Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is source of law? From the perspective of comparative law,what are sources of private international law?
(2) Summarize the development trends of modern private international law legislation.
(3) Analyze the status of statute as a source of law in common law countries.
(4) Summarize sources of private international law in China.
(5) State the role of courts in the development of private international law,and the status of judicial decisions in China.
2.Multiple Choice
(1) Among the following codes,which is regarded as the earliest one that contained conflict rules? ( )
A.French Civil Code B.Prussian Codification
C.Bavarian Codification D.Introductory Law of German Civil Code
(2) Which of the following statements is not true? ( )
A.National legislation remains to be the major source of private international law in civil law countries.
B.Case law has played an important role in the development of private international law in civil law countries.
C.At present,GPCL is the primary source of China’s private international law.
D.International practice is of discretionary applicability under Chinese law.
(3) Which of the following statements is true? ( )
A.In modern times,academic doctrines have become a formal source of law.(https://www.daowen.com)
B.International practice has a binding force.
C.If conflicts arise between international practice and Chinese domestic law,the latter prevails.
D.According to the Statute of International Court of Justice,international practice is a source of international law.
(4) The Conflicts Act of 2010 ( )
A.was passed by the NPC on October 28,2010.
B.is not a comprehensive code of private international law.
C.consists of three parts,i.e.,jurisdiction,choice of law,and recognition and enforcement of foreign judgments.
D.is a simple recompilation of the existing conflict rules that are scattered throughout different laws,regulations and judicial interpretations.
(5) Which of the following statements is not true? ( )
A.Chinese scholars suggested that the New Conflicts Act should be a comprehensive code instead of a choice-of-law act.
B.Chinese Conflicts scholars have played an important role in the enactment of the New Conflicts Act.
C.The New Conflicts Act follows the model of Model Law of Private International Law drafted by Chinese Associate of PIL.
D.The Model Law of Private International Law of the PRC is not a law.
3.Case Analysis
On January 31,1994,plaintiff filed a lawsuit in Beijing No.1 Intermediate Court for copyright infringement.Defendants requested the court to dismiss the case and argued that plaintiff did not have a valid copyright on Mickey Mouse in China under the Copyright Law of China (1990).The Court rejected defendants’ argument and held that,although Mickey Mouse was not published in China,it should be protected under the 1992 China-U.S.Memorandum of Understanding on Protection of Intellectual Property Rights (hereinafter referred to as 1992 MOU).According to the Copyright Law of China,any work of a foreigner first published outside the territory shall be protected if the work is eligible for copyright protection under an agreement between China and the foreign country,or under an international treaty to which both countries are parties.On that basis,the Court applied the 1992 MOU.But in entering its judgment for plaintiff,the Court further held that since the 1992 MOU was signed on March 13,1992,it may only apply to the infringements that occurred after that date,and therefore plaintiff should not be entitled to copyright protection against defendants’ publication of 1991.
Do you agree with the decision rendered by the Beijing No.1 Intermediate Court? Specify your arguments.