11 The World Trade Organization is an important international economic and trade regime under the
contemporary international law. Which of the following statements is correct? (A) The 1994 Agreement Establishing the World Trade Organization reinforced the procedure and rules of 1947 International Trade Organization (ITO). (B) The WTO Dispute Settlement Body’s jurisdiction is over the covered agreements. (C) The final remedy of the WTO dispute settlement included restitution and money compensation. (D) The WTO members may conclude Regional Trade Agreements (RTAs) in accordance with the general exception provision of GATT Article XX.
12 Which of the followings may be parties in contentious cases before the International Court of Justice?
(A) Individuals. (B) Dependent territories. (C) States. (D) International organizations.
13 According to the “Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts (Protocol I)”, signed on June 8, 1977, indiscriminate attacks are prohibited. Which of the following conditions constitutes an indiscriminate attack? (A) Attacks directed at a specific military objective. (B) Carpet bombings directed at a city. (C) Attacks employing a method or means of combat against a specific military objective. (D) Massive attacks directed at all the tanks and soldiers on the field.
14 States have the responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national jurisdiction. Which one of the principles conforms to the aforementioned requirement? (A) The principle of good neighborhood. (B) The principle of precaution. (C) The polluter-pay principle. (D) The principle of sustainable development.
15 In accordance with the current Act Governing the Choice of Law in Civil Matters Involving Foreign
Elements where the applicable law is the national law of a party, but the national law of the party differs by reference to sub-national region or another factor, which law shall apply? (A) The law of the place in which the party is domiciled shall apply. (B) The law of the place in which the party is domestic domiciled shall apply. (C) The law of the capital of the country of the parties shall apply. (D) The law with which the party is most closely connected shall apply.
16 Regarding the standards of characterization, which of the following doctrines is adopted by the R.O.C.
courts? (A) Lex fori. (B) Lex causae. (C) Lex patriae. (D) Lex loci actus.
17 Party A, having its main establishment in Japan, and Party B, having its main establishment in Korea,
enter into a contract for the sale of Indonesian phoebe wood in Singapore, which contains a provision stating that all disputes relating to the breach of contract and damages compensation shall be governed by the law of Indonesia. Which law shall be applied by the R.O.C. court if a contractual dispute arises between the parties? (A) Japanese law. (B) Korean law. (C) Singaporean law. (D) Indonesian law.
18 Which of the following statements regarding the conflict of nationalities is correct?
(A) A passive conflict of nationalities means that a party has more than one nationality. (B) Marriage is one of the causes of an active conflict of nationalities. (C) Article 3 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements stipulates that in the event of a passive conflict of nationalities, the law of the place of the party’s residence shall apply. (D) Article 2 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements stipulates that when a party has acquired multiple nationalities successively, the national law of the party shall be determined by the “last-in-time” rule.
19 Seller A and buyer B conclude a Share Purchase Agreement regarding the control of company C. B sets a
mortgage on his Malaysian farm to Bank D, which guarantees B’s payment obligations under the agreement. The agreement between A and B stipulates that the operation of company C shall comply with the laws of Singapore, which is the country where C is established, that the rights and obligations of A and B are governed by the laws of Japan, and that Bank D’s payment obligations are governed by the laws of Japan. If a dispute arises relating to the mortgage, which country’s law shall be applied by the court? (A) Malaysia. (B) Singapore. (C) Japan. (D) The country of A and B’s joint establishment.
20 Which of the following statements about evasion of the applicable law is NOT correct?
(A) Evasion of the applicable law has three characteristics: continuity, fraud and illegality. (B) The laws of the Republic of China that are being evaded in Article 7 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements are either compulsory or prohibitory provisions. (C) Article 7 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements places limitations on the freedom of parties to change their applicable law. (D) An evasion of the applicable law differs from an evasion of law in both means and ends.
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