一.名词解释
TRIMS.投资保护协定.外商投资股份有限公司.股权式合营企业."根本违反合同"
适航责任.国际许可证协议.替代国制度
二.论述题
1.根据我国法律规定,简要说明外商投资企业在我国取得土地使用权的主要方式及其不用特
点
2.简述国际货币基金组织的法律地位和国际货币基金协定的基本原则
3.<1990年国际贸易术语解释通则>的主要特点是什么
4.试述关税在GATT中的法律地位
三。案例题
INTRODUCTION
Aswer in Chinese the following questions after you read the cases.You must a
nswer them precisely to the point.Put forward the various basic principles o
f the laws to support your argument.
Case 1
In June 1990, a Chinese trading company concluded a joint venture contract w
ith a foreign industrial company.Under the contract,the two parties woukd mak
e joint investment to establish Grant Hotel of New Century with the
total investment of USDTen million and registered capital of USD five milli
on.Each party must contribute 50% of registered capital.
After the approval of joint venture contract,the Chinese party performed the
obligation of contributing capital.However,the foreign side failed to contr
ibute any capital by the end of December.When the construction of major buil
ding of hotel was completed in Augest 1991,the foreign party remained failur
e to contribute capital,which resulted in the great loss of the Chinese canc
ellation of the joint venture contract.At the same time,the Chinese side sugb
mitted the disp
ute to the arbitration body in Beijing according to the arbitration clause i
n the contract,claiming for damages from the foreign side.
Question:
1)Did the Chinese company have the right to cancel the joint venture contrac
t/Why?
2)How to deal with the dispute concerning the loss or damage?(Suppose you we
re an arbitrator of the arbitration body,please give your opinion to the cas
e)
Case 2
A Chinese company and a Hong Kong company reached a joint venture agreement
to establish a hotel at the end of 1989 in China.The total investment contri
buted ty the two parties equaled $2 million and each party ,respectively,sha
red 50% equity of the joint venture,In July 1990,the Hong Kong company declar
ed bankruptcy in Hong Kong.Later,the Hong Kong c
ompany entered into a new agreement with the third party for assignment(tran
sferring)of its equity of the joint venture to the latter so as to repay a d
ebt from the assignment.The assignment agreement was submitted to the local
government for approval.Having discovered what had happened,the Chinese comp
any requested the Hong Kong company to cancel the assignment agreement and pr
oposed to receive the Hong Kong party's equity in the same conditions.
After such request and proposal were refused by the Hong Kong company,the Ch
inese company filed a lawsuit against the Hong Kong company.
Questions:
1)Was the said assignment agreement effective under Chinese law?Why?
2)What was the right of the Chinese party in the matter of Hong Kong party's
equity assignment under Chinese law?