【正文】 買方應(yīng)注意根據(jù)CIF術(shù)語，只能要求賣方投保最低的保險險別。該術(shù)語僅適用于海運和內(nèi)河運輸。這意味著買賣雙方各自的責(zé)任、費用和風(fēng)險均以船舷為界。 Second, the plexity of international trade means that the banks as agents of the buyer or seller are not able to understand and appreciate all technical terms(some of which are interchangeable)or the technical differences between goods of similar functions or nature.(6 marks) January 1,Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 letter also stated:This offer is binding and irrevocable until February 1.”O(jiān)n January 5,prior to Buyer?s receipt of the letter,seller called Buyer on the telephone and left the following message on the answering machine at Buyer?s place of business:Ignore my letter of January have decided to withdraw the offer contained in it.”O(jiān)n January 7,after listening to her answering machine and reading the letter that arrived that same day,Buyer sent Seller the following telegram:I accept your offer of January 1.”Is there a contract under the CISG? No,there is not a contract.(2 marks)After receiving the offer of 5 ,000 widgets, On January 7, seller withdrew the offer.(2 marks)Article 15(2)provides that an offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer.(2 marks)Therefore, there was no contract between seller and buyer.(2 marks) in the United States owned a cargo of 10,000 barrels of oil that had been shipped from Mexico on January 1 for arrival in the United States on February January 15,Dealer informed Buyer that the oil was en route and they concluded a arrival,inspection showed that the oil had been contaminated by seawater at some indeterminate time during the the CISG applies,who bears the risk? Buyer bears the risk.(2 marks)Article 68 provides that the risk in respect of goods sold in transit passes to the buyer from the time of the conclusion of the , if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of agreed to deliver three software programs to Buyer that are specially designed for Buyer?s first was to be delivered in January,the second in February,and the third in program delivered in January worked fine,but the one delivered in February was not only failed to function properly,it also made the other two programs effectively was unable to correct the defect,and no suitable replacement could be found from another CISG remedies are available to Buyer?The buyer may declare the contract avoided in its entirety.(2 marks)Because Article 73(3)provides that a buyer who declares the contract avoided in respect of any delivery may, at the same time, declare it avoided in respect of deliveries already made or of future deliveries if, by reason of their interdependence, those deliveries could not be used for the purpose contemplated by the parties at the time of the conclusion of the contract.(4 marks)At the same time Seller was unable to correct the defect,and no suitable replacement could be found from another supplier.(2 marks) in Bombay sells 5,000 bales of cotton to Buyer,FOB transports the cotton to the Bombay harbor and to the ship designated by Buyer,the SS to an error in counting,only 4,987 bales were ship?s bill of lading,however,shows a quantity of 5,000 then signs over the bill of lading to Buyer in exchange for payment in full of the the Allthumbs arrives in Liverpool,the quantity error is discovered,and Buyer sues the ship for the lost value of the missing the ship liable?Would it matter if Seller admitted that the error was not the ship?s fault,but that of Seller?(1)The ship is liable.(2 marks)Because under The Hamburg the bill of lading contains particulars concerning the general nature, leading marks,number of packages of pieces,weight or quantity of the goods which the carrier or other person issuing the bill of lading on his behalf knows or has reasonable grounds to suspect do not accurately represent the goods actually taken over or, where a“shipped” bill of lading is issued, loaded, or if he had no reasonable means of checking such particulars, the carrier or such other person must insert in the bill of lading a reservation specifying these inaccuracies,grounds of suspicion or the absence of reasonable means of the carrier or other person issuing the bill of lading on his behalf fails to note on the bill of lading the apparent condition of the goods, he is deemed to have noted on the bill of lading that the goods were in apparent good condition.(6 marks)(2)Under the HagueVisby Rules,Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a)The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.(b)Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.(c)The apparent order and condition of the , The ship isn?t liable.(6 marks)If Seller admitted that the error was not the ship?s fault,but that of Seller,it would matter.(2 marks)第三篇：國際經(jīng)濟法考試重點總結(jié)國際經(jīng)濟法的三個層次私人之間跨國商事交易關(guān)系——跨國鋼材進出口合同——違約政府與私人之間跨國經(jīng)濟管制關(guān)系——美國政府保障措施——關(guān)稅國家之間跨國經(jīng)濟交往關(guān)系——GATT/WTO多邊世界貿(mào)易協(xié)定體系——保障措施協(xié)定國際經(jīng)濟法的淵源：①國際經(jīng)濟條約②國際慣例③重要國際組織的決議（聯(lián)大規(guī)范性決議）④國內(nèi)涉外經(jīng)濟的立法⑤國際司法機構(gòu)和準司法機構(gòu)判例⑥權(quán)威法學(xué)家的學(xué)說理解國際經(jīng)濟法的基本原則：①經(jīng)濟主權(quán)和國家對自然資源的永久主權(quán)原則②公平互利原則③發(fā)展權(quán)原則④國際合作謀發(fā)展《2000年國際貿(mào)易術(shù)語解釋通則》規(guī)定了13種貿(mào)易術(shù)語，按賣方承擔義務(wù)由小到大，分為E、F、C、D四組一、E組術(shù)語：EXW（工廠交貨）（一）EXW術(shù)語下，賣方的責(zé)任：在其所在地（工廠或倉庫）把貨物交給賣方，履行交付義務(wù)；承擔交貨前的風(fēng)險和費用。Second, the plexity ot international trade means that the banks as agents of the buyer or seller are not able t