2024年1月19日发(作者：)

国际投资法（英文）智慧树知到课后章节答案2023年下温州大学

温州大学

第一章测试

1. The distinct elements of the Calvo Doctrine include（ ）.

答案:

host state courts have exclusive jurisdiction over disputes involving

foreign nationals;foreign nationals are entitled to no better treatment

than host state nationals;the rights of foreign nationals are governed by

host state law

2. According to the Hull Rule, the payment for the properties seized should be

（ ）.

答案:

adequate;effective;Prompt

3. China signed its first BIT in（ ）.

答案:

1982

4. The most common form of ad hoc arbitration is arbitration under（ ）.

答案:

UNCITRAL

5. The theory underlying the principle of diplomatic protection is that an injury

to a state's national is an injury to the state itself.（ ）

答案:

对

第二章测试

1. The types of dispute resolution mechanisms in IIAs are（ ）.

答案:

international arbitration for inter-state disputes;international

arbitration for investor-state disputes

2. In the most common type of choice of law clauses, the sources of law for the

resolution of IIA disputes are（ ）.

答案:

the provisions of the contract relating to the investment;general

principles of international law;the municipal law of the host state;the

IIA itself

3. Clause on the law applicable to the investment sometimes is called（ ）.

答案:

US clause

4. Under the ICSID Convention, disregarding the applicable law may be a valid

ground for annulment an award. （ ）

答案:

对

5. The preparatory work of IIAs are the main means of interpreting IIAs.（ ）

答案:

错

第三章测试

1. The regulatory mechanisms that host states can use to control the entry and

operation of foreign investment including（ ）.

答案:

Limit the form of foreign investments;Complete ban on foreign

investments;Restrict the sectors permitted

2. Dominant IIA models with respect to admission and establishment include（ ）.

答案:

Post-entry model;Post-establishment model;Pre-establishment

model;Pre-entry model

3. The express purpose of IIAs is to （ ）.

答案:

promote and protect foreign investments

4. Treaty titles and preambles do create rights or obligations. （ ）

答案:

错

5. Under customary international law, a state is obliged to admit foreign

investments.（ ）

答案:

错

第四章测试

1. Which are non-discrimination treatment obligations?（ ）

答案:

MFN treatment;National treatment

2. National treatment reservations maybe made for （ ）.

答案:

Existing non-conforming measures;Protection of disadvantaged

groups;Government procurement

3. When applying national treatment, the foreign investors and the comparing

nationals should be in（ ）.

答案:

Like situation

4. National treatment is a treat-based obligation.（ ）

答案:

对

5. National treatment is a kind of absolute treatment in nature. （ ）

答案:

错

第五章测试

1. The variations in MFN clauses include（ ）.

答案:

Unconditional MFN treatment;Conditional MFN treatment

2. The common issues arise in applying MFN clause are （ ）.

答案:

Identifying the relevant comparator;Comparing the treatment received

by various foreign investors or investments

3. Advantages granted under ( ) can be exempted from applying MFN treatment?

（ ）

答案:

Foreign aid programs;Tax treaties;FTAs

4. MFN treatment means that the foreign investment or investor can get better

treatment than a third state investment or investor. （ ）

答案:

错

5. MFN treatment obligations are treaty-based obligations.（ ）

答案:

对

第六章测试

1. Which of the followings is minimum standards of treatment?（ ）

答案:

Fair and equitable treatment

2. Which of the followings breach the minimum standards of treatment?

答案:

Nationailty-based discrimination;Denial of justice

3. Legitimate expectations shall be unconditional and everlasting.（ ）

答案:

错

4. Minimum standards of treatment is only treaty-based obligation.（ ）

答案:

错

）（

5. Minimum standards of treatment is contingent on the treatment of a

comparator.（ ）

答案:

错

第七章测试

1. Conditions for a lawful expropriation including（ ）.

答案:

Accompanied by compensation;In accordance with due process of

law,;For public purpose;Non- discriminatory

2. Exporting states normally prefer to the standard of compensation based on（ ）.

答案:

Fair market value

3. Which is used to refer to an indirect expropriation that occurs as a result of a

series of measures taken over time that cumulatively have an expropriatory

effect?（ ）

答案:

Creeping expropriation

4. Taxation may be expropriatory.（ ）

答案:

对

5. When identifying the factors of indirect expropriation, the intent of the state

is determinative. （ ）

答案:

错

第八章测试

1. Normally, the types of transfers include（ ）.

答案:

Payments;Reinvestment;Initial investment;Capital gains

2. In which situation, the restrictions on fund transfer will be permissible?（ ）

答案:

Tax collection;Bankruptcy;Penal offences

3. Which of the followings are prohibited performance requirements?（ ）

答案:

Promoting the use of domestically manufactured products;Increasing

local employment level

4. The prohibitions on performance requirements don’t apply if the

performance requirement does not distinguish between foreign and

domestic investors. （ ）

答案:

错

5. Confidential business information should be provided under the

requirements of notification and due process. （ ）

答案:

错

第九章测试

1. The clause that requires host states observe any obligations or commitments

undertaken towards investments is referred to （ ）.

答案:

Umbrella clause;Observance of undertakings clause

2. The umbrella clause enshrine the principle of （ ）.

答案:

pacta sunt servanda

3. The applicable law for determining the scope and effects of the undertakings

is （ ）.

答案:

Host state law

4. According to umbrella clauses, breach of contractual obligations will elevate

to treaty breach. （ ）

答案:

对

5. Contractual undertakings are not covered by umbrella clauses.（ ）

答案:

错

第十章测试

1. In IIA treaty practice, the categories of exceptions and reservations include

（ ）.

答案:

Exceptions for existing non-conforming measures;Reservations for

specific sectors;Essential security exceptions;Exceptions for future

measures

2. Circumstances that can preclude wrongfulness for conducts of the host state

include （ ）.

答案:

Force majeure;Consent;Countermeasures;Necessity

3. In case the host state breached the IIA, the home state is entitled to consent

to the breach and waive the IIA claim.（ ）

答案:

错

4. If the security exception clause is self-judging, the state will be exempted

from fulfilling the treaty obligations. （ ）

答案:

错

5. A reservation in an IIA is different from a reservation to a treaty .（ ）

答案:

对

第十一章测试

1. The dimensions of scope of investment tribunal jurisdiction include（ ）.

答案:

Temporal jurisdiction;Subject matter jurisdiction;Territorial

jurisdiction;Personal jurisdiction

2. Which of the followings are known as arbitration without privity? （ ）

答案:

Host States offer arbitration in their domestic legislation;Host States

consent to arbitrate in bilateral investment treaties

3. Measures taken to control parallel proceedings include （ ）.

答案:

Consolidation;Waiver clause;Stay of proceedings;Fork-in-the-road

provision

4. In applying the fork-in-the-road provision, the identical test should be met,

including（ ）.

答案:

The identical cause of action;The identical object;The identical parties

to the dispute

5. Normally, states are free to terminate investment treaties.（ ）

答案:

对