法学院 2006—2007 学年第（一）学期期末考试
《International Trade Law》试卷（A）
年级
题号
得分
一
班级
二
三
姓名
四
五
学号
六
七
八
总分
I. Translation (20%)
1．公法
11．对价
2．国际公约
12．liability on the instrument
3．行使管辖权
13．endorsement in blank
4．仲裁
14．Documents Against Acceptance
5．知识产权
15．sovereign immunity
6．无效的
16．actionable subsidies
7．根本违约
17．choice-of- law clause
8．实际履行
18．EXW
9．托运人
19．retention of title
10．缔约国
20．confirming bank
II. Choose definitions (20%)
1．treaty
12．Avoidance
2．Estrada Doctrine
13．dirty hand
3．lex mercatoria
14．freight forwarder
4．personal jurisdiction
15．demurrage
5．forum selection clause
16．trade acceptance
6．direct effect
17．order paper
7．national treatment rule
18．account party
8．deductive value
19 ． Uniform
9．dumping
Documentary Credits
10．rules of origin
20．rule of strict compliance
Customs
and
Practices
for
11．common law parol evidence rule
A．a charge made by a shipowner when a charterer keeps a ship idle for more than the agreed-upon lay days
B．the person who requests a bank or some other person to issue a letter of credit
C．a bank may reject a document submitted by a beneficiary seeking to obtain payment on a letter of credit
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when the document does not exactly comply with the description stated in the credit
D．model rules issued by the International Chamber of Commerce for regulating letters of credit
E．notification by a party that it is canceling a contract and returning everything already received
F．a firm that makes or assists in the making of shipping arrangements
G．laws, regulations, and administrative procedures used by states for determining the country of origin of
goods
H．value of imported goods that is based on the price actually paid for similar goods by unrelated persons in
the importing country at about the same time
I．when a contract describes itself as being complete and final, preliminary or informal agreement made
prior to or at the same time the contract was made will be ignored when interpreting it
J．legally binding agreement between two or more states
K．a provision in a contract designating a particular court or tribunal to resolve any dispute that may arise
concerning the contract
L．once imported goods are within the territory of a state, that state must treat those goods no less favorably
than its own domestic goods
M．doctrine that foreign governments will not be explicitly recognized
N．the requirement that a tribunal must have power over the parties before it may hear a dispute
O．the principle whereby a treaty may be invoked by a private person to challenge the actions of a state that
is a party to the treaty
P．common commercial rules and procedures used throughout Europe in the Renaissance
Q．selling exported goods at prices below their normal value
R．maxim that a party whose actions cause the other party to breach may not complain
S．a bill of exchange or promissory note that is payable to the bearer or to cash
T．a bill of exchange on which the drawer and the payee are the same person
III. True or False (20%)
1．The most commonly used private trade terms are the International Chamber of
Commerce’s Incoterms.
2．The FAS (port of shipment) trade term requires a seller to deliver goods to a named port
alongside a vessel to be designated by the buyer and in a manner customary to the
particular port.
3．When a discrepancy is noted on the face of a bill of lading, it is called a “claused” bill of
lading.
4．Under a voyage charterparty, the charterer engages the use of a vessel for a stated period
of time and promises to pay “hire” monthly.
5．In common law countries, before a vessel may be arrested as part of a proceeding to
foreclose on a maritime lien, the owner of the vessel must be notified.
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6．A transaction is an “international sale” governed by the United Nations Convention on
Contracts for the International Sale of Goods (CISG) only if the states in which the buyer
and seller have their places of business are contracting parties to the convention.
7．The United Nations Convention on Contracts for the International Sale of Goods (CISG)
makes illegal contracts unenforceable.
8．Contracts governed by the United Nations Convention on Contracts for the International
Sale of Goods (CISG) have to be in writing to be enforceable.
9．A would-be acceptance that contains material differences from the offer is a counteroffer.
10．According to the United Nations Convention on Contracts for the International Sale of
Goods (CISG), the parties to an international sales contract may not allocate risk among
themselves, but must rely on the rules for passage of risk contained in the CISG.
11．In common law countries, a bill of exchange or draft must contain the term “bill of
exchange” both in the heading and the language of the instrument.
12．Unlike a bill of exchange which is a three party instrument, there are only two parties to
a promissory note: a maker and a payee.
13．A bill of exchange or a promissory note that is “bearer paper” is negotiated by
endorsement and delivery.
14．An irrevocable letter of credit is a credit on which a second bank has added its
endorsement, indicating that it, too, will make payment against the specified documents.
15．Issuing banks and confirming banks only have to examine the documents described in a
letter of credit with reasonable care to determine that they appear on their face to be in
accordance with the terms and conditions of the letter of credit.
16．The General Agreement on Tariffs and Trade’s (GATT 1994’s) “Most Favored Nation
Rule” requires a country to treat products equally with its own domestic products once
they are inside that border.
17．Once a free trade agreement or customs union is established, The GATT rules apply to
the union or area as a whole and not to its constituent states.
18．The WTO Antidumping Code forbids WTO member states from dumping (i.e.,
introducing the commerce of one country into another at less than its normal value).
19．Only “specific subsidies” are subject to the “disciplines” of the WTO’s Agreement on
Subsidies and Countervailing Measures.
20．The World Trade Organization is a new supranational organization with the power to
usurp sovereignty from its member states.
IV. Multiple choices (20%)
1．The sources of international law which Article 38(1) of the Statute of the International
Court of Justice states that the court is permitted to use in settling disputes are:
a. general principles of law.
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b.
c.
d.
e.
international conventions.
the case law of municipal courts.
All of the above.
Both a. and b. above
2．Which of the following states is not required to observe a particular rule of customary
international law?
a. A persistent objector.
b. A state that has recently acquired its independence following the division of its
predecessor state.
c. A superpower.
d. All of the above.
e. Both a. and b. above.
3．In the United States, a treaty adopted by authority of the President alone (i.e., without the
consent of the Senate) is known as a/an:
a. constitutional convention.
b. executive agreement.
c. presidential treaty.
d. Truman treaty.
e. None of the above.
4．Which of the following organs of the United Nations is primarily responsible for promoting
respect for human rights?
a. Economic and Social Council.
b. General Assembly.
c. International Court of Justice.
d. Secretariat.
e. Security Council.
5． Which of the following were most influential in the development of the German Civil
Code of 1896?
a. Academic writers.
b. Commentators.
c. Humanists.
d. Naturalists.
e. Pandectists.
6．When a mediator provides a channel of communication (and nothing more) between the
parties to a dispute, he is:
a. arbitrating.
b. attempting a conciliation.
c. providing his good offices.
d. using diplomatic tact.
e. None of the above.
7．The power of the International Court of Justice to express an opinion about issues of
international law at the request of the United Nations or its specialized agencies is known as:
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a.
b.
c.
d.
e.
advisory jurisdiction.
appellate jurisdiction.
contentious jurisdiction.
interlocutory jurisdiction.
None of the above.
8．The WTO Dispute Settlement Body automatically adopts the report of a dispute settlement
panel within 60 days after it has been circulated unless:
a. one of the parties appeals the decision.
b. the Dispute Settlement Body decides by consensus not to adopt the report.
c. the Dispute Settlement Body is not in session.
d. All of the above.
e. Both a. and b. above.
9．A municipal court has jurisdiction to hear a criminal dispute if the crime was committed by
a national of its own state. This is known as the:
a. Nationality nexus.
b. Protective nexus.
c. Territoriality nexus.
d. Universality nexus.
e. None of the above.
10．A case before the International Court of Justice will be concluded:
a. if the parties tell the Court that they have reached a settlement.
b. if the applicant state withdraws its suit.
c. if the Court delivers a judgment.
d. All of the above are ways in which a case can be concluded.
e. None of the above.
11．The Final Act of the Uruguay Round of Multilateral Trade Negotiations is made up of:
a. the formal Final Act of the Uruguay Round of Multilateral Trade Negotiations.
b. the World Trade Organization Agreement and its annexes.
c. Ministerial Declarations, Decisions, and Understandings.
d. All of the above.
e. Both b. and c. above.
12．Which of the following is not one of the main organs of the WTO?
a. Council for Trade in Goods.
b. Council for Trade in Services.
c. General Conference.
d. Ministerial Conference.
e. World Intellectual Property Organization.
13．Which of the following is not a “primary commodity” as that term is used in the General
Agreement on Tariffs of Trade (GATT 1994)?
a. Automobiles.
b. Bananas.
c. Rubber.
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d.
e.
Timber.
Vegetable oils.
14．According to the WTO Agreement on Safeguards, a WTO member state may not adopt a
safeguard measure until it conducts an official investigation to determine if:
a. the quantities of a product being imported into the territory of the investigating state
have increased sufficiently to cause or threaten to cause serious injury.
b. the injury is to a domestic firm producing the same or directly competitive products.
c. the increase in the imported products is the actual cause of the injury to the domestic
firm producing the same or directly competitive products.
d. All of the above.
e. Both a. and b. above.
15．WTO member states are allowed to take measures contrary to the General Agreement on
Tariffs and Trade (GATT 1994) if the measures are:
a. designed to conserve exhaustible materials.
b. meant to protect national treasures of artistic, historic, or archaeological value.
c. necessary to protect human, animal, or plant life, or health.
d. All of the above.
e. None of the above.
16．A “holder in due course” is one who has acquired a bill of exchange or promissory note:
a. by negotiation.
b. by paying value for it.
c. in good faith.
d. All of the above.
e. Both b. and c. above.
17．Which of the following have “primary” liability to make payment on presentment of a bill
of exchange or a promissory note?
a. Drawees and makers.
b. Drawers and makers.
c. Drawees and endorsers.
d. Drawers and endorsers.
e. None of the above.
18．Which of the following letters of credit cannot be altered without the beneficiary’s express
consent?
a. Clean.
b. Confirmed.
c. Irrevocable.
d. Red Clause.
e. None of the above.
19．An advising bank:
a. assumes responsibility for paying the letter of credit.
b. is a corresponding bank in the beneficiary’s country which delivers the credit to the
beneficiary.
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c.
d.
e.
is liable to the beneficiary if it fails to take “reasonable care to check the apparent
authenticity of the credit.”
All of the above.
None of the above.
20．If the documents required by a letter of credit appear to be regular on their face, an issuing
or confirming bank should not pay on the letter of credit if its account party notifies the bank
that:
a. the goods are defective.
b. the goods are not packaged as required by the contract.
c. the goods were not delivered.
d. All of the above.
e. None of the above.
V. Case analysis (20%)
1．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 Buyer’s receipt of the letter, Seller called Buyer on the telephone and left
the following message on the answering machine at Buyer’s 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?
2. Seller agreed to deliver three software programs to Buyer that are specially designed for
Buyer’s business. The first was to be delivered in January, the second in February, the third in
March. The program delivered in January worked fine, but the one delivered in February was
defective. It not only failed to function properly, it also made the other two programs
effectively worthless. Seller was unable to correct the defect, and no suitable replacement
could be found from another supplier. What CISG remedies are available to Buyer?
3. Seller agreed to deliver 1,000 air conditioners to Buyer DES Port Moresby. The air
conditioners were transported by ship to Port Moresby, where they were off-loaded to the
customs shed for inspection. The ship then sent a cable to Buyer stating that the air
conditioners were in the customs shed and that the ship was proceeding on its way. Before the
Buyer could arrive to pay the customs duties and collect the air conditioners, the customs shed
burned down, destroying all the air conditioners. Buyer sues Seller for failing to make
delivery. Is Seller liable?
4. Seller in Bombay sells 5,000 bales of cotton to Buyer, C&F (Incoterms 1990) Liverpool.
Seller transports the cotton to the Bombay harbor and to the ship designated by Buyer, the SS
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Allthumbs. Due to an error in counting, there are only 4,987 bales loaded. The ship’s bill of
lading, however, shows a quantity of 5,000 bales. Seller then signs over the bill of lading to
Buyer in exchange for payment in full for the cotton. When the Allthumbs arrives in
Liverpool, the quantity error is discovered, and Buyer sues the ship for the lost value of the
missing bales. Is the ship liable? Would it matter if the Seller admitted that the error was not
the ship’s fault, but that of the Seller?
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Answers to International Trade Law test A
I. Translation
1. public law
2. international convention
3. exercise jurisdiction
4. arbitration (or arbitrate)
5. intellectual property
6. void
7. fundamental breach
8. specific performance
9. shipper
10. contracting state
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
consideration
票据责任
空白背书
承兑交单
主权豁免
可诉补贴
法律选择条款
出厂价格
所有权保留
保兑银行
II. Choose definitions
1.J; 2.M; 3.P; 4.N; 5.K; 6.O; 7.L; 8.H; 9.Q; 10.G; 11.I; 12.E; 13.R; 14.F; 15.A; 16.T; 17.S; 18.B; 19.D;
20.C.
III. True or False
1.T 2.T 3.T 4.F 5.F 6.F 7.F 8.F 9. T 10.F 11.F 12.T 13.F 14.F 15.T 16.F 17.T 18. F 19. T 20. F
IV. Multiple choices
1.d 2.a 3.b 4. a 5.e 6.c 7.a 8.e 9.a 10.d 11.d 12.e 13.a 14.d 15.d 16.d 17.a 18.c 19.b 20. e
V. Case analysis
1. The withdrawal was effective. CISG Article 15(2) states that firm offers may be withdrawn if the
withdrawal reaches the offeree “before or at the same time” as the offer. Here the withdrawal reached the
offeree before the offer, since the recorded withdrawal message was delivered to Buyer’s place of business
prior to Buyer’s receipt of the offer. See Article 24.
2. Under Article 73, Buyer may avoid the entire contract since the three programs are clearly
interdependent. Seller will have to take back the programs delivered in January and February (and return
the price Buyer paid), and Buyer may refuse delivery of the third (the March) program.
3. No. Under a DES contract, a seller fulfills his obligations by delivering the goods to the port of
destination and paying off the ship. The buyer is responsible for clearing the goods through customs.
4. The ship is liable. A bill of lading is conclusive evidence as to the description contained on its face
once it has been negotiated to an innocent third party. Even if the recipient of the bill of lading admits to
causing the mistake, the information on the bill of lading cannot be challenged.
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