Exercises
1.Prepare answers to the following questions using paragraph form.
(1) The notion of mandatory rules can be traced back to Savigny’s doctrine,why?
(2) Under the modern private international law doctrine,what is the relation between mandatory rules and ordre public reservation?
(3) What is the difference between internationally mandatory rules and mandatory rules within a domestic setting?
(4) What is the meaning of overriding mandatory provisions under the Rome I Regulation?
(5) Please comment on the articles reflecting the notion of mandatory rules in the Conflicts Act and the Interpretation (I).
2.Multiple Choice
(1)Which of the following statement is correct? ( )
A.Savigny believed that all rules were susceptible to the multilateral approach.
B.Savigny expected that the importance of mandatory rules would continue to shrink.(https://www.daowen.com)
C.Franz Kahn argued that mandatory rules and ordre public were two independent doctrines.
D.Overriding mandatory rules refers only to the mandatory rules of the forum under the Rome I Regulation.
(2) Under the Conflicts Act and the Interpretation (I),mandatory rules ( ).
A.refer to the mandatory rules of both the forum and the lex causae.
B.are choice-of-law rules.
C.are substantive rules of foreign countries.
D.are different from contractual ius cogens rules.
3.Case Study
Zhang,a Chinese national who habitually resides in Beijing,is employed by X,a Dutch company to work on oil rigs in Africa.The contract is expressly stated to be governed by Nigerian law.The contract is negotiated and signed in Beijing,China at a place of business of the Dutch company.While working on a rig in Nigerian territorial waters,Zhang is injured as a result of a wrong instruction by the CEO of X,and Zhang sues X for damages before a People’s Court in Beijing.A clause in the employment contract which is valid by Nigerian law excludes any liability and limits Zhang’s compensation to that available under X’s compensation programme.The clause is void under Article 26 of the Labour Contract Act of the PRC.In this case,which law should govern the merits of the dispute,and why?