- Under pre-entry model, no reservations to foreign investment admission and establish can be made. （ ）
- National treatment ensures equal opportunities between investors and investments from different states other than host state. （ ）
- Less favourable administrative to enforce rights might give rise to a breach of national treatment obligations. （ ）
- Amendments of IIA provisions would affect rights acquired under the Treaty before. （ ）
- The absence of a comparator in national treatment provisions is not legally significant. （ ）
- In applying the fork-in-the-road provision, arbitral tribunal should consider the triple identity test: the same object, the same cause of action and the same parties to the dispute. （ ）
- The prohibition applies only when the performance requirement distinguishes between foreign and domestic investors. （ ）
- Capital importing states espoused a full fair market value compensation standard relating to expropriation. （ ）
- The foreign investor can claim that the host state breached the protection and security obligations without exhausting local remedies. （ ）
- The state’s right to exercise diplomatic protection was recognized in 1924. （ ）
- When applying MFN treatment, the investors form the beneficiary state and the third state should be in identical circumstances. （ ）
- One of the functions of expropriation is to compensate for failed business ventures. （ ）
- To fulfill the transparency responsibility, the host state need to provide confidential business information required by the foreign investor. （ ）
- In applying res judicata, Investors who are not satisfied with the previous domestic litigation is not allowed to turn to international investment arbitration. （ ）
- References to ‘no less favourable’ treatment in IIAs means the investors are entitled to the best treatment afforded to any other investors or investments.（ ）
- The scope of transfer rights of foreign investors is limited to the right to transfer out of the host state. （ ）
- Res judicata is an example of a preclusion doctrine.（ ）
- Market capitalization is an appropriate way of valuation where the market is illiquid and few shares are traded.（ ）
- Normally, states should provide national treatment with respect to the admission of foreign investment. （ ）.
- Even where the security exception is self-judging in an IIA, the state must still act in good faith. （ ）
- The main objectives of international investment law is to limit all the state measures that discriminate foreign investors or investments. （ ）
- In IIAs, no exception can apply to all IIA obligations. （ ）
- According to the rule of exhaustion of local remedy, a home state cannot exercise diplomatic protection if the foreign investor haven’t sought redress in the host state’s domestic legal system. （ ）
- The full protection and security obligations mean that the host state should provide the highest standard of physical protection to foreign investors. （ ）
- Exceptions for existing non-conforming measures act as grandfathering provisions. （ ）
- Legacy investments means the investments made before the date of consent to the tribunal’s jurisdiction. （ ）
- Mere commercial sale can also be qualified as an investment in a BIT. （ ）
- Encouraging remarks from government officials will give rise to legitimate expectations. （ ）
- Normally preservation of right clause contain a choice of law. （ ）.
- Since treaty titles and preambles do not create rights or obligations, they could not be used to interpret a treaty. （ ）
- When applying the DCF method, which factor should be assessed? （ ）
- Which issue should be concerned in drafting the umbrella clause? （ ）
- The forms of diplomatic protection include （ ）.
- Which of the following acts by the host state will give rise to indirect expropriation?（ ）
- Which of the following state conducts will give rise to the legitimate expectations? （ ）
- The nationality-based discrimination on the foreigner’s right to （ ） doesn’t breach customary international law.
- The central elements of national treatment include （ ）.
- Arbitration without privity refers to arbitration based on （ ）.
- Which of the followings fall into the categories of police power regulation? （ ）
- Which will be regarded as performance requirements? （ ）
- Which of the followings are the sources of legitimate expectations? （ ）
- Which is grouped under preliminary objection? （ ）
- Which of the following statements are correct? （ ）
- Which exceptions to transfer obligations are allowed?? （ ）
- Narrowly, denial of justice refers to （ ）.
- （ ）was the first sate to sign the BIT.
- Arbitration without privity means that the host state’s consent to arbitrate is given （ ）.
- （ ） are the primary source of applicable law in IIA disputes.
- Which means is the most effective means to prevent parallel proceedings if possible? （ ）
- The first BIT provides for investor-state arbitration with unqualified state consent was in （ ）.
- Measures taken to control parallel proceedings include （ ）.
- Which of the followings are known as arbitration without privity? （ ）
- Normally, states are free to terminate investment treaties.（ ）
- The dimensions of scope of investment tribunal jurisdiction include（ ）.
- In applying the fork-in-the-road provision, the identical test should be met, including（ ）.
- A reservation in an IIA is different from a reservation to a treaty .（ ）
- If the security exception clause is self-judging, the state will be exempted from fulfilling the treaty obligations. （ ）
- In case the host state breached the IIA, the home state is entitled to consent to the breach and waive the IIA claim.（ ）
- In IIA treaty practice, the categories of exceptions and reservations include （ ）.
- Circumstances that can preclude wrongfulness for conducts of the host state include （ ）.
- The clause that requires host states observe any obligations or commitments undertaken towards investments is referred to （ ）.
- Contractual undertakings are not covered by umbrella clauses.（ ）
- The umbrella clause enshrine the principle of （ ）.
- According to umbrella clauses, breach of contractual obligations will elevate to treaty breach. （ ）
- The applicable law for determining the scope and effects of the undertakings is （ ）.
- In which situation, the restrictions on fund transfer will be permissible?（ ）
- Normally, the types of transfers include（ ）.
- Confidential business information should be provided under the requirements of notification and due process. （ ）
- The prohibitions on performance requirements don’t apply if the performance requirement does not distinguish between foreign and domestic investors. （ ）
- Which of the followings are prohibited performance requirements?（ ）
- 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?（ ）
- When identifying the factors of indirect expropriation, the intent of the state is determinative. （ ）
- Taxation may be expropriatory.（ ）
- Exporting states normally prefer to the standard of compensation based on（ ）.
- Conditions for a lawful expropriation including（ ）.
- Minimum standards of treatment is contingent on the treatment of a comparator.（ ）
- Legitimate expectations shall be unconditional and everlasting.（ ）
- Which of the followings is minimum standards of treatment?（ ）
- Minimum standards of treatment is only treaty-based obligation.（ ）
- Which of the followings breach the minimum standards of treatment? （ ）
- MFN treatment obligations are treaty-based obligations.（ ）
- The variations in MFN clauses include（ ）.
- Advantages granted under ( ) can be exempted from applying MFN treatment? （ ）
- MFN treatment means that the foreign investment or investor can get better treatment than a third state investment or investor. （ ）
- The common issues arise in applying MFN clause are （ ）.
- Which are non-discrimination treatment obligations?（ ）
- National treatment is a treat-based obligation.（ ）
- National treatment is a kind of absolute treatment in nature. （ ）
- When applying national treatment, the foreign investors and the comparing nationals should be in（ ）.
- National treatment reservations maybe made for （ ）.
- The express purpose of IIAs is to （ ）.
- The regulatory mechanisms that host states can use to control the entry and operation of foreign investment including（ ）.
- Treaty titles and preambles do create rights or obligations. （ ）
- Dominant IIA models with respect to admission and establishment include（ ）.
- Under customary international law, a state is obliged to admit foreign investments.（ ）
- The types of dispute resolution mechanisms in IIAs are（ ）.
- The preparatory work of IIAs are the main means of interpreting IIAs.（ ）
- Under the ICSID Convention, disregarding the applicable law may be a valid ground for annulment an award. （ ）
- Clause on the law applicable to the investment sometimes is called（ ）.
- In the most common type of choice of law clauses, the sources of law for the resolution of IIA disputes are（ ）.
- China signed its first BIT in（ ）.
- The distinct elements of the Calvo Doctrine include（ ）.
- The most common form of ad hoc arbitration is arbitration under（ ）.
- The theory underlying the principle of diplomatic protection is that an injury to a state's national is an injury to the state itself.（ ）
- According to the Hull Rule, the payment for the properties seized should be （ ）.
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