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作业与习题

 

(一)中文部分(论述题)

1、              简述国际投资法的法定含义与特征。
2、              国际投资法是由哪些法律渊源构成的?
3、              何为国际投资法律关系,其基本内容如何?
4、              简述国民待遇原则在国际投资与国际贸易适用中的不同特点。
5、              外国投资者在中国取得土地使用权有哪些基本方式及区别?
6、              简述外资并购的含义、类型与特征。
7、              简述跨国公司在国际投资法中的地位。
8、              国际投资中母公司应否对其子公司的债务承担责任,为什么?
9、              简述双边投资保护协定在国际投资中的地位及基本内容。
10、          中外投资保护协定是如何确定投资待遇与解决投资争议的?
11、          简述TRIMS协定的基本内容与特征。
12、          分析服务贸易总协定与国际投资法的关系。
13、           简述多边投资担保公约的性质与特征。
14、          试析国家契约在国际投资中的法律地位与法律适用。
 
(二)英文部分
 

 

Part One ( Question Answer )

1. Give the definition of both equity joint venture and contractual joint venture as foreign investment in China , and make comparison of these two kinds of joint venture, i.e. pointing out the difference between the two kinds .
2. Describe respectively (1) legal forms of trade in service ; (2) the relationship between trade in service and international investment.
3. Give the definition of both registered capital and total amount of investment of joint ventures under Chinese law, and describe the relation between these two terms.
4. Describe two forms of foreign investment other than equity joint venture, contractual joint venture and wholly foreign investment enterprise, and point out their legal basis respectively.
5. Make the description of legal forms of trade in service, then point out the relation between trade in service and international investment.
6. Describe the difference between registered capital and total amount of investment of joint ventures, and the relation between these two terms. 
 
Part Two ( Case Analysis )
.1. A multinational company X (Company X) established a wholly foreign-owned enterprise Y (Company Y) in 1992 to produce a kind of electronic products and export. In May 1996, Company Y announced its bankruptcy due to its serious financial crisis and its failure to pay the mature debts. Because the property of Company Y was too limited to pay the debts, the debtees of Company Y filed a suit against Company X, requiring it to assume debts for its subsidiary-Company Y. They provided the following evidences to support their claims:
A.      The claim right of Company X was amount to 40%of the debts of Company Y.
B.      85% of the products of Company Y was sold to Company X and the selling price was much lower than the normal price to the other buyers.
C.     Company Y basically operated under the directions of Company X and all of its important decisions were made by its parent company-Company X.
Questions for Case:
(1)Whether or not what Company X has done was detrimental to its independent legal status from Company Y?
(2)Should Company X assume debts for Company Y to pay the debtees? Why?
 
2. A Hong Kong company and company A, company B in Xiamen City established a joint venture of plastics company in 1989. Hong Kong company accounts for 30% of total amount of registered capital; company A and company B account for the other 70%. After the two years of the joint venture establishment the plastics company suffered a great loss because of its bad management, which was in debt of 1.8 million Yuan RMB. Company A and Companies B suggested termination of the joint venture contract in advance, but the Hong Kong company rejected the proposal on the meeting of the board of directors. The conflict between the partners resulted in the further loss. The joint venture’s amount of loss was increased up to more than 7 million Yuan RMB. The Xia Men two companies brought suit against the Hong Kong company, claiming for the termination of the joint venture contract and dissolution of the enterprise.
Questions for Case:
(1) Whether termination of a joint venture contract must be agreed unanimously by board of directors under Chinese law?
(2) Should the foreign investment enterprise be dissolved in case the enterprise was in the condition of serious loss and lack of capacity to operate continuously under Chinese laws? If should, who will launch such a procedure of dissolution? And which department or organ is responsible for the examination and approval of dissolution?
(3) Can the dispute of the enterprise dissolution be submitted to the court for decision if no unanimous agreement were reached by all parties to the joint venture? If can, how to go through the liquidation procedure for the enterprise?
 
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