- •Unit V main principles of international law
- •Main principles of international law
- •Principle of sovereign equality of states:
- •Principle of prohibition of threat or use of force:
- •3. Principles of territorial integrity and inviolability of borders:
- •4. Principle of peaceful settlement of disputes:
- •5. Principle of non-interference in internal affairs:
- •6. Principle of respect for human rights and fundamental freedoms:
- •7. Principle of equality and self-determination of peoples:
- •8. Principle of interstate cooperation:
- •9. Principle of faithful fulfillment of obligations under international law:
- •Read the text and answer the questions:
- •Define if the following sentences are true or false. Use the required information from the text above and correct the false statements:
- •III. Language focus:
- •I. Fill in the gaps using the above words and expressions:
- •II. Study the use of the phrases with “principle” and translate the sentences given below into Ukrainian: principle
- •III. Match terms on the left with their definitions on the right:
- •IV. Translate into English using the verbs in the correct form:
- •V. Fill in the gaps. Translate into Ukrainian:
- •V. Project “case-study”:
- •Study Judgment of the International Court of Justice dated 27 June 1986 in case Nicaragua V. United States of America
- •II. Translate into Ukrainian:
- •IV. Translate the following:
- •V. Answer the following questions concerning the case:
Unit V main principles of international law
I. LEAD-IN. BRAINSTORMING SECTION:
Answer the questions:
How can the term “principle” be defined?
What is the difference between legal rules (norms) and principles (if any)?
What are the general principles of law?
Comment on the following:
The peace guaranteed by the law is not a state of complete absence of force, a state of anarchy. It is the state of a force monopoly, namely the force monopoly of the legal community (Principles of International Law by H. Kelsen).
II. READING:
Main principles of international law
International law is a system insofar as it is bound together by the application of a limited set of formal sources and of instruments to apply them, such as rules of interpretation, as well as a few basic principles such as pacta sunt servanda.
Main principles of international law, occupying a special place in the system of international rules are the most important, common and indigenous rules of international law. They have the supreme legal force (are mandatory norms of jus cogens, i.e. cannot be changed by agreement of subjects of international law), and therefore have a universal scope of action. Basic principles of international law should not be seen separately, and in view of their interdependence, complex character.
Principle of sovereign equality of states:
This principle received its consolidation in Paragraph 1 Article 2 of the UN Charter, the Declaration on Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe. States are obliged to respect the sovereign equality and uniqueness of each other, and all rights inherent in state sovereignty, in particular the right of every state to juridical equality, the territorial integrity, to freedom and political independence.
Principle of prohibition of threat or use of force:
This principle got its commitment in Paragraph 4 of Article 2 of the UN Charter, the Declaration on Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe. States must refrain from the use of force (or threat of force) in international relations, for purposes incompatible with the UN Charter. Only two grounds for the lawful use of force in international relations under the UN Charter are known:
-by decision of the UN Security Council to maintain or restore international peace and security (Article 42 of the UN Charter);
-the right of states to individual or collective self-defense if the state was subjected to armed attack, with immediate notification of the UN Security Council (Article 51 of the UN Charter).
3. Principles of territorial integrity and inviolability of borders:
These principles are enshrined, in particular, in the Final Act of the Conference on Security and Cooperation in Europe, derived from the generally recognized principles of sovereign equality of States, use of force (threat) in international relations. States must refrain from any claims or actions aimed at seizing and usurpation of part or all of the territory of another state.