Ss’ copy Subjects of il

Task: Explain the underlined words and phrases:

Traditionally, international law had states as its sole subjects. With the proliferation over the last century of international organizations, they have been recognized as its subjects as well. More recent developments in international human rights law, international humanitarian law and international trade law (e.g. NAFTA) have led to individuals and corporations being increasingly seen as subjects of international law as well. Since international law increasingly governs much more than merely relations between sovereign states, it may be better defined as law decided and enforced at the international, as opposed to national level.

Task: Make the following text complete by translating the words and phrases in brackets.

THE CONCEPT OF PERSONALITY IN INTERNATIONAL LAW

The main capacities of an international legal person are first, the (способность; умение) to make claims before international (and national) tribunals in order to (оправдывать, доказывать) rights given by international law. Secondly, (подчиняться) to some or all of the obligations imposed by international law. Thirdly, to have the power to make (юридически действительный, имеющий силу) international agreements (treaties) binding in international law. Fourthly, to enjoy some or all of the immunities from the jurisdiction of the domestic courts of other states, this being an attribute of an international legal person as (отличный (от других) from one governed by national law. In practice it is only states and certain international rganizations (e.g. the UN) that have all of these capacities to the fullest (степень). Other subjects may have some of the capacities or all of the capacities in varying degrees. The most important point about international personality is, indeed, that it is not an absolute (понятие, идея; общее представление;). International personality operates as if on a sliding scale, with various (субъекты) of international law having various capacities for particular purposes. A ‘state’ is the subject of international law par excellence and will have all of the capacities in full measure. Other subjects, such as most international rganizations and individuals, will have personality for whatever purpose is (признавать) under the system of international law.

This leads to the question of how international personality is (достигать, добиваться). There are various criteria laid down by international law which must be satisfied before a ‘state’ can come into existence.

As far as the other subjects of international law are concerned, they seem to achieve their personality because it has been (даровать; присваивать (звание);), accepted or rganizati by states. It may be that in time this personality acquires an objective status, as with the UN, but its (источник) can be traced back ultimately to the action of states. It may be said, then, that there are two types of personality in international law: original personality, which belongs to states ipso facto once they (соответствовать, отвечать (требованиям) the criteria of statehood; and derived personality, which flows from the recognition by states that other entities may have some (компетенция, правомочность) in the field of international law. Once something is a ‘state’ it has legal personality under international law, but this is not necessarily true of individuals, companies or any of the other subjects of international law.

As the ICJ said in their Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (WHO Case) 1996 ICJ Rep 66, ‘international rganizations are subjects of international law which do not, (в отличие от) states, possess a general competence. International rganizations … are invested by the states which create them with powers, the limits of which are a function of the common interests whose promotion those states (вверять; возлагать, поручать) to them’. This explains clearly the concept of derived personality, and as such equally is (применимый, пригодный, подходящий) to other ‘subjects’ such as individuals. Note, however, that personality, once given, may be more difficult to take away.

Personality, then, is a relative concept. Generally, it denotes the ability to act within the system of international law as distinct from national law. However, the fact that the degree of personality accorded by international law can (менять(ся), изменять(ся), разниться; расходиться) with each ‘subject’ means that one must be careful in drawing (широкий) categories. It is equally valid to classify the subjects of international law by reference to what they may do, rather than what they are called.