Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is private international law under the Chinese doctrine?
(2) According to the arguments of Chinese scholars,what is the nature of private international law?
(3) What is the “Airplane Doctrine” advocated by Prof.HAN Depei?
(4) What is the “liberal three-element-test”?
(5) Is the application of foreign law an encroachment on the sovereignty of the forum? Why?
(6) What is forum shopping? Is forum shopping efficient or inefficient?
2.Multiple Choice
(1) Under the common law doctrine,which is not the major topic of the conflict of laws? ( )
A.Whether the court of a particular state has power to hear the case.
B.Whether a particular court within a country has the power to hear the case.
C.What system of law should be applied to the dispute.
D.Under what circumstances will judgments of foreign courts be recognized or enforced in the country of forum.
(2) An advantage of ADR over the formal court process is that ( )
A.Parties have less control over the resolution of their dispute.
B.Matters are resolved slower.
C.There is less formality.
D.There is less choice in venue,time and legal representation.
(3) Which of the following is not an example of foreign-related civil case under the Chinese Law? ( )
A.An American signed a contract with a Chinese in Beijing.
B.A Chinese company establishes a branch in Macao.
C.A Korean tourist died out of a murder that happened in Shanghai.(https://www.daowen.com)
D.A Chinese man married a Japanese girl in Beijing.
(4) Which of the following statements is correct? ( )
A.The application of a foreign law implies the sacrifice of the sovereignty of the forum.
B.Private international law is devoted to preventing forum shopping.
C.The term conflict of laws is used in all common law countries.
D.Applying foreign law will raise the cost of litigation in the long run.
(5) When entering into an international sales contract,which of the following three legal areas need to be clarified to minimize risk and exposure to liability? ( )
A.Choice of law rules,ratio,enforcement
B.Enforcement,obiter dicta,jurisdiction
C.Jurisdiction,enforcement,choice of law rules
D.Presumption,jurisdiction,enforcement
3.Case Analysis
(1) A massive oil platform is situated off the coast of Nigeria.The platform contains sleeping and recreational accommodations for two hundred workers coming from three different states.One of the platform’s pumps develops a leak.The supervisor of the shift operating the platform orders the pump shut off until the leak is repaired.When the next shift takes its situations on the platform,a worker discovers that the pump is not functioning and flips a switch to turn it on.A spark ignites fumes that have accumulated because of the leak.The platform explodes in a roar of flame.Some workers are killed instantly,some die hours or weeks later from injuries resulting from the explosion,and some survive with various degrees of remaining disabilities.The platform is owned and operated by a Chinese state-owned enterprise.Fifteen of the deceased platform workers were Chinese nationals.The rest of workers were Nigerians and Cameroonians.
If you are the counsel for the victims,what are the major issues that you have to deal with? How would you solve them respectively?
(2) The statue of Zhanggong-Zushi is a 1,000-year-old Buddhist mummy.The statue of Zhanggong-Zushi was believed to be stolen from a local temple in Fujian,a southeast Province China in 1995 which has been eventually acquired by a Dutch collector.While the statue was on display at the Hungarian Natural History Museum in the spring of 2015,it was recognized as the statue of Zhanggong-Zushi by Yangchun villagers from Fujian Province.Since then,the villagers started the retrieval process.After the Dutch collector refused to return the statue,the Villagers’ Committee of Yangchun filed two separate civil suits against him to retrieve the statue,one in Amsterdam,one in Sanming,Fujian.
Questions:
Between the Dutch court in Amsterdam and the Chinese court in Sanming,which one,in your opinion,is more proper to exercise the jurisdiction over this dispute? Why?
In this case,the Villagers’ Committee of Yangchun was the plaintiff both in the Chinese and Dutch litigation.Though Chinese law recongnizes the standing of a Villagers’ Committee to sue,such entity established under Chinese law is completely unknown to the Dutch judges.Do you think that the Dutch judges would recognize the standing of a Chinese Villagers’ Committee before a Dutch court? Why?
What is the nature of the Statue of Zhanggong-Zushi? Property,antiquity,or corpse? Why?
Which law should govern the ownership of the statue of Zhanggong-Zushi? Would the Dutch court and Chinese court apply the same law? Why?
If the Villagers’ Committee of Yangchun wins the Chinese lawsuit,can the judgement by the Chinese court be recognized and enforced in the Netherlands?