问题 单项选择题

甲国某船运公司一艘核动力商船在乙国港口停泊时突然发生核泄漏,使乙国港口被污染,造成严重损害后果。甲乙两国都是《关于核损害的民事责任的维也纳公约》及《核动力船舶经营人公约》的缔约国,根据上述公约及有关规则确定,乙国此时应得到7800万美元的赔偿,但船运公司实际赔偿能力最多只能够负担5000万美元。对此事件,根据国际法上的国家责任制度,甲国国家对乙国承担的义务是什么

A.甲国国家应承担全部7800万美元的赔付
B.甲国有义务在保证船运公司赔付乙国5000万美元的同时,船运公司无力赔付的其余 2800万美元,由甲国政府先行代为赔付
C.甲国有义务保证督促船运公司进行赔偿,但以船运公司能够负担的实际赔偿能力为限,即只能赔付5000万美元,其余2800万美元可以不予赔付
D.由于该行为不是甲国国家所从事,故甲国国家不需就此事件承担任何义务

答案

参考答案:B

解析: 一般地,国家责任是国家违背其国际义务的行为引起的。但是,由于科学技术的发展,国家从事的某些开发或试验性活动,如核能利用等,存在着巨大的潜在危险,其危害具有跨国性,一旦发生事故,常常波及其他国家乃至全球。这些活动本身是国际法不禁止的,对这些活动造成的损害,一般规定只采取恢复原状和赔偿的方式,因此它们又被称为国际赔偿责任制度,以区别一般的国家责任制度。目前,从赔偿责任的主体来看,现行的制度一般有三类:(1)国家责任制度,即由国家承担对外国的损害的责任。如《空间物体造成损害的国际责任公约》中的规定;(2)双重责任制度,即国家与营运人共同承担对外国损害的赔偿责任。如《关于核损害的民事责任的维也纳公约》及《核动力船舶经营人公约》规定,国 * * 证营运人的赔偿责任,并在营运人不足赔偿的情况下,对规定的限额进行赔偿; (3)营运人赔偿,无论营运人是国家或私人企业,都由营运人直接承担赔偿责任。本题中甲乙两国都是《关于核损害的民事责任的维也纳公约》及《核动力船舶经营人公约》的缔约国,因此甲国有义务在保证船运公司赔付乙国5000万美元的同时,船运公司无力赔付的其余2800万美元,由甲国政府先行代为赔付。

阅读理解

McDonald's is the world single biggest food provider with annual sales of around $12.4bn. And the company's symbol Ronald McDonald is now (or so the company claims) the world's most recognized person after Santa Claus.

The first McDonald's restaurant was opened in San Bernardino, California, in 1948 by brothers Mac and Richard “Dick” McDonald. Mac ran the restaurant side; Dick was the marketing genius. He had already invented the drive-in laundry and had been the first person to use neon lights in advertising. Now he spotted the gap in the post-war, baby-boom market for cheap, family-orientated restaurants with simple menus, standardized food and efficient service.

After a slow start, business began to boom. By 1954, the brothers were joined by another entrepreneur, a kitchen equipment salesman called Ray A Kroc who owned the franchise to the Multimixer, milk shake maker used throughout the McDonald's chain. A year later, Kroc had bought the McDonald brothers' chain of 25 franchises for the equivalent of around $70m(£44m). Dick remained with the company until the Seventies, when he and Kroc fell out over Kroc's claim that the chain was his creation.

Today, an almost Stalinist cult of personality surrounds Kroc (who died in 1984) at McDonald's, while the brothers who gave the company its name have all but been written out of its history. But though Kroc did not found McDonald's, he was certainly responsible for the empire-building philosophy which led to its world domination. He ushered in such essential contributions to international cuisine as the Big Mac (1968) and the Egg McMuffin (1973); and helped launch Ronald McDonald —— “in any language he means fun” —— on to television in 1963.

Every three hours, a new McDonald's franchise opens somewhere in the world; it can be found in more than 100 countries including India (vegetarian-only to avoid offending the non-beef-eating populace) and Israel (non kosher, despite fierce local objection). McDonald's chain embodied the thrusting, can-do spirit of Fifties America with staff mottoes such as “If you've got time to lean, you've got time to clean.”

小题1:McDonald's was founded _____.

A.by a kitchen equipment salesman

B.in California

C.by a marketing genius called Dick McDonald

D.after the first World War小题2:What do we know about McDonald's brothers?

A.They were not McDonald's founders although they named the restaurant.

B.Their business was still in depression after several years.

C.They had clear job separation on business.

D.They sold their restaurant to a salesman in 1954.小题3:Which is not Kroc's contribution to McDonald's ?

A.He launched the restaurant image Ronald McDonald on to television.

B.Under his lead, international cuisine as the Big Mac and the Egg McMuffin earned worldwide fame

C.He spotted the gap in postwar market for cheap, family-orientated restaurants.

D.He built McDonald's empire with a philosophy which led to its world domination.小题4:Which statement is true according to the passage?

A.The single biggest food provider was however, not named after its founder

B.The international cuisine as the Big Mac, a beef hamburger, is provided every chain restaurant in the world.

C.Employees in McDonald's have no time to lean.

D.The symbol Ronald McDonald, means fun in any language, is said to the world most recognized person after Santa Claus.

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