2018-01-21
2730
International law is an extra system on top of* the state systems. It presupposes* state law, and could not exist without it, because international law can only be enforced* if states are prepared to put it into effect*. But it serves a different community; the international community*, international law is about the relations between independent states. It treats them as equals, whatever their population, wealth and power, so that in international law Barbados is on a level with Japan-like state law. International law consists of several elements. Again all of them aim at* stability in international life and the encouragement* of trade and other contacts between states. International law lays down* how international bodies such as the United Nations are set up*, and what powers* they have (their constitution). It also says how states must treat one other, how they must behave to international bodies and how the international bodies must behave towards them. It provides facilities* for states to make binding agreements (treaties)* and for the settlement of disputes*. International law can be enforced only when the states accept the power of a court* to decide whether the law has been violated*.
Notes
on top of - сверху, над pressupose — подразумевали»
enforce law — исполнять закон
put it into effect — осуществлять, реализовывать
international community — международное сообщестьи
aim at — направлять на
encouragement — поощрение, способствование
lay down — устанавливать правовые нормы
set up — создавать, основывать, организовывать
powers — полномочия
provide facilities — обеспечивать условия, создавать предпосылки
binding agreements (treaties) — обязательное соглашение (договор)
settlment of disputes — решение споров (разногласий)
accept the power of a court - принимать полномочия суда
violate - нарушать (закон)
INTERNATIONAL LAW (С)
International law constitutes* that body of rules which governs* the relationships between sovereign states. These rules of law emanate from* the free wills* of states as expressed in conventions or by usages* which are generally accepted as expressing principles of law. The object of these rules is to regulate the relations between these co-existing independent communities as a means of achieving common aims* deemed* important in the collective opinion of the international community*. Since international law is the product of forces within international society, in order to understand the nature of the international legal system, it is necessary to analyse the structure and processes which function within the global society.
Historically, although several systems of international law have existed since antiquity, contemporary international law has its origins in Medieval Europe. Arguably, the most notable historic development was the signing of the Peace of \^stphalia 1648 which established an embryonic sovereign state system* in Europe. Prior to* this agreement, the creation of a sovereign state system had been retarded* by the transnational authority of the Pope in spiritual matters and the control of the Holy Roman Emperor in political concerns*. In the signature of the Peace of Westphalia the Emperor acknowledged restriction* of his domination in favour of* the territorial autonomy of the various nation states which had previously composed the Empire, whilst* simultaneously the treaty recognised the limits of the authority of the Pope.
Notes
constitute — включать, составлять govern — регулировать, управлять emanate from — проистекать из the free wills — свободная воля
by usages — практическим применением, использованием achieve common aims — достигать общие цели deem — признавать
international community — международное сообщество embryonic sovereign state system - система суверенного
государства в зачаточном состоянии prior to - до этого retard — замедлять
political concerns — политические вопросы acknowledge restrictions - признать ограничения in favour of — в пользу whilst [wailst] - в то же время
THE LAW OF TREATIES
International conventional obligations, both bilateral and multilateral, are all regulated by the same general principles of international law. For the greater part, these are contained in the Vienna Convention on the Law of Treaties 1969.
The Vienna Convention is limited in application to treaties between states, although it can be applied as customary international law to agreements between non-state entities such as international organisations (Article 3).
The Convention defines the term "treaty" as "an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument* or in two or more related instruments and whatever its particular designation"* (Article 2). The term means all international agreements, protocols, exchanges of notes, declarations, etc regardless of designation. Although the Convention only refers to written agreements, valid obligations may also be constituted on an oral basis.
The Convention promotes the use of written agreements in order to discourage oral agreements which are more susceptible* to misinterpretation In practice, unwritten agreements are limited by Article 102 of the UN Charter which stipulates* that" every treaty... entered into by any Member of the United Nations... shall as soon as possible be registered with the Secretariat and published by it... (and)... no party to any such treaty... which has not been registered... may invoke* that treaty or agreement before any organ of the United Nations."
In order for a treaty to be valid, it must be adopted by the free consent of the contracting parties. Consent may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession*, or by any other means if so agreed.
Notes
instrument - документ, представляющий собой правовой акт
designation — предназначение
be susceptible — быть подверженным
stipulate — обусловливать, оговаривать
invoke — ссылаться, применять (статью)
accession - вступление (в права, в международный договор)
Ответьте на вопросы.
1. What is international law?
2. How does international law differ from national legal system?
3. What does international law rest on?
4. What machinery exists to enforce treaties or conventions?
5. Define the role of the United Nations in creating international law.
6. What community does international law serve?
7. How does international law treat independent states?
8. What elements does international law consist of?
9. What is the object of the rules that constitute International law?
10. Where and when does contemporary International law have its origin?
11. When was an embryonic sovereign state system established in Europe?
12. Where are International conventional obligations contained?
13. How is the term' treaty' defined by the Vienna Convention?
14. Why does the Convention promote the use of written agreements?
15. When is a treaty valid?
VnitNine
