The following is an article on the 2014 self-study method introduction simulation sprint test questions compiled for your study and reference!
1. Multiple choice questions (this major question has 20 small questions, each question is 1 point, ***20 points)
1 The root cause of the contradiction between the North and the South lies in ( )
A Developed countries strive to maintain the old international economic order, while developing countries strive to change the old international economic order.
B Developed countries and developing countries have mutual conflicts in real economic life. Relationship of dependence
C Ideological variation
D Unfair distribution of wealth and great disparity between rich and poor in the world
2 The principle of "change of circumstances" does not apply ( )
A multilateral convention B bilateral treaty C boundary treaty D international credit contract
3 The following sales of goods within the scope of application of the United Nations Convention on Contracts for the International Sale of Goods are ( )
A Compensation trade
B Purchase and sale of goods being manufactured or produced
C Purchase of household goods by general consumers
D Securities purchase and sale
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4 The object of adjustment by international technology transfer law is ( )
A technology transfer
B cross-border technology transfer
C cross-border Legal relations of technology transfer
D Technology transfer between parties of different nationalities
5 Industrial property rights are a special kind of property rights. Compared with general property rights, industrial property rights have obvious characteristics. , the following characteristics that do not distinguish industrial property rights from general property rights are ( )
A Regionality B Tangibility C Duration of protection D Exclusivity
6 The overall structure of international investment law The most important component is ( )
A. Foreign investment laws or foreign-related investment laws of developed countries
B. Various bilateral international treaties involving cross-border investment issues
C Foreign investment laws or foreign-related investment laws of developing countries
D Various international conventions involving cross-border investment issues
7 The following views on the "Guidelines on the Treatment of Foreign Direct Investment" are not The correct answer is ( )
A is developed under the auspices of the World Bank
B is a guiding document
C is of course not binding on all countries< /p>
D is of course binding on contracting states unless a valid reservation is made to a certain provision
8 Which of the following statements about MIGA is incorrect ( )
A Its purpose is to promote the flow of foreign capital to developing countries
B Whether it is a developing country or a developed country, you can apply for insurance
C It requires guaranteed investment in the host country. Enjoy "fair and equal treatment and legal protection"
D It underwrites cross-border investments
9 Among the branches of the following multinational banks, the head office has the greatest control over ________ weak. ( )
A Manager's office B Branch C Affiliated bank D Affiliated bank
10 The most commonly used guarantee method in international financing is ( )
A Guarantee B Standby letter of credit C Letter of intent D Property security
11 Taxation of non-resident business income is generally adopted internationally ( )
A Gravity principle
B Principle of actual connection
C Principle of permanent establishment
D Principle of citizen tax jurisdiction
12 The "OECD Model" stipulates that if an enterprise of a Contracting State is established in a Contracting State, If the construction and installation engineering activities are engaged in the territory of the other party and the continuous existence time is more than ________, a permanent establishment shall be constituted.
( )
A 12 months B 6 months C 23 months D 3 months
13 In the main international foreign-related economic jurisdiction systems, "actual control" is the The system based on which jurisdiction is exercised is ( )
A territorial jurisdiction
B personal jurisdiction
C worldwide jurisdiction
D Common law jurisdiction
14 The United Nations Conference on Trade and Development adopts a ________ voting system. ( )
A One-country-one-vote system B Weighted voting system C Balance system D Group voting system
15 According to the provisions of the China International Economic and Trade Arbitration Commission Arbitration Rules, the arbitral tribunal When a majority opinion cannot be formed, the basis for the arbitral award is ( )
A The opinion of the chairman of the arbitration committee
B The opinion of the secretary-general of the arbitration committee
C The chief executive of the arbitral tribunal Opinion of the Arbitrator
D Opinion of the Arbitral Tribunal’s Sole Arbitrator
16 At present, in the overseas investment insurance systems of various countries, only a few countries’ insurance institutions guarantee the following political risks ( )
A Foreign exchange prohibition insurance B Property expropriation insurance C War and civil strife insurance D Government default insurance
17 For investment income, the income tax method generally adopted by the source country is ( )
A Credit B Reduction C Withholding D Deduction
18 Which of the following are multilateral development assistance agencies in the world ( )
A World Bank Group B International Monetary Fund
C World Trade Organization D United Nations Conference on Trade and Development
19 On the issue of when remote acceptance will take effect, the Anglo-American and French countries adopt ( )
A Arrival doctrine B Fiduciary doctrine C Mail delivery doctrine D Behaviorism
20 Which of the following does not belong to the seller's obligations in FCA ( )
A Provide electronic documents and others Voucher
B Go through the customs formalities required for export
C Obligation to enter into a transportation contract and insurance contract
D Bear all risks before delivery of the goods
2. Multiple-choice questions (this major question has 10 questions, each question is worth 2 points, and each question is worth 20 points)
21 The United Nations Convention on Contracts for the International Sale of Goods does not Applicable to __________ sales.
( )
A washing machine
B H stocks
C Daya Bay Nuclear Power Station
D ocean freighter
E aircraft
22 In international licensing contracts, the main clauses that protect the interests of the recipient are ( )
A. Guarantee and claim clauses
B. Confidentiality clauses
C Product assessment and acceptance clause
D Force majeure clause
E Breach of contract and its remedies
23 In the "National Treatment and Most Favored Nation Treatment" clauses In the exception of "Union of States", the "Union of States" referred to includes ( )
A Federal State
B Regional Union
C Customs Union
D Free Trade Area
E Economic Alliance
24 The following are the main situations of early default stipulated in international financing agreements ( )
A Chain Default
B The borrower loses his or her ability to repay the debt
C The collateral is damaged or devalued
D There is a significant adverse change in the borrower's condition E The borrower's assets are expropriated or nationalized
25 Regarding the following arbitration settlement methods, the correct statement is ( )
A The arbitration award is final
B The arbitration institution is a private organization
C The prerequisite for arbitration by an arbitration institution is that the parties to the dispute reach an agreement
D The arbitration institution has legal jurisdiction
E Arbitration has become the most important way to resolve international economic disputes
26 The following correct statement about the "General Principles of International Commercial Contracts" is ( )
A This convention is an international convention
B This convention is an international practice
C The convention is divided into seven chapters and 119 articles
D The convention stipulates the principle of good faith and freedom of contract
E The convention stipulates that contracts must be in writing Form of establishment
27 Patented technology as the object of international technology transfer includes ( )
A. Commercial technical knowledge
B. Industrial technical knowledge
< p> C Invention patented technologyD Utility model patented technology
E Design patented technology
28 The main risks insured by investment insurance institutions in each capital-exporting country Others ( )
A Foreign exchange prohibition insurance B Property expropriation insurance C Government default insurance
D War and civil strife insurance E Third-party liability insurance
29 Statutory The most common form of differential exchange rate is ( )
A Trade exchange rate B Disguised differential exchange rate C Financial exchange rate
D Fixed exchange rate D Floating exchange rate
30 Countries on the international The review system of securities public offering banks can basically be divided into ( )
A Franchise system B Registration system C Recognition system D Registration system E Approval system
3. Short answer questions (this major question ***3 questions, each question is worth 5 points, ***15 points)
31 Briefly describe the broad doctrine of international economic law.
32. What are the methods for resolving investment disputes stipulated in the mutual protection investment agreements signed by my country?
33 Briefly describe the concept and classification of international licensing contracts.
4. Essay questions (this major question has 2 small questions, each question is 15 points, 30 points each)
34 Try to describe my country’s new policies on the international sale of goods. prescribed control measures.
35 Describe the concept of tax sparing credits and their main differences from general foreign tax credits.
5. Case analysis questions (15 points for this question)
36 An import and export company in Shandong entered into a contract with a foreign company to import 5,000 tons of urea. According to the contract, we issued The irrevocable documentary letter of credit in favor of the foreign company has a total amount of US$1.48 million. The parties agreed that if any disputes arise, they will be submitted to the China International Economic and Trade Arbitration Commission in Beijing for arbitration. After the goods were shipped in October 1990, the foreign company paid for the goods at the bank with the bill of lading. After the goods arrived in Qingdao, our company found that the urea had serious quality problems, and immediately asked the commodity inspection agency to conduct an inspection, which confirmed that the batch of urea was a waste product with no practical value. Our company requires the bank to recover the paid amount with the commodity inspection certificate, otherwise it will refuse to pay the bank.
Question:
(1) Should the bank recover the payment paid? Why?
(2) Does my company have the right to refuse payment to the bank? Why?
(3) Does the China International Economic and Trade Arbitration Commission have the authority to accept this case? What is the basis?
(4) How should my company protect its interests?
Reference answers
1. 1 D 2 C 3 B 4 C 5 B 6 C 7 D 8 B 9 D 10 A
11 C 12 A 13 D 14 D 15 C 16 D 17 C 18 A 19 C 20 C
2. 21 BCDE 22 AC 23 CDE 24 ABCDE 25 ABCE
26 BCD 27 CDE 28 ABD 29 AC 30 DE
III. 31 (1) Regarding the adjustment objects of international economic law. The broad theory holds that international economic law is the legal norm for economic exchanges that transcends a country's national borders. Its adjustment objects include not only the economic relations between national governments, international organizations, and national governments and international organizations, but also include a large number of individuals belonging to different countries, between legal persons, between individuals and legal persons, and between them. Various economic relationships with foreign governments or international organizations.
(2) About the subject of international economic law. It is considered to include not only national governments and international organizations engaged in cross-border economic exchanges, but also all natural and legal persons engaged in such economic exchanges.
(3) About the content and nature of international economic law. It is believed that international economic law does not fall within the scope of public international law, and its content is not limited to international conventions, treaties, agreements that regulate international economic relations and various international practices that are of a public law nature. In addition, it also includes private international law, international commercial law and international business practices that are used to adjust all cross-border economic relations, as well as the foreign-related parts of civil and economic laws of various countries. It can be seen that international economic law should be the international law and domestic law that adjust international economic relations. The marginal complex of law.
32 (1) The investment disputes between the host country and investors have the following solutions: first, they should be resolved through friendly consultations by both parties to the dispute as far as possible; second, if 6 If the situation cannot be resolved within three months, the investor may choose to file a complaint with the competent administrative authority of the contracting party to seek relief, or file a judicial lawsuit with a court with jurisdiction over the contracting party that accepts the investment; third, compensation for expropriation The amount and other disputes that both parties agree to submit to arbitration may be submitted to an international arbitration tribunal for arbitration.
(2) There are two ways to resolve disputes between contracting parties: first, through negotiation. If the negotiation cannot be resolved, it will be submitted to arbitration.
33 An international licensing contract, also known as an international licensing agreement, refers to an agreement between two parties with business locations in different countries. One party allows the other party to obtain the industrial property rights, intangible property rights or proprietary technology owned by it. A written agreement whereby the other party obtains the right to use and pays the royalties.
International licensing contracts can be classified differently according to different standards: (1) According to the size of the use rights granted by the supplier to the recipient as stipulated in the licensing contract and the rights that the recipient is subject to in the scope of production and operation and geographical area International licensing contracts can be divided into: exclusive licensing contracts, exclusive licensing contracts and general licensing contracts; (2) According to the provisions of the licensing contract on whether the recipient has the right to re-transfer the purchased technology, the international licensing contract can be divided into For: transferable license contract and non-transferable license contract.
4. 34 my country’s new regulations on the control of the international sale of goods include:
(1) Safeguard measures. my country's Foreign Trade Law stipulates that when the number of imported products increases and domestic producers of identical products or products that directly compete with them are seriously damaged or threatened with serious damage, the state may take necessary safeguard measures to eliminate or mitigate such damage. or threat of harm. The so-called necessary safeguard measures refer to setting import quotas or setting up an import licensing system.
(2) Anti-dumping. The so-called "dumping" refers to a situation in which products are imported at a price lower than the normal value, thereby causing the threat of substantial damage to established domestic related industries, or causing substantial obstacles to the establishment of domestic related industries. When dumping occurs, countries can take necessary anti-dumping measures. A common practice among countries is to impose anti-dumping duties on dumped products.
(3) Countervailing. When imported products directly or indirectly receive any form of subsidies from the exporting country and thereby cause substantial damage or the threat of substantial damage to established related domestic industries, or cause substantial obstacles to the establishment of related domestic industries, the state may Take necessary measures to eliminate or mitigate such damage or the threat or obstruction of damage. Countervailing measures, a common practice in various countries is to impose countervailing duties on subsidized products.
35 Tax sparing credit, also known as tax sparing, is a special foreign tax credit system. Tax sparing credit means that the country of residence grants its residents a credit for the tax that is not actually paid because they enjoy the tax exemptions and exemptions of the source country.
Compared with general foreign tax credits, tax sparing credits have the following characteristics: First, tax sparing credits are intended to enable the source country’s tax preferential policies for foreign investment to achieve effective results; at the same time, This allows international investors to benefit from tax incentives in the source country, rather than solving international double taxation like a general foreign tax credit. Second, tax sparing credits must be implemented through bilateral tax treaties. General foreign tax credits can also be enjoyed by residents in the absence of a bilateral tax treaty. Third, in terms of general foreign tax credits, the practices of various countries are basically the same; but in terms of tax sparing credits, the practices of various countries are quite different.
V. 36 (1) The bank cannot recover the loan because the documents submitted by the seller are consistent with the letter of credit.
(2) Our import and export company has no right to refuse to pay the bank for the redemption order because of the principle of independent letter of credit.
(4) Our arbitration committee has the right to accept this case based on the arbitration agreement signed by both parties.
(5) Submit arbitration in accordance with the arbitration clause and demand damages or loan recovery from the seller.