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Ответы госы англ 2014.docx
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  1. The Final Act of the Congress of Vien­na (1815)

          • formally ended the Napoleonic Wars

          • fashioned a sophisticated multilateral system of political and economic cooperation in Europe (the major aspects of this system survived until the outbreak of the World War I)

          • adopted first set of rules governing diplo­matic protocol,

          • formally 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.

  1. The establishment of the League of Nations (1920)

          • goals are stated in its Covenant: preventing war through collective security, disarmament, settling international disputes through negotiations and arbitration

          • The Covenant formed an integral part of the Treaty of Versailles, which ended The League of Nation

          • 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

          • failed to prevent World Was II

  1. The United Nations (1945)

          • 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.

  1. 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

The term «treaty» as used on the international plane, describes international agreements in general, whether they are denominated conventions, pacts, covenants, charters or protocols, etc. These different names have no legal significance; the same legal rules apply to one as to the other.

The choice of this or that name may at times be prompted by the belief that a given designation implies greater or lesser solemnity or importance. But as a matter of international law, a treaty by whatever name is still a treaty, it is an instrument governed by international law and, once it enters into force, the parties thereto have legally binding obligations in 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, ect.

  • 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) – only treaties between states

Principles:

  • pacta sunt servanda (binding)

  • free consent

  • good faith

  • Bilateral:

  • originate in the foreign ministry of one of the parties

  • dis­cussions: embas­sies, exchanges of diplomatic notes, draft texts preparation, negotiations to accept one draft

  • 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 confer – various working papers or draft proposals

  • presented amendments, established drafting committees, debated alternative texts

  • summarize everything->Final Act serves to authenticate the text of the treaty

Consent to be bound:

  • signature

  • exchange of instruments

  • 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

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

accession - by depositing an instrument of accession

Termination, withdrawal, suspension:

  • in conformity with the provisions (условия)

  • by consent of all parties