1. Понятие международного права (субъекты, исторические вехи).

Interna­tional law

• Initially – law that governs relations between states.

• Contemporary definition: law that deals "with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natu­ral or juridical."

• IL’s applied by int. tribunals as well as by domestic courts

• It’s not relevant only in judicial proceeding.It governs relations between states, dip. relations, looks after negotiations and policymaking.

• Sources: IL traces its roots far into antiquity(exchange of diplomatic emissaries, the conclusion of peace treaties)

• rules derived from Roman law or Canon law - drew on principles of natural law.

Historical milestones mark the develop­ment of modern IL:

1. the Peace of Westphalia

• ended the Thirty Years' War (1618-1648), established system for peace and cooperation in Europe

• provided, inter alia, for coexistence in certain parts of Europe of Catholicism and Prot­estantism (freedom of religion in europe)

• proclaimed the doctrine of pacta sunt servanda, established a machinery for the settlement of disputes between the signatories

2. the Congress of Vien­na,

• 1815 ended the Napoleonic Wars

• Fashioned a sophisticated, multi system of political and economic cooperation

• adopted first set of rules governing diplo­matic protocol,

• condemned slave trade

• established principle of free and unimpeded(свободного) navigation on international rivers trav­ersing the region.

• laid the founda­tion for the recognition of the neutrality of Switzerland

• provided Europe with a substantial body of international law

• contributed to the development of modern international law.

3. the establishment of the League of Nations

• came into being in 1920 with force of its Covenant, part of the Treaty of Versailles, which ended WWI.

• the first effort to create a permanent inter-governmental institutional framework for the resolution of political disputes and the preservation of peace.

• established the Permanent Court of International Justice

4. The United Nations

• founded in 1945

• the mere existence meant efforts to make international law a more effective tool for preservation of interna­tional peace and the improvement of the human condition throughout the world.

2. Право международных договоров. Договорный процесс. Способы выражения согласия на обязательность международного договора (подписание, обмен документами, ратификация, присоединение).

• Treaties perform a variety of functions on the international plane that in domestic law are per­formed by many different types of legal acts and instruments

Treaty –interna­tional agreement(conventions, pacts, covenants, charters or protocols – no legal significance of the designation) concluded between States in writ­ten form, governed by international law…

• serve as the constitutions of international organi­zations

• can be a source of general international law

• are used to: transfer territory, regulate commercial relations, settle disputes, protect human rights, guarantee investments and so on.

• International law of treaties has been codi­fied to a large extent in The Vienna Convention on the Law of Treaties (1969) (entered into force in 1985) – scope of conv. is limited-only treaties between states

• The 1986 -=- between S and Int Org and between Int Org – not limit oral agree-s.

Principles:

• pacta sunt servanda (binding)

• free consent

• good faith

Bilateral:

• tend to originate in the foreign ministry of one of the interested parties

• dis­cussions: respective embas­sies, exchanges of diplomatic notes, draft texts will be prepared, negotiations until acceptable draft’ll emerge

• enter into force: both states indicate intention to be bound by the agreement

Multilateral:

• at diplomatic conferences - participating states are represented by diplomatic delegations that include legal advisers. Before conference – various working papers or draft proposals – basis for negotiation and bargaining

• presented amendments, established drafting committees, debated alternative texts

• results summarized in a Final Act, contains the text of the treaty – serves to authenticate

Consent to be bound:

• signature

• exchange of instruments constituting treaty

• usually binding upon ratification

• ratification – act whereby a state, through its head of state, foreign minister, or duly authorized diplomatic agent, declares that it considers itself bound by the treaty,declaration contained in instr of rat

• instrument of ratification – either exchanged or deposited with the designated depository state, which performs custodial functions

• acceptance

• approval

• accession - by depositing an instrument of accession

Termination, withdrawal, suspension:

• in conformity with the provisions(условия)

• by consent of all parties