国际投资法(双语课程)
《国际投资法》双语课程试卷(B)
发布时间: 2008-05-11   浏览次数: 180

Instructions:
(1) This is an open-book exam and you have 2.5 hours to finish it.
(2)Put your name and study number at the top of your answers sheet.
(3) Submit your answer sheet together with this exam sheet to the examiner.
(4) Answer in Chinese all the following questions.
Part One (Question Answer) 60%
1. Describe respectively (1) legal forms of trade in service ; (2) the relationship between trade in service and international investment.
2. 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.
3. Describe the major difference between GATT and GATS in terms of national treatment.
 
Part Two (Case Analysis) 40%
 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?