国际商法 (英)第一章答案和解析1_testbank

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1、Chapter 1Introduction to International and Comparative LawA.WHAT IS INTERNATIONAL LAW? 1.International law is the body of rules and norms that regulates activities carried on outside the legal boundaries of nations. Answer: True2.In contemporary international law, the division between public and pri

2、vate law is precise and well defined. Answer: False3.International law is not really law since there is no worldwide legislature to enact it. Answer: False4.Comity is the practice, or courtesy, between nations of treating each other with goodwill and civility. Answer: True5.Comity is not law because

3、 countries do not regard it as something they are required to respect. Answer: True6.International law regulates relationships between: a.states and states. b.states and persons. c.persons and persons. d.All of the above. e.Both a. and b. above. Answer: d7.Which of the following is an example/are ex

4、amples of the subject matter of public international law? a.Contracts and sales. b.Securities regulations. c.State succession. d.All of the above. e.None of the above. Answer: c8.Which of the following is an example/are examples of the subject matter of private international law? a.Antitrust.b.Natio

5、nality. c.State responsibility to aliens. d.All of the above. e.Both a. and b. above. Answer: e9.Law is: a.a rule established by authority, society, or custom. b.a body or system of rules. c.the control or authority imposed by a system of rules. d.All of the above. e.None of the above. Answer: dB.TH

6、E MAKING OF INTERNATIONAL LAW10.Despite the lack of international law-making machinery, states function informally as both lobbyists and legislators. Answer: True11.International law exists when there is a consensus of the international community. Answer: True12.Unratified treaties and reports of in

7、ternational agencies are sometimes cited as evidence of a trend toward the development of a rule of international law. Answer: True13.Case law derived from the decisions of arbitration tribunals hearing disputes between private parties is never used as a source of international law rules. Answer: Fa

8、lse14.Evidence of the general consent of the international community to the existence of a rule of international law can be found in: a.decisions of the International Court of Justice. b.resolutions passed by the UN General Assembly. c.the conduct and practices of states in their dealings between th

9、emselves. d.All of the above. e.Both a. and c. Answer: dC.SOURCES OF INTERNATIONAL LAW 15.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. b.inter

10、national conventions. c.the case law of municipal courts. d.All of the above. e.Both a. and b. above Answer: d16.In determining whether a practice has become a rule of international customary law, Article 38(1) of the Statute of the International Court of Justice states that the court is permitted t

11、o look to: a.economic trends. b.historical records. c.teachings of legal writers. d.All of the above. e.Both a. and b. above. Answer: c17.Which of the following sources of international law does the International Court of Justice normally regard as the most authoritative? a.Customary international l

12、aw. b.General principles of law. c.International conventions. d.Judicial decisions. e.Teachings of legal writers. Answer: c1.Treaties and Conventions18.The customary rules that govern treaties are now codified in the Vienna Convention on the Law of Treaties. Answer: True19.Treaties and conventions h

13、ave binding effect because: a.one country fears that if it does not respect its promises, other countries will not respect their promises. b.states that fail to observe them may be fined or otherwise punished by the International Court of Justice. c.states that fail to observe them will lose their m

14、embership in the United Nations. d.All of the above. Answer: a20.The Vienna Convention on the Law of Treaties applies to treaties and conventions that: a.are governed by municipal law. b.are in writing. c.are made orally. d.relate to international organizations. e.All of the above. Answer: b2.Custom

15、 21.Once adopted, customary rules of international law are seldom changed. Answer: False22.To establish the existence of a customary rule of international law, one must show that the international community has observed the rule for a long period of time. Answer: False23.To establish the existence of a customary rule of international law, one must show that the entire international community has given its consent to the rule. Answer: False24.To establish the existence of a customary rule of international la

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