南京大學1996-2000國際經濟法試題

一.名詞解釋
非歧視原則.CFR.單證嚴格相符原則.特別提款權.單獨海損.關稅減讓原則.原產地規則.
注冊資本
二.論述題
1.試述國際經濟法的調整對象與法律特征
2.簡述國際經濟法的主要法律淵源,并請舉例說明之
3.如何理解國際貨物買賣中的權利擔保原則
4.試述投資保護協定的法律含義與主要內容
三.案例題(中文回答)
INTRODUCTION
Answer in Chinses the following questions after you read the cases.You must
answer them prexisely to the point,Put forward the various basic principles
of international trade law to support your argument

Case1 On Julu 10,a Chinese company sent an offer by telex to an American
company:selling 300 tons coffee beans,each metric ton at the price of USD
1,900CIF New York,firm offer standing for 2 weeks.On July 22,the Chinese
company leaned that the price of coffee beans on the international market
has raised by 30%.Just only on the morning lf July 22,the US company telexed
back an acceptance.

Questions:
1)Can the Chinese company raise the price of coffee beans from USD 1,900 per
ton to USD 2,500 per ton?
2)Dose the offer have legal binding force towards the offer (the Chinese
company)?In this case,can the offerer withdraw his offer?

Case 2 On November 10,1990,A(a Chinese forergn trade company,the seller and B
(an American company,the buyer)reached an agreement in terms of price,quantity
,quality,payment and shipment of certain product by exchange of fax between
them.Tow days later,A,as usual,mailed aletter of comfirmation to B and asked
B to return the letter having it signed,B found that the price in this letter
was somewhat different from that had been during the process of communication.
So B refused to sign the letter of comfirmation and asked A to deliver the on
.So B refused to sign the letter of confirmation and asked A to deliver the
goods according to the terms as previously settled by fax.A held that it was
under no obligation to supply the goods since they haven't entered into a
formal contract in accordance with the Law of Foreign Economic Contract of
China and international practice

Questions:
1)What is the main issue in this case?
2)If A brought the case before a Chinese people's court and if you were the judge in handling the case ,how would you choose the applicable law to resolve