A. what happens in country a belongs to the internal affairs of country a.
The discharge of pollutants by country B.A must be approved by the International Maritime Organization.
C. country a bears international legal responsibility for pollution discharge, and country b can negotiate with country a to solve the pollution discharge problem.
D According to the principle of "polluter pays", only the injured party, that is, the power company to which the nuclear power plant belongs, can take full responsibility.
33. Zhang, a national, embezzled a large amount of property from the office of a state-owned enterprise in China. According to the laws of China and country A, Zhang's behavior constitutes a crime. There is no judicial assistance agreement between China and country A. According to the relevant rules of international law, which of the following options is correct?
A when Zhang enters China, the relevant authorities in China can arrest him according to law.
B. China has no jurisdiction over Zhang's embezzled property.
C when Zhang fled to the high seas on a merchant ship of country a, China has the right to send someone to arrest him on the high seas.
D. State A is obliged to extradite Zhang to China.
34. Party A and Party B agree to submit their border territorial disputes to the United Nations International Court of Justice. After the judgment of the International Court of Justice, country A refused to perform the obligations determined in the judgment. According to the Statute of the International Court of Justice, which of the following statements about country B is correct?
A you can apply to the international court of justice to instruct the domestic court of country a to enforce it.
B. You can apply to the International Court of Justice for enforcement.
C. You can lodge a complaint with the UN Security Council, asking it to make suggestions or decide to take measures to implement the judgment.
D. You can appeal to the Legal Committee of the General Assembly, which will decide to take action to implement the judgment.
35. In the trial of a foreign-related contract dispute case, the China court decided to apply the laws of country A.. Which of the following statements is correct about the identification and application of Law A?
A if both parties choose to apply the law of country a, the court shall assist both parties to find the law of that country.
B in this case, the applicable national laws include the applicable laws of that country.
C if the applicable law cannot be determined, the laws of People's Republic of China (PRC) shall apply.
D. If Party A's laws cannot be ascertained, the claim shall be rejected.
36. Company A in country A and Company B in country B jointly established Company C. Company C has its registered place and main business place in country B, and has branches in countries A, B and China. Now it is involved in a business in China and taken to a court in China. According to the relevant laws of our country, which country's law should be applied to the company's civil capacity?
A. National laws
B. Law b
C. Laws of China
D. The laws of country B or China.
37. Company A of Taiwan Province Province sued Company B for contract dispute in mainland China, and the local court of Taiwan Province Province ruled that Company B lost the case. Company B has properties in Shanghai and Beijing, but the judgment has not been executed. Which of the following options is correct about the execution of the judgment?
A. if company a applies to the intermediate people's courts of Shanghai and Beijing for approval of the judgment, it shall be under the jurisdiction of the intermediate people's court that first filed the case.
B the effectiveness of the judgment is lower than the effective judgment made by the people's court.
C if company a applies for property preservation, the people's court may require it to provide effective guarantee; If no guarantee is provided, decide whether to grant property preservation according to the situation.
D if company a applies for approval of the judgment, it shall do so within 1 year after the judgment is confirmed to be effective.
38. The Law on the Application of Laws in Foreign-related Civil Relations stipulates that the marriage conditions shall be governed by the laws of the parties' habitual residence; If * * * does not have the same habitual residence, the law of the country of nationality of * * * shall apply; If one party does not have the same nationality and gets married in the country of habitual residence or nationality, the law of the place of marriage shall apply. Which of the following conflict norms does this clause belong to?
A. Unilateral conflict norms
B. norms of overlapping conflicts
C. unconditional choice of applicable conflict norms
D. Conditional choice of conflict norms
39. After accepting a foreign-related civil case, a court in China decided to apply Law A according to the facts. However, when I look up the laws of country A, I find that different states in country A have different laws. In this case, which of the following measures should the court take?
A according to the principle of autonomy of will, the parties agree to decide which state law of country A is applicable.
B. directly apply the national laws of country A that have the closest connection with foreign-related civil relations.
C. First, the applicable law shall be determined by applying the interregional conflict law of country A. If there is no interregional conflict law in country A, the law of China shall be applied.
D. First, apply the interregional conflict law of country A to determine the applicable law. If there is no interregional conflict law in country A, the law of the state most closely related to the case shall apply.
40. Company A of China imported a batch of clothes from a certain country by sea, and the carrier was Company B, and the consignee column of the bill of lading was marked as "according to instructions". When company A took the original bill of lading to pick up the goods at the destination port, it was found that the goods had been picked up by company C with a copy of the bill of lading and a letter of guarantee. Company A reached a payment agreement with Company C, but then Company C went bankrupt. Company A can't get compensation, so it claims compensation from Company B instead. According to the relevant laws and regulations of our country, which of the following options is correct about this case?
A in this case, the original bill of lading is transferred without endorsement.
B. the goods were picked up by company c, so company a can't claim compensation from company B.
Although Company C and Company C have reached a payment agreement, but they have not paid, it does not affect that Company A requires Company B to bear the responsibility.
D. b company shall bear the losses caused by delivery of goods without bill of lading within the scope of liability limit.
4 1. The amount of a chemical substance imported from China has surged, with the largest amount of this chemical substance from country A, which has caused substantial damage to the manufacturers of similar substances in China. According to the relevant laws and regulations of our country, which of the following options is correct?
A. The relevant departments of China should start the safeguard investigation at the request of domestic producers.
B. The relevant departments in China can only take safeguard measures for Party A's imported materials.
C. If the enterprise in country A agrees to make a price commitment, it can avoid being taken safeguard measures by China.
D. If safeguards are taken, the scope of materials targeted by the measures shall be consistent with the scope of investigation.
42. China enterprises of Party A, Party B and Party C filed an application for anti-dumping investigation with the Ministry of Commerce on behalf of a domestic food raw material industry, requesting relevant investigations on raw materials originating in country A, country B and country C. After investigation, the Ministry of Commerce finally ruled that dumping was established and caused damage to domestic industries, and decided to levy anti-dumping duties. According to the relevant laws and regulations of our country, which of the following statements is correct?
The taxpayer of anti-dumping duty is the exporter of raw materials.
During the anti-dumping investigation, the Ministry of Commerce may suggest that importers make price commitments.
C. If the anti-dumping duty determined by the final ruling is higher than the provisional anti-dumping duty paid or payable or the deposit amount, the difference will not be levied.
D. If the anti-dumping duty determined by the final ruling is lower than the provisional anti-dumping duty or deposit paid or payable, the difference will not be refunded.
43. Which of the following statements is correct about China's rights and obligations in the WTO?
A. Promise that after China's entry into WTO, all China enterprises will enjoy the right to import and export goods, including goods exclusively owned by the state.
B. For the export of China products, the practice of importing members to choose substitute prices when conducting anti-dumping investigations will be terminated after the entry into force of the Protocol on China's Accession to the World Trade Organization 15.
C. Non-specific subsidies are not bound by the multilateral trading system of the World Trade Organization, including China's subsidies to all state-owned enterprises.
D the transitional safeguard measures for China products are basically the same as the safeguard measures in terms of implementation conditions, and the implementation procedures are relatively simple.
44. According to the agreement establishing the Multilateral Investment Guarantee Agency, which of the following statements about MIGA is correct?
The risks insured by A MIGA include expropriation and similar measures, war and civil strife, currency exchange and investor default.
B a legal person who is a qualified investor (policyholder) of MIGA can only be a legal person with the nationality of any contracting state except the host country.
Investors from both developing and developed countries can apply for insurance from MIGA.
D. The precondition of D.MIGA underwriting is that there is a bilateral investment protection agreement between the investor's home country and the host country.
Multiple choice question:
74. River A is a multinational river and River B is an international river. According to the relevant rules of international law, which of the following options is correct?
Countries along the A.A River have sovereignty over the A River that flows through them.
B countries in the upper reaches of Jiahe River can carry out water diversion projects in sovereign reaches to solve their own water shortage problems.
The C.B river is also open to merchant ships from non-coastal countries.
The international nature of the D.B River determines that it belongs to the common property of mankind.
75.A civil war broke out in country A, and country B planned to send a chartered plane to take back its nationals. The plane needs to fly over the airspace of country C. According to the relevant rules of international law, which of the following options is correct?
The plane of country B may fly over the airspace of country C by itself because it picks up its own nationals.
B. the aircraft of country b shall not fly into the airspace of country a without the permission of country a.
C. If the aircraft of country B flies over the airspace of country C without permission, country C has the right to ask it to land at the designated place.
D party c's military plane has the right to shoot down party b's plane that flies over party c's airspace without permission after warning.
76. According to the relevant rules of international law, which of the following statements about international dispute settlement is correct?
A. If there is a dispute between Party A and Party B over the use of the boundary river, country C can intervene by armed means to support country A..
B if there is a border dispute between party a and party b, the president of country c can come forward to mediate.
C. Party A and Party B may agree in writing to submit their exclusive economic zone dispute to the United Nations International Court of Justice which has jurisdiction over the dispute.
D the international court of justice may issue an advisory opinion on the settlement of international disputes, which is legally binding.
77. According to the relevant laws of our country, the Law on Foreign-related Civil Relations is applicable. Which of the following fields adopts the principle of party autonomy?
A. Contract
B. Violation
C. Real right of immovable property
D. Litigation divorce
78. Terry, a national, has long lived in country B, and Wang, a national, has long lived in China. They are competing in Beijing. Terry posted news against Wang on the Internet from time to time, and Wang sued Terry in China court for violating his right to reputation, portrait and name. Regarding the application of the law in this case, according to the relevant laws of our country, which of the following options is wrong?
A the content of the right of reputation shall be governed by the laws of China, because the obligee's habitual residence is in China.
B Infringement of portrait rights is governed by the laws of country A, because the infringer is from China.
C infringement of the right to name is governed by the laws of country B, because the infringer's habitual residence is in country B.
D the law of country c should be applied to network infringement, because the infringed is country C ..
79. Company A in Hong Kong had an investment dispute with Company B in the Mainland, and Company B appealed to No.1 Intermediate People's Court. Is the legal representative of Company A, and Zhang is the litigation agent of Company A. Which of the following options is correct about the service of documents and the application of law in this case?
A: If Chen Mou is in the Mainland, the court accepting the case must serve it through the people's court at the next higher level.
B. If Company A clearly states in the power of attorney that Zhang has no right to receive relevant judicial documents on his behalf, it cannot be served on him.
C if company a has a representative office in the mainland, the people's court accepting the case can serve it directly on the representative office.
D. If it is delivered by means of announcement at the same time, the date of delivery shall be determined according to the way of first delivery.
80. Company A of China signed a tea export contract with company B of a country, insured W.P.A., and agreed that it would be shipped by company C's freighter "Nature" ... Which of the following options would the insurance company cover?
A. The goods are damaged during transportation due to external reasons such as the smell of tea.
B cargo damage caused by collision with other ships due to "natural" faults in transportation.
C. damage to goods caused by transportation delay
D. some goods were damaged by typhoon during transportation.
8 1. Which of the following statements is true about the Convention on the Settlement of Investment Disputes between States and Other Countries and the International Center for the Settlement of Investment Disputes established under the Convention?
A the center has jurisdiction over legal disputes directly caused by investment.
B the disputes under the jurisdiction of the center must be about the existence or scope of legal rights or obligations, or about the nature or limit of compensation for violation of legal obligations.
C. Ratification or accession to the Convention does not in itself mean that the Contracting State undertakes the obligation to submit specific investment disputes to the Center for mediation or arbitration.
D. the award of the center is binding on all parties to the dispute.
82. Company A undertook a project in country B and signed a construction contract with it. Bank C issued a demand guarantee for this project. B after the civil war, the project could not be completed as scheduled. Which of the following options is correct in this regard?
A. Bank C shall not perform the obligation of guarantee before substantially examining the fact of breach of contract due to war.
B. Because the breach of this contract is due to the civil war of Party B, Bank C may fail to perform the guarantee obligation on this ground.
The demand guarantee issued by C.C. Bank is independent of this contract, and the guarantee obligation shall be fulfilled as long as there is a breach of contract.
D. The guarantor of the letter of guarantee can directly ask Bank C to fulfill the obligation of the letter of guarantee without resorting to various remedies from Company A..
Indefinite choice questions:
(4)
Company A and Company B signed a contract on May 20th, 201/year, and Company A sold a batch of tablet computers to Company B.. Company A and Company B have their places of business in country A and country B respectively, and both countries are parties to the United Nations Convention on Contracts for the International Sale of Goods. The goods under this contract were shipped by the merchant ship Xiaoxiang of Company C in Country C, with the port of shipment being the port of Country A and the port of destination being the port of Country B. During the transportation, Company B and Company D of China reached an agreement on the resale of the goods. Please answer question 97- 100.
97. The voyage route of Xiaoxiang to transport these tablets will pass through the neighboring areas of Dingguo. According to the United Nations Convention on the Law of the Sea, the following options are correct:
"Xiaoxiang" enjoys the same rights and obligations when passing through the adjacent areas of Ding State as when passing through the territorial waters of Ding State.
B. When Xiaoxiang transits, Guo Ding can control the airspace in the neighboring areas.
C. Guo Ding may, according to its territorial sovereignty in the contiguous zone, provide separate navigation channels for ships such as Xiaoxiang.
D "Xiaoxiang" shall abide by the laws and regulations of Ding State on customs, finance, immigration and health.
98. Company B and Company D had a dispute over the ownership of tablet computers during transportation, and Company D appealed the dispute to a court in China. According to the relevant laws of our country, the law on tablet ownership applies, and the following options are correct:
A. If the parties have agreed, the law chosen by the parties can be applied, and the law of place B can also be applied.
If both parties have an agreement, the law chosen by both parties shall apply.
C. if there is no agreement between the two parties, law a shall apply.
If there is no agreement between the two parties, law B shall apply.
Regarding the application of trade terms, Company A and Company B only agree to apply FOB terms in their sales contracts. In this regard, the following options are correct:
This contract is governed by 20 10 Incoterms.
B. the risk of goods should be transferred from company a to company b when the goods are delivered to company C.
Company C.B must enter into a contract to transport the goods from the designated port of shipment at its own expense.
D The United Nations Convention on Contracts for the International Sale of Goods is no longer applicable because both parties have chosen trade terms.
100. if the goods arrive in country b, company e of country b accuses tablet computer of infringing the patent right obtained in country b, resulting in the goods being detained by the customs of country b, and company b claims compensation from company a ... in the following options, company a is not responsible:
Company A and Company A did not know that the goods might be infringed by Law B when they concluded the contract.
Company B knew that the goods had third-party rights when concluding the contract.
C.A company produces according to the technical drawings and styles provided by B company.
Company D.B knew that the goods were infringed after concluding the contract, but failed to inform Company A in time within a reasonable time.