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КИЇВСЬКИЙ НАЦІОНАЛЬНИЙ УНІВЕРСИТЕТ ІМЕНІ ТАРАСА ШЕВЧЕНКА ІНСТИТУТ МІЖНАРОДНИХ ВІДНОСИН |
ПОСІБНИК З МОВИ ФАХУ
ДЛЯ СТУДЕНТІВ І КУРСУ
СПЕЦІАЛЬНОСТІ «МІЖНАРОДНЕ ПРАВО»
Київ – 2013
КИЇВСЬКИЙ НАЦІОНАЛЬНИЙ УНІВЕРСИТЕТ
ІМЕНІ ТАРАСА ШЕВЧЕНКА
ІНСТИТУТ МІЖНАРОДНИХ ВІДНОСИН
Кафедра іноземних мов
Викл. Барикіна А.О.
Владика С.А.
Михайленко Т.В.
Полєєва Ю.С.
ПОСІБНИК З МОВИ ФАХУ
ДЛЯ СТУДЕНТІВ І КУРСУ
СПЕЦІАЛЬНОСТІ «МІЖНАРОДНЕ ПРАВО»
Затверджено на засіданні
кафедри іноземних мов
Протокол № ___ від ___________ 2013 р.
Зав. кафедри _____________ Дайнеко В.В.
Київ – 2013
CONTENTS
UNIT I
THE DEFINITION OF INTERNATIONAL LAW……….………………………….4
UNIT II
SOURCES OF INTERNATIONAL LAW ………………………………….………18
UNIT III
SYSTEM OF INTERNATIONAL LAW ………………………………………...…67
UNIT IV
MAIN PRINCIPLES OF INTERNATIONAL LAW……………………….………83
UNIT V
SUBJECTS OF INTERNATIONAL LAW…………………………………..…..…99
UNIT VI
INTERNATIONAL LAW AND NATIONAL LAW(S)…………………..………120
Unit I the definition of international law lead-in
I. Answer the questions
1. How can the term “law” be defined?
2. What are the main features of law?
3. What makes rules of law binding?
4. How can the law be enforced?
5. What is the difference between law and morality, law and religion?
II. Comment on the following
1. Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. (Martin Luther King Jr. (1929-1968) - American clergyman, activist, and leader in the African-American Civil Rights Movement).
2. The laws of each are convertible into the laws of any other. (Ralph Waldo Emerson (1803-1882) U.S. poet, essayist and lecturer).
3. If you have ten thousand regulations you destroy all respect for the law. (Winston Churchill (1874 – 1965) a British politician, Prime Minister of the United Kingdom (1940 – 1945, 1951 - 1955)).
4. Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. (Albert Einstein (1879 –1955) - a German-born theoretical physicist).
5. The best way to get a bad law repealed is to enforce it strictly. (Abraham Lincoln (1809 – 1865) - the 16th President of the United States (March 1861 - April 1865)).
Reading
I. Read the text. The nature of international law1
International Law or the Law of Nations is the name of a body of rules which — according to the usual definition — regulate the conduct of the states in their intercourse with one another. These rules are designated as law. If we speak of law in daily life, we think of national or municipal law, the law which prevails within the state. But is so-called international law, the rules prevailing in the relations among the states, law in the same sense as national or municipal law? The answer to this question depends on the definition of the concept of law.
Any attempt to define a concept must proceed from a certain usage of language, from the usual meaning of the word by which we intend to designate the concept. One must see whether the social phenomena called “law” present a characteristic in common, distinguishing them from other social phenomena of a similar kind — a characteristic which is sufficiently significant to constitute a general concept for the rational understanding of social life. Such a characteristic can be found. […]
Is international law “law” in the true sense of the word?
The question whether or not international law is law in the sense determined above is identical with the question whether or not the phenomena commonly called international law can be described by rules of law of the same kind as the rules by which national law may be described.
International law is true law if the coercive acts of states, the forcible interference of a state in the sphere of interests of another state, are, in principle, permitted only as a reaction against a delict, and accordingly the employment of force to any other end is forbidden; in other words, if the coercive act undertaken as a reaction against a delict can be interpreted as a reaction of the international legal community. International law is law in the same sense as national law, provided that it is, in principle, possible to interpret the employment of force directed by one state against another either as sanction or as delict.
In speaking of international law, reference is made only to general or common international law, not to particular international law. General or common international law is customary law valid for all states belonging to the international community. (Customary law is law created by the habitual practice of the states). Particular international law is valid for some states only, and comprises especially norms created by treaties valid only for the contracting parties.
Hence our problem must be formulated as follows: Is there, according to general international law, such a thing as a sanction, i.e., a coercive act provided for as the consequence of a definite conduct of the state, a forcible interference in the normally protected sphere of interests of the state responsible for this conduct? This question implies the question as to whether there is according to general international law such a thing as a delict. For from previous statements it follows that, legally, conduct of a state can be considered a delict only if international law attaches to this conduct.