A. What happens within the territory of country A belongs to the domestic affairs of country A. B. The discharge of pollutants by country A should be approved by the International Maritime Organization.
C. Country A bears international legal responsibility for the discharge of pollutants, and country B can solve the discharge problem with country A through consultation.
D. According to the "polluter pays" principle, only the harmful party, that is, the power company to which the nuclear power plant belongs, can bear full responsibility. According to the laws of China and country A, Zhang's behavior is regarded as a crime. China has no mutual legal assistance agreement with 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 embezzlement of property
C. When Zhang fled to the high seas on a merchant ship of country A, China has the right to send personnel to arrest him on the high seas
D. Country A has the obligation to extradite Zhang to China
34. Party A and Party B agreed 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 its obligations as determined in the judgment. According to the Statute of the International Court of Justice, which of the following statements is correct about country B?
a. You can apply to the International Court of Justice to instruct the domestic courts of country A to enforce the judgment
b. You can apply to the International Court of Justice to enforce the judgment
c. You can appeal to the UN Security Council, requesting the Security Council to make suggestions or decide to take measures to enforce the judgment
d. You can appeal to the Legal Committee of the UN General Assembly, and the Legal Committee will decide to take action to enforce the judgment
35. In the trial of a foreign-related contract dispute case, the China court determined that Which of the following statements is correct about the identification and application of Law A?
a. If the parties choose to apply the laws of country A, the court shall assist the parties to find out the laws of that country
B. The applicable laws of country A include the applicable laws of that country
C. If the laws of country A cannot be found out, the laws of the People's Republic of China shall apply
D. If the laws of country A cannot be found out, the parties' claims shall be rejected
36. According to the relevant laws of our country, which country's law should be applied to the company's civil capacity?
A. A law
B. B law
C. China law
D. B law or China law
37. Company A in Taiwan Province sued Company B on the mainland for contract disputes, and the Taiwan Province District Court ruled that Company B lost the case. Company B has property in both 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 in 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. If the judgment is less effective 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 as the case may be
D. If Company A applies for the recognition of the judgment, it shall submit it within one year after the validity of the judgment is determined
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 residences; If * * * does not have the same habitual residence, the laws of the country of nationality of * * * shall apply; If one party does not have the same nationality and marries in the habitual residence or country of nationality, the law of the place where the marriage was concluded shall apply. Which of the following conflict norms does this provision belong to?
A. Unilateral conflict norms
B. Overlapping conflict norms
C. Unconditional choice of applicable conflict norms
D. Conditional choice of applicable conflict norms
39. After accepting a foreign-related civil case, a court in China decided to apply national law A according to the facts. However, when looking up the national law of A, I found that different states in A implement 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 decide which state law of country A is applicable by agreement
b. Directly apply the state law which has the closest connection with the foreign-related civil relationship
c. First, apply the interregional conflict law of country A to determine the applicable law. If there is no interregional conflict law in country A, apply the China law
d. First, apply the interregional conflict law of country A to determine the applicable law. When Company A took the original bill of lading to pick up the goods at the destination port, it found that the goods had been picked up by Company C with a duplicate 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, there is no need to endorse the original bill of lading.
B. The goods were picked up by Company C, so Company A can't claim compensation from Company B.
Although Company A and Company C have reached an agreement on payment for the goods, they have not been paid, which does not affect Company A's demand for responsibility from Company B.
D. Company B should bear the losses caused by delivery of goods without bill of lading within the scope of liability limitation.
4. According to the relevant laws and regulations of our country, which of the following options is correct?
a. The investigation of safeguard measures initiated by relevant departments in China should be based on the application of relevant domestic producers.
b. Relevant departments in China can only take safeguard measures for imported materials from country A.
c. If enterprises from country A agree to make price commitments, they can avoid being taken by China.
d. If safeguard measures are taken, the scope of materials targeted by the measures should be consistent with the scope of investigation.
42. 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?
a. The taxpayer of anti-dumping duty is the exporter of the raw material
b. During the anti-dumping investigation, the Ministry of Commerce may suggest the importer to make a price commitment
C. If the anti-dumping duty determined by the final ruling is higher than the provisional anti-dumping duty or guarantee amount paid or payable, 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 guarantee amount paid or payable, the difference will not be refunded
.
a. Commitment that all China enterprises have the right to import and export goods after China's accession to the WTO, including the export of goods exclusively owned by the state
b. The practice that importing members choose to substitute national prices when conducting anti-dumping investigations will be terminated 15 years after the entry into force of the Protocol on China's accession to the World Trade Organization
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. Transitional safeguard measures for China products are basically the same as the requirements of safeguard measures, and the implementation procedures are relatively simple
44. According to convention establishing the multilateral investment guarantee agency, which of the following statements about MIGA is correct?
A. The risks covered by 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 other than the host country
C. Investors from both developing countries and developed countries can apply for insurance from MIGA
D. According to the relevant rules of international law, which of the following options is correct?
A. The countries along the A River have sovereignty over its own reach
B. The countries in the upper reaches of the A River can carry out diversion works on their own sovereign reach to solve their own water shortage problem
C. The B River is also open to merchant ships from non-coastal countries
D. The nature of the international river determines that it belongs to the same property of mankind
75. There is a civil war in A country. According to the relevant rules of international law, which of the following options is correct?
a. country b's plane may fly over country c's airspace by itself because it picks up its nationals
b. country b's plane may not fly into country a's airspace without permission
c. country c has the right to ask it to land at a designated place without permission
d. country c's military plane has the right to shoot down the plane that flies over country c's airspace without permission after warning
76.
a. In case of a dispute between Party A and Party B over the use of the border river, country C can intervene in order to support country A.
b. In case of 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 can submit their exclusive economic zone dispute to the United Nations International Court of Justice by written agreement, which has jurisdiction over this dispute.
d. The International Court of Justice can give advice on the settlement of international disputes, which is legally binding.
A. Contract
B. Infringement
C. Property right of immovable property
D. Litigation divorce
78. Terry, a Chinese, has lived in country B for a long time, while Wang, a Chinese, has lived in China for a long time. They are engaged in competing products in Beijing. Terry posted news against Wang from time to time on the Internet, 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 are wrong?
a. the content of the right of reputation should be governed by the laws of China, because the obligee's habitual residence is in China
b. The infringement of portrait right should be governed by the laws of country A, because the infringer is a national
c. The infringement of name right should be governed by the laws of country B, because the infringer's habitual residence is in country B. D. The network infringement should be governed by the laws of country C, because the infringer is a national
. Chen Mou 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 the 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 directly serve it on the representative office.
d. If it is served by public announcement and other means, The date of delivery should be determined according to the first mode of delivery
8. Company A of China signed a tea export contract with company B of a country, and insured W.P.A., and agreed to ship it by the "Natural" freighter of company C. Which of the following options are covered by insurance companies?
a. damage to goods caused by external reasons such as tea odor in transportation
b. damage to goods caused by collision with another ship due to the fault of "Nature" in transportation
c. damage to goods caused by delay in transportation
d. partial damage to goods caused by typhoon in transportation
81. About the Convention on Settlement of Disputes between People's Investment of Countries and Other Countries and the settlement of international investment established in accordance with it.
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. Ratifying or acceding to the convention itself does not mean that the contracting state undertakes the obligation to submit a specific investment dispute to the center for mediation or arbitration
D. The award of the center is binding on all parties to the dispute
8. Bank C issued a demand guarantee for the project. After the civil war in country B, the project could not be completed as scheduled. Which of the following options are correct in this regard?
A. Party C will not perform the guarantee obligation until it substantially examines the fact that the contract was breached due to the war.
B. Because the reason for the breach of the contract is the civil war in Party B, Bank C can not perform the guarantee obligation on this ground.
C. The demand guarantee issued by Bank C is independent of the contract, and it must perform the guarantee obligation as long as the breach of the contract occurs.
D. The guarantor of the guarantee does not need to take various relief methods to the company in Party A. You can directly ask Bank C to fulfill the guarantee obligation
Multiple choice questions:
(4)
A company and B company signed a contract on May 2, 211, and A company sold a batch of tablet computers to B company. 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 the contract are shipped by the merchant ship Xiaoxiang of Company C in Country C, with the loading port being a port in Country A and the destination port being a port in Country B.. In transit, Company B reached an agreement with Company D of China on the resale of the goods. Please answer questions 97-1.
97. The navigation route of "Xiaoxiang" to transport these tablets will pass through the adjacent area of Ding Guo. According to the United Nations Convention on the Law of the Sea, The following options are correct:
A. The rights and obligations of the Xiaoxiang when passing through the adjacent area of Ding Guo are the same as those of the innocent passage in the territorial waters of Ding Guo
B. Ding Guo can control the airspace over the adjacent area when passing through
C. Ding Guo can regulate the separate navigation of the Xiaoxiang and other ships according to its territorial sovereignty in the adjacent area
D. " According to the relevant laws applicable in China, the following options are correct:
A. If the parties have an agreement, the law chosen by the parties can also be applied.
B. If the parties have an agreement, the law chosen by the parties should be applied.
C. If the parties have no agreement, the law of A should be applied.
D. If the parties have no agreement, the law of B should be applied.