国际贸易法教案例英文.doc

Case Analysis for International Trade Law 国际贸易法教学案例 （Revised Edition） （修订版） School of International law Northwest University of Political Science Law 西北政法大学国际法学院 April 2008 2008年8月 Case No.1 Matimak Trading Co. V. Khalily and D.A.Y. Kids Sportswear Inc. US Second Circuit Court of Appeals No.96-9117 1997 Plaintiff Matimak Trading Co. Ltd. Is a corporation organized under the law of Hong Kong, with its principle place of business in Hong Kong. It seeks to sue Albert Khalily and D.A.Y. Kids Sportswear Inc., two New York corporations, in the Southern District of New York for breach of contract. Matimak invoked the court’s diversity jurisdiction under United States Code, title 28, 1332(a) (2), which provides jurisdiction over any civil action arising between “citizens of a state and citizens or subjects of a foreign state.” In June 1996, the district court raised the issue of the court’s subject matter jurisdiction. In August 1996, after allowing the parties to brief the issue, the district court dismissed the complaint for lack of subject matter jurisdiction. The court concluded that Hong Kong is not a “foreign state” under the diversity statute, and, consequently, Matimak is not a “citizen or subject” of a “foreign state.” Comments: States are political entities that have a territory, a population, a government and sovereignty. Independent states are free from the political control of other states and free to enter into agreements with other international persons. Since July 1, 1997, Hong Kong becomes a special administrative region of the People’s Republic of China. Before that time, Hong Kong was a British Dependent Territory and was ruled by a governor appointed by the United Kingdom. Therefore, Hong Kong has never been an independent state which is an international person. Case No. 2 Asylum Case International Court of Justice 1949 The origin of the Colombian-Peruvian Asylum case lies in the asylum granted on January?3rd,?1949, by the Colombian Ambassador i