent.39 If an agent exceeds his/her authority, the principal has little or no recourse. 40 The agency relationship is generally created by contract, either or in 41 The advantage of a written agency agreement is that 42 A is a common from of contract in which the principal grants power to the agent to enter into legal relationships on his/her behalf.43 If duties are carried out properly, then the will be generally bound by the acts of The 44 The agent must follow the instructions of the 45 Without clear instructions the agent must 46 If an agents intention was to defraud a third party, the third party would have an against the agent in question.47 If an agent innocently makes a false statement, the third party could choose to the contract, on the basis of an innocent misrepresentation.48 Seller, whose place of business is in Sate A, and Buyer, whose place of business is in State B , enters into a contract that stipulates that the UN Convention on Contracts for the International Sale of Goods applies. Neither State A nor State B is a contracting state. Does the Convention apply?49 Retailer in State A decides to go into the catalog sales business in State B. Both countries are parties to CISG. Retailer purchases a mailing list from Ace Credit Card Company. The list has the names and addresses of 500,000 persons owning Ace credit cards in State B, and Retailer uses this to prepare mailing labels. John Q. Public receives a catalog addressed to him personally from Retailer. The catalog describes various types of widgets and gives prices for each one. Has the Retailer made an offer to sell the widgets? If John accepts, will there be a binding contract?50 On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for 25 apiece. The letter also stated:” This offer is binding and irrevocable until February 1”.On January 5, prior to Buyers receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyers place of business:” Ignore my letter of January 1. I have decided to withdraw the offer contained in it .”On January 7, after listening to her answering machine and reading the letter that arrived that same day , Buyer sent Seller the Following telegram：“I accept your offer of January 1.” Is there a contract under CISG?51 On December 1, Seller sent to Buyer an offer to sell 5,000 widgets to Buyer for 25 apiece, The offer stated.” The price is too high , I dont accept your offer.” Then, on December 15, Buyer changed his mind and sent a telegram stating：“I accept your December 1 offer after all.” Seller replied：“Your acceptance is good, since you promised to keep your offer open until December 31.”Is there a contract under the CISG?52 Buyer received a letter in her mail on January 1 offering to sell Buyer 5,000 widgets for 20 apiece. Sellers letter closed with the following statement：“I know that this offer is so attractive that I will assume that you accept it unless I hear otherwise by January 31.”Buyer did not reply . Seller shipped the widgets on February 1. What are Buyers responsibilities under CISG?53 Seller and Buyer entered into a written contract for the manufacture by Seller of 10,000 widgets of a design specified by Buyer and set out in the contract. The contract also provided:” This contract may only be modified in a writing signed by both parties.” Before Seller had begun work on the widgets, Buyer and Seller agreed by telephone to a change in the specifications for 2,500 of the widgets. Seller then produced and delivered the 2,500 widgets as specified. Buyer refused to accept them because they did not conform to the specifications in the original contract. Assuming CISG applies, who breached?54 Buyer and Seller entered into a contract governed by CISG for Seller to deliver a sophisticated computer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on Januare2：“Anxious to take delivery of the computer. Hope that it arrives by February 1.” Seller delivers the computer on February 5, but Buyer refuses to accept it and declares that the contract is avoided because Seller failed to hand over the computer before the February 1 date specifie