Гольцева О.Ю. Международное право в официальных документах. Под ред. И.А. Горшеневой

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mutual – взаимный интерес, совместные договоренности, обоюдное намерение, по взаимному согласию Сторон, в духе взаимопонимания, достичь взаимопонимания, взаимная выгода, взаимопомощь.

expediency – сознавать целесообразность, целесообразность более тесного сотрудничества между Сторонами, целесообразность в вопросах, представляющих взаимный интерес, политически целесообразный.

OVER TO YOU

Study Optional Protocol to the International Covenant on Civil and Political Rights in the Appendix. What type of document is this Protocol? What is it about? Give your comments of its compositional design. Give the written translation of the first three articles.

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LESSON 8

DECLARATIONS

Starting up

Analyze the following quotation. What declaration is mentioned in it?

“What makes the Universal Declaration an epochal document is first of all its global impetus and secondly the breadth of its claims, a commitment to a new social contract, binding on all the Governments of the world”.

John Charles Polanyi, born in 1929, a Canadian chemist who won a Nobel Prize.

Can you give a legal definition for the term “declaration”?

Exercise 1. Read the text and see whether you were right in your definition. Summarize the information of the text.

The term "declaration" usually denotes a treaty that declares existing law with or without modification, or creates new law. Not all declarations are to be regarded as treaties, as they do not create contractual obligations between two or more states.

Although sometimes declarations (i.e. legally binding agreements) are important international agreements in themselves, they are more often appended to a treaty or convention to form a subsidiary compact, or to place on record some understanding reached or some explanation given.

Ministers for Foreign Affairs, even heads of government or heads of state, now frequently meet to discuss policies and problems of common interest to their countries. These meetings lead to what is sometimes known under the traditional term of "Declaration" or "Communique".

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Legal experts are concerned about the obligatory value of these "declarations of intention" or "statements of policy and principles", the juridical character of which must still be defined. Normally, because of their designation as "Declaration" or "Communique", they are assumed to constitute statements of intention or policy rather than to constitute international commitments, such as are normally embodied in the customary form of an international agreement.

The title "Declaration" is also frequently given to agreements between governments regarding some minor matter which may or may not provide for ratification.

Exercise 2. Suggest the Russian equivalents.

Declaration

Universal Declaration of Human Rights, Declaration on the Enhancement of Cooperation, Declaration on the Elimination on All Forms of Racial Discrimination, a joint declaration, a declaration of war, a declaration of independence, a customs declaration, a political declaration, a solemn declaration, a declaration for (against), a declaration of the poll, Declaration on the Non Proliferation of Nuclear Weapons, Declaration on Principles of International Law, Declaration on the Peaceful Settlement of International Disputes, the Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations, the Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security, to sign a declaration.

Exerctse 3. Cover the text above and fill in the required prepositions.

1.Not all declarations are regarded ___ treaties, because they do not create contractual obligations ___ two or more states.

2.Declarations are more often appended ___ a treaty or convention to form a subsidiary compact, or to place ___

record some understanding reached.

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3.Ministers ___ Foreign Affairs, heads ___ government or heads ___ state frequently meet to discuss problems

___ common interest ___ their countries.

4.Legal experts are concerned ___ the obligatory value

___ these "declarations ___ intention" or "statements ___

policy and principles".

5.The title "Declaration" is frequently given ___ agreements ___ governments regarding some minor matter which may or may not provide ___ ratification.

Exercise 4. Answer these questions.

1.What does the term «declaration» denote?

2.Why are not all declarations regarded as treaties?

3.When is an international instrument to be regarded as legally binding?

4.What is the usual form of a declaration?

5.What do the meetings of Ministers for Foreign Affairs, heads of government or even heads of state lead to?

6.What are legal experts concerned about regarding "declarations of intention" or "statements of policy and principles"?

Exercise 5. Fill in the gaps with words from the box.

The international human rights ______ was strengthened when the United Nations _______ adopted of the

________ of Human Rights on 10 December 1948. Drafted as a common ______ of achievement for all peoples and nations', the Declaration for the _________ in human history ________basic civil, political, economic, social and cultural ________ that all human beings should

___________.

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Exercise 6. Read and translate the Preamble of the

Universal Declaration of Human Rights.

UNIVERSAL DECLARATION OF HUMAN RIGHTS Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people.

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

Whereas it is essential to promote the development of friendly relations between nations.

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom.

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms.

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge.

Now, therefore.

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THE GENERAL ASSEMBLY

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Exercise 7. Find in the text above the English equivalents for these word combinations.

Невнимание и пренебрежение к неотъемлемым правам; варварский акт, совесть человечества, приход/наступление мира, устремления обычных людей, принуждать/вынуждать, искать защиту, последнее прибежище, восстание против тирании и угнетения, вновь подтвердить свою приверженность, брать на себя обязательства, провозгласить всеобщим стандартом, добиваться чего-либо, обеспечить признание и соблюдение прав и свобод.

Exerctse 8 Translate these formal style words into

Russian using the following definitions.

whereas in view of the fact that; taking into consideration; in contrast or comparison with;

whereat at which place; for which reason; whereby by which means; in consequence of which;

wherefrom from which; whence; wherein: in which place or respect; whereof: of what, which, or whom;

whereon on which;

whereto to which; towards what place, direction, or end;

whereupon in consequence of which; immediately after which;

wherewith with which.

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Exerctse 9. Translate into Russian paying attention to the words in italics.

1.In witness whereof the undersigned, duly authorized, have signed this Declaration on behalf of their respective Governments.

2.The ideal of free human beings can only be achieved if conditions are created whereby everyone may enjoy his civic and political rights

3.In 1980 a majority of member countries of the Organization of African Unity(OAU) recognized the Polisario as the rightful government of Western Sahara, whereupon Morocco resigned from the OAU in protest.

4.These include policies of enforced separation whereby only activities that do not cause conflicts are carried on within a single entity, declining to act in situations of acute conflict, use of independaence policies and Chinese walls.

5.Decision 2.2 wherein the Executive Board expressed its opinion concerning the future presentation of this document is of particular importance.

Exerctse 10. Read the general provisions of the

Universal Declaration of Human Rights in the Appendix and answer these questions.

1.What are the inalienable rights and freedoms set forth in this Declaration?

2.Are all people equal before the law entitled to equal protection against any discrimination?

3.What duties does everyone have?

4.Shall everyone be subject to any limitations in the exercise of his rights and freedoms?

Exerctse 11. Read this extract and answer these questions.

1.What does this declaration proclaim?

2.What does the right to civil disobedience and conscientious objection for peace consist in?

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Luarca Declaration on the Human Right to Peace

issued by the Spanish Society for the Advancement of Human Rights Law

Luarca, 30th October 2006. Paragraph 5:

1.Everyone, individually or in a group, has the right to civil disobedience and conscientious objection for peace, which consists in:

2.The right to civil disobedience in respect of activities which involve threats against peace, including peaceful protest and peaceful non-compliance with laws which offend the conscience;

3.The right of the members of any military or security institution to disobey criminal or unjust orders during armed conflicts and to refrain from participating in armed operations, whether international or national, which violate the principles and norms of international human rights law or international humanitarian law;

4.The right to refrain from participating in – and to denounce publicly – scientific research for the manufacture or development of arms of any kind;

5.The right to acquire the status of conscientious objector in respect of military obligations;

6.The right to object to paying taxes allocated to military expenditure and to object to taking part, in a working or professional capacity, in operations which support armed conflicts or which are contrary to international human rights law or international humanitarian law.

Exercise 12. Look in the text of the Declaration to complete these word partnerships. Make sentences of your own, using these word combinations.

Exercise 13. Translate these sentences using the word partnerships in Exercise 12.

1.A person shall not be criminally liable for

______________ or command.

2.The participating states, recalling their obligations in mutual relations reaffirm that they will _____________

inconsistent with the purpose and principles of the UN Charter.

3.The contradictions of far more countries than it may seem at first sight _______, security and stability and therefore should be solved by joint efforts.

4.Red Cross’s opinion is that the West Bank Israeli security barrier, in as far as its route deviates from the

‘Green Line’ into the occupied territory, is __________ the statement said.

5.To ______ an individual should claim the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion.

OVER TO YOU

Analyze the following quotations. What fundamental declarations are mentioned in them? When were these declarations adopted? Why do you think they are so important?

"With the adoption of the Declaration on the Elimination of Violence against Women, the international community sent out a clear message that gender based violence will not be tolerated."

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Jenny Shipley, born in 1952, the 36th Prime Minister of New Zealand

“Cultural variety is always worth striving for, but must never precede the declaration of human rights”.

Bjorn Ulvaeus, born in 1945, is a Swedish musician, composer

"However, if the religions in essence merely repeat statements from the United Nations Human Rights Declaration, such a Declaration becomes superfluous; an ethic is more than rights”.

Hans Kung, born in 1928 a Swiss Catholic priest, President of the Foundation for a Global Ethic

What other declarations as important as these ones can you name?

Exercise 14. Read the text of this declaration translating the words in italics.

Declaration on the Enhancement of Cooperation between the United Nations and Regional Arrangements or Agencies in the Maintenance of International Peace and Security

The General Assembly, Solemnly declares that:

(В соответствии с положениями Устава ООН) concerning the role of regional arrangements or agencies (в имя поддержания мира и безопасности во всем мире), in particular Chapter VIII of the Charter:

The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort (для достижения мирного урегулирования) of local disputes through such regional arrangements or by such regional agencies (до того как передать их в Совет Безопасности ООН);…

The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority, but no enforcement action shall