Examination questions of international investment law
Course code: 00232
1. Multiple choice questions (this big question * * 15 small questions, each small question 1 point, * * 15 point) Only one of the four options listed in each small question meets the requirements of the topic. Please put a letter before the correct option in brackets after the question.
1. A typical country that signs a bilateral investment guarantee agreement with the host government as a condition for underwriting political risks of overseas private investment is ().
A. Japan b Australia c Norway d USA
2. According to the provisions of the General Agreement on Trade in Services on market access, the treatment given by each member to other members' services and service providers shall not be less than ().
A. Most-favored-nation treatment
C.d. preferential treatment
3. The nature of the Sino-foreign cooperative offshore oil exploration contract signed by China Offshore Oil Corporation and foreign oil companies is ().
A. China domestic contract B. Franchise agreement
C. Domestic contracts D. International contracts
4. According to the relevant regulations of our country, if it is stipulated in the contract of Sino-foreign joint venture that all parties pay the capital contribution at one time, they must pay it within 6 months. The start date of this period is ()
A. Date of signing the joint venture contract B. Effective date of the joint venture contract
C. Date of issuance of joint venture approval certificate D. Date of issuance of joint venture business license
5. The enterprise income tax law applicable to foreign-invested enterprises in China is ()
A. income tax law of Chinese-foreign joint ventures B. income tax law of foreign enterprises
C. Income tax law for foreign-invested enterprises and foreign enterprises D. Income tax law for foreign-invested enterprises
6. In the bilateral investment agreement signed by our country, the standard adopted to confirm the identity of legal person and unincorporated economic entity is mainly ().
A. Confirmation of the place of registration and domicile B. Confirmation of the location of the board of directors
C. Confirmation by location of property D. Confirmation by country of nationality of shareholders
7. According to China's Law on Foreign-funded Enterprises, those that do not belong to foreign-funded enterprises are ().
A. Wholly foreign-funded company B. Limited liability company
C. Branches of foreign enterprises in China.
8. "The treatment enjoyed by nationals and companies of either contracting party engaged in investment, income and investment-related business activities in the territory of the other contracting party shall not be lower than that enjoyed by nationals and companies of the other contracting party", which belongs to ().
A. Most-favoured-nation clause
C. Preferential system clauses D. National treatment clauses
9. 1979 Since the reform and opening up, there are roughly () countries that have signed bilateral investment agreements with our government.
A.20 duo B.40 C.80 D. 150
10. In the registered capital of a Chinese-foreign contractual joint venture, the proportion of foreign capital is generally not less than () of the registered capital.
A.49% B.25% C.5 1% D.50%
1 1. The terms in which the host country promises to foreign private investors through contract agreements or legislative provisions to guarantee the legitimate rights and interests of the parties to foreign contracts and will not be adversely affected by changes in the laws or policies of the country are called ().
A. Difficult clause B. Adjustment clause C. renegotiation clause D. Stability clause
12. Which of the following factors belongs to the social environment in the investment environment? ( )
A. Infrastructure B. Geographical location C. Legal order D. Natural resources
13. According to the laws of China, the highest authority of a Sino-foreign joint venture as a limited liability company should be ().
A. shareholders' meeting B. board of directors C. board of supervisors D. superior competent unit
14. The items included in the investment contract but not included in the investment articles of association are ().
A. Settlement of investment disputes in joint ventures B. Rules of procedure of the board of directors
C. Establishment of organizational structure D. Position of general manager
15. The registered capital of a foreign-invested enterprise in China refers to ().
A the sum of the capital contributions subscribed by all investors registered with the registration authority.
The amount of investment actually paid by the investor at the time of registration by the registration authority.
C. Total investment specified in the articles of association of the company
D. sum of fixed assets and working capital of foreign-invested enterprises
Second, multiple-choice questions (this big question * * 10 small question, 2 points for each small question, ***20 points) Among the five options listed in each small question, two to five options meet the requirements of the topic. Please fill in the letter before the correct option in the brackets after the question. Multiple choices, fewer choices, and wrong choices all have no scores.
16. The types of disputes involved in bilateral investment agreements are ()
A. Disputes between foreign investors and private investors in the host country
B. Disputes between States parties arising from the interpretation and performance of treaties
C. Disputes arising from investment between the host government and foreign investors
D. disputes between host governments and international organizations
E. disputes between private investors and joint ventures in the host country
17. Investors protected by bilateral investment agreements include ()
A natural persons who have the nationality of a contracting state or have their domicile in the territory of a contracting state
B legal entities or unincorporated entities established under the laws of a contracting state or located in that contracting state.
Any person who has property or domicile in both Contracting States.
A company controlled by a citizen or legal person of a Contracting State in a third country or the other Contracting State.
E. those who are qualified to be subjects of international law
18. The legal status of multinational corporations is ()
A. International legal person B. Subject of international law C. Subject of domestic law
D.e. subjects of international investment law
19. A Chinese-foreign contractual joint venture contract may stipulate that the foreign partner can recover the investment first, but the condition that must be met is ().
A. enterprise income tax must be paid first.
Foreign partners must come from countries that have signed investment agreements with China.
C. the income distribution ratio of foreign partners shall not be expanded.
D. the losses of the cooperative enterprise must be made up first.
E upon the expiration of the cooperation, all the fixed assets of the joint venture shall be owned by the Chinese side.
20. In addition to the securities law and the company law, the laws regulating overseas investment in capital exporting countries also include ().
A. Tax Law B. Import and Export Control Law
C. Criminal law D. Antitrust law or antitrust law
E. foreign exchange control law
2 1. The Chinese partner of a Sino-foreign joint venture can be ()
A.b. Other economic organizations with legal personality
C. Party and government organs D. Administrative departments
E. Enterprise legal person
22. From the perspective of the application of China's foreign investment legislation, "foreign investors" include ().
A. Foreign legal person B. Foreign natural person C. Hong Kong and Macao compatriots
D. China citizens of Taiwan Province compatriots living abroad
23. In bilateral investment agreements, MFN treatment is usually not applicable ().
A. Preferences of the League of States concerned
B preferential treatment given to investment projects because they are particularly important to the economic development of the host country
C. Border trade preferences
D. preferences of double taxation avoidance agreements
E. preferences granted by a party to a third country in the past
24. From the practice of various countries, the main method to solve international investment disputes is ().
A.b. local remedies in the host country
C.d. diplomatic protection
E. international arbitration
25. The sources of international investment law include ().
A.B. International treaties C. Normative resolutions of the United Nations General Assembly
D. International practices E. Theories of famous scholars
Three. Noun explanation (3 points for each small question, *** 15 points)
26. Robot program
27. Foreign Investment Law
28. Collection of insurance premiums
29. Subrogation
30.joint ventures
Four, short answer questions (6 points for each small question, ***30 points)
3 1. Jurisdiction of the International Centre for Settlement of Investment Disputes.
32. Establish qualified investment standards stipulated by convention establishing the multilateral investment guarantee agency.
33. Calvo doctrine.
34. Characteristics of overseas investment insurance system.
35. Investment methods for establishing foreign-invested enterprises in China.
V. Essay questions (10 points for each small question, ***20 points)
36. On the legal nature and effectiveness of concession agreement.
37. The main contents of TRIMS Agreement and its influence on China's foreign investment legislation.
April 2002 National Higher Education Self-taught Examination
Reference answers to questions about international investment law
Course code: 00232
First, multiple-choice questions (65438+ 0 for each small question, *** 15)
1.D 2。 C 3。 A 4。 D 5。 C
6. A seven. C 8。 D 9。 C 10。 B
1 1.D 12。 C 13。 B 14。 A 15。 A
Second, multiple-choice questions (2 points for each small question, 20 points for * * *)
16. BC 17 years. ABD 18。 CE 19。 DE 20。 ABCDE
2 1.22 years old. ABCDE 23。 ABCD 24。 ABCDE 25。 Accelerated business collection and delivery system (adopted by the United States post office)
Three. Noun explanation (3 points for each small question, *** 15 points)
26.BOT is the abbreviation of English Build-Operate-Transfer, which means that the government grants private enterprises (including foreign enterprises) a franchise for a certain period of time through contracts, allowing them to finance the construction and operation of specific public infrastructure, and allowing them to repay loans, recover investment and earn profits by charging users or selling products; When the concession period expires, the infrastructure will be handed over to the government free of charge.
27. Foreign investment law is the abbreviation of foreign investment law, which refers to the general name of legal norms formulated by capital-importing countries to adjust foreign private investment relations. Its contents include the scope and form of foreign investment, the rights and obligations of foreign investors and their legal status, as well as measures to protect, encourage and restrict foreign investment.
28. One of the political risks of international investment generally means that the investor (the insured) suffers part or all of the loss of his investment property due to the expropriation or nationalization measures implemented by the host government, and the insurer (the insurer) is responsible for compensation.
29. (subrogation is also called "subrogation"). In the international investment law, it means that after the investment insurance institution (or international multilateral investment guarantee institution) in the investor's home country compensates the investor for the losses caused by the political risks in the host country, the insurance institution (guarantee institution) or the government of the home country will gain the investor's rights and interests in the host country and the right of recourse.
30. A joint venture, referred to as a joint venture for short, refers to an enterprise form in which two or more parties * * * jointly invest, * * * jointly operate, * * * bear risks and * * * lose money to achieve specific business objectives.
Four, short answer questions (6 points for each small question, ***30 points)
3 1. Jurisdiction is the basic basis and premise for ICSID to accept cases. The jurisdiction of the Center shall apply to any legal dispute arising from investment between a State party to the Convention for the Settlement of Private Investment Disputes between that country and other countries (or any part or institution of that country designated by that State party to the Center) and nationals of another State party, and the dispute shall be submitted to the Center with the written consent of both parties. When both parties agree, neither party may unilaterally revoke the consent.
32. The insurance coverage of establishing a multilateral investment guarantee agency is limited to the convention on good investment. The criteria for joint venture investment include four aspects: first, the investment is economically reasonable. Its rationality should be determined according to the evaluation of investment projects. Second, investment has the nature of development. Such investment must contribute to the economic and social development of the host country. Third, the investment is legal. Investment must comply with the laws and regulations of the host country. Four. Investment is in line with the development goals and priorities of the host country.
Calvo Doctrine is a theory put forward by Calvo, a famous international jurist in South America, in the 1960s. Its appearance is to safeguard the territorial sovereignty integrity of the host country. Its basic principle is that sovereign countries are free and independent, foreigners can only seek relief in local courts for investment disputes, and foreigners have no right to demand more preferential treatment than their own nationals. Calvo clause reflects its actual effect.
34. The overseas investment insurance system is guaranteed by the government. Its characteristics are as follows:
(1) Overseas investment insurance is underwritten by government agencies or public companies, not for profit, but for investment protection.
(2) Overseas investment insurance is limited to overseas private direct investment and must meet certain conditions.
(3) The insurance coverage of overseas investment is limited to political risks, excluding general commercial risks.
(4) The task of overseas investment insurance is not only to compensate afterwards like private insurance, but also to prevent problems before they happen.
35. According to the legislation and practice of foreign investment in China, the main ways of investment are:
(1) cash. Must need a certain amount of cash to pay related expenses; Neither party may use the loan obtained in the name of the joint venture as its capital contribution, nor may it use the property or rights and interests of the joint venture or the other party of the joint venture as a guarantee for its capital contribution.
(2) physical objects. Physical investment is generally based on machinery and equipment, raw materials, spare parts, buildings, factories, etc. ; It is necessary to price the physical objects as capital contributions.
(3) Industrial property rights and know-how. Including patent right, trademark right and proprietary technology; The investor shall issue a valid certificate of ownership and disposal right.
(4) Land use right and real estate right. The investment of a joint venture in China may include the right to use the site provided to the joint venture during its operation; If the right to use the site is not part of the investment of the China joint venture, the joint venture shall pay the use fee to the China Municipal Government.
V. Essay questions (10 points for each small question, ***20 points)
36.( 1) Definition of franchise agreement.
(2) The legal nature of the franchise agreement. Including different opinions, the focus of debate, the debate about whether an international agreement is positive or negative, and the nature of public law and private law.
(3) Validity of the franchise agreement. The key lies in whether the country can unilaterally abrogate the agreement and whether it should bear international responsibility. The viewpoint and basis of assuming international responsibility. The viewpoint and basis of not assuming international responsibility. A compromise point of view.
37. The interpretation of terms in (1) TRIMs Agreement is the result of the Uruguay Round of GATT negotiations and an integral part of the legal system of the World Trade Organization.
(2) The main contents mainly include four aspects:
Scope of application: Applicable to investment measures related to trade in goods.
National treatment: introducing national treatment into the international investment field for the first time; Measures that do not conform to national treatment.
Quantitative restrictions: become a basic principle of international investment law: measures that do not meet the general obligation to cancel quantitative restrictions.
Transparency: announce and notify relevant measures, including those of the central government and local governments.
(3) influence. Includes two aspects.
The significance of the agreement: the important position
Influence on China: Three aspects of inconsistency between China's foreign investment legislation and agreement, and the attitude to be adopted.