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

151

be taken under regional arrangements or by regional agencies (без полномочия Совета);

Regional arrangements or agencies can, in their fields of competence and in accordance with the Charter, (внести важный вклад в) the maintenance of international peace and security, including, where appropriate, (посредством мирного урегулирования споров, превентивной дипломатии, достижения и поддержания мира и постконфликтного мирного строительства);

States participating in regional arrangements or agencies are encouraged (рассмотреть возможность использо-

вания) or, where appropriate, establishing or improving at the regional level (процедур и механизмов для раннего обнаружения, предотвращения и мирного урегулирова-

ния споров), in close coordination with the preventive efforts of the United Nations.

Exercise 15. Study these word combinations and make up sentences of your own.

Exercise 16. Translate into Russian paying attention to these constructions.

1. Regional arrangements or agencies are encouraged to consider, as appropriate, in their fields of competence, ways and means for promoting closer cooperation and coordination with the United Nations with the aim of contributing to the fulfillment of the purposes and principles of the Charter, including in the fields of preventive diplomacy,

152

peacemaking and post-conflict peace-building, and where appropriate, peace-keeping

2.These agencies shall consider the possibility of establishing and training groups of military and civilian observers, fact-finding missions and contingents of peace-keeping forces, for use as appropriate, in coordination with the United Nations and, when necessary, under the authority or with the authorization of the Security Council, in accordance with the Charter.

3.Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the access to the whole or any part of a computer system without right, as defined under the law of that Party.

4.Efforts undertaken by regional agencies in the area of the maintenance of international peace and security, within their respective fields of competence and in accordance with the purposes and principles of the Charter, should be encouraged and, where appropriate, supported by the Security Council.

5.If adopted by the UN General Assembly, the amendment shall enter into force.

6.The Parties to the present Convention decided that the Committee should meet whenever necessary.

Exercise 17. Read the text of the Preamble to the declaration.

DECLARATION ON PRINCIPLES

OF INTERNATIONAL LAW

PREAMBLE

The General Assembly,

Reaffirming in the terms of the Charter of the United Nations that the maintenance of international peace and security and the development of friendly relations and cooperation between nations are among the fundamental purposes of the United Nations.

153

Recalling that the peoples of the United Nations are determined to practise tolerance and live together in peace with one another as good neighbours.

Bearing in mind the importance of maintaining and strengthening international peace founded upon freedom, equality, justice and respect for fundamental human rights and of developing friendly relations among nations irrespective of their political, economic and social systems or the levels of their development.

Bearing in mind also the paramount importance of the Charter of the United Nations in the promotion of the rule of law among nations.

Considering that the faithful observance of the principles of international law concerning friendly relations and cooperation among States and the fulfillment in good faith of the obligations assumed by States, in accordance with the Charter, is of the greatest importance for the maintenance of international peace and security and for the implementation of the other purposes of the United Nations.

Noting that the great political, economic and social changes and scientific progress which have taken place in the world since the adoption of the Charter give increased importance to these principles and to the need for their more effective application in the conduct of States wherever carried on.

Recalling the established principle that outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation…

Convinced that the strict observance by States of the obligation not to intervene in the affairs of any other State is an essential condition to ensure that nations live together in peace with one another, since the practice of any form of intervention not only violates the spirit and letter of the Charter, but also leads to the creation of situations which threaten international peace and security.

154

Recalling the duty of States to refrain in their international relations from military, political, economic or any other form of coercion aimed against the political independence or territorial integrity of any State.

Considering it essential that all States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations.

Considering it equally essential that all States shall settle their international disputes by peaceful means in accordance with the Charter.

Reaffirming, in accordance with the Charter, the basic importance of sovereign equality and stressing that the purposes of the United Nations can be implemented only if States enjoy sovereign equality and comply fully with the requirements of this principle in their international relations.

Convinced that the subjection of peoples to alien subjugation, domination and exploitation constitutes a major obstacle to the promotion of international peace and security.

Convinced that the principle of equal rights and selfdetermination of peoples constitutes a significant contribution to contemporary international law…

Convinced in consequence that any attempt aimed at the partial or total disruption of the national unity and territorial integrity of a State or country or at its political independence is incompatible with the purposes and principles of the Charter.

Exercise 18. Find in the text above the English equivalents for these word combinations.

Вне зависимости от уровня развития, величайшей важности, добросовестное соблюдение принципов, небесные тела, строгое выполнение, дух и буква Устава

155

ООН, любая форма принуждения, не следующий принципам, урегулировать споры мирными средствами, полностью соответствовать требованиям, подвергнуть угнетению, господству и эксплуатации со стороны другого государства, представлять значительный вклад в современное международное право, частичное или полное разрушение.

Exercise 19. Study the word combinations in the box and use them to write Declaration on Principles of International law.

the maintenance of international peace and security, to practise tolerance, developing friendly relations among nations, promotion of the rule of law, the faithful observance of the principles, the need for more effective application, not subject to national appropriation, the obligation not to intervene, the duty to refrain from any form of coercion use, of force against the territorial integrity, attempt aimed at the disruption of the national unity, to settle disputes by peaceful means, the importance of sovereign equality, a major obstacle to peace and security, equal rights and selfdetermination, incompatible with the purposes and principles, of the Charter.

Declaration on Principles of International law

Preamble

Reaffirming that …………………..

Determined to ………………………….

Bearing in mind the importance of …………………….

Considering that ……………………………….

Noting that ……………………………….

Convinced that ……………………………

Recalling the duty of States to ………………

Considering it essential that …………………….

156

Exercise 20. Study these word combinations. Make up sentences of your own.

intention (of) interest (in) desire (for) confidence (in)

To express their determination(to) satisfaction (at/with) appreciation (of) concern (about/over) regret (about)

Exercise 21. Fill in the appropriate words from Exercise 20.

1.Both Sides express ______at the cooperation which has been established between them in the field of nuclear technology.

2.Ministers expressed their ______to Canada for hosting the inauguration of the Arctic Council.

3.The Leaders of the Group of Twenty expressed their deep _____ risks building up in financial markets.

4.They expressed ________ that international financial institutions can provide critical support for the global economy.

5.The Participants expressed their ______ to continue their vigorous efforts to address long-term challenges.

Exercise 22. Translate these sentences.

1.The Security Council today expressed its intention to establish a United Nations peacekeeping operation in wartorn Somalia and called on Secretary-General Ban Ki-moon to develop, by 15 April.

2.U.S. Secretary of State Hillary Clinton expressed regret over the incident at a joint press conference attended by the visiting presidents of Afghanistan and Pakistan.

157

3.The Sides express satisfaction at the successful holding of the Days of Indian Culture in Russia in 2005 and welcome the initiative to hold the Days of Delhi in Moscow in 2006.

4.The Russian government has expressed a desire to renovate the former Russian Cultural Center as part of its plan to restore up to 150 industrial, commercial and cultural sites that Moscow had sponsored during its 10-year occupation of Afghanistan.

5.The Slovak embassy in Minsk, which represents Portugal's European Union presidency in Belarus, on Wednesday, issued a statement to express its deep concern about political prisoners in the country.

Exercise 23. Complete the text of a declaration below.

DECLARATION

on friendship and cooperation

between the Republic of (name of country) and the

Expressing their determination to__________________, Guided by unanimity of views on__________________, Expressing their concern over_____________________, Coming out for still greater unity and solidarity of_____,

Reaffirming their adherence to the purposes and principles of________________, … Declare that the Republic of

... and the Republic of ... shall guide themselves in their relations by the following:

1.The Sides shall closely cooperate in _____________.

2.The Sides shall continue expanding and developing __.

3.The Sides shall give all possible assistance to______.

4.The Republic of... and the Republic of... shall exert every effort aimed at ________________.

5.The provisions of this Declaration shall not affect the obligations earlier assumed by either Side in regard to

158

third countries and international organizations. The Sides shall not enter into any agreements or take anу action incompatible with the aims of this Declaration.

DONE AT (city) this _______ day of_______ 20_ in duplicate, in the ... and ... languages, both texts equally authentic.

Exercise 24. Read and translate the text of this declaration. Speak on the style and composition of this declaration.

DECLARATIONS AND RESERVATIONS MADE UPON SIGNATURE

United Kingdom of Great Britain and Northern Ireland

The Government of the United Kingdom declares under Article 41 of this Covenant that it recognizes the competence of the Human Rights Committee to receive and consider communications submitted by another State Party, provided that such other State Party has, not less than twelve months prior to the submission by it of a communication relating to the United Kingdom, made a declaration under article 41 recognizing the competence of the Committee to receive and consider communications relating to itself.

Exercise 25. Read the text translating the expressions in brackets into English. Summarize the information of the text.

DECLARATION on police cooperation

The Conference (подтверждает согласие) of the Member States on (цели) underlying the German delegation's (предложения) at the European Council meeting in Luxembourg on 28 and 29 June 1991.

159

(К настоящему моменту), the Member States agree to examine as a matter of priority the drafts submitted to them, on the basis of the work programme and time table agreed upon in the report drawn up (по запросу) of the Luxembourg European Council, and they are willing to envisage (принятие практических мер) in areas such as those suggested by the German delegation, relating to the following functions in the exchange of information and experience:

•support for national criminal investigation and security authorities, in particular in the coordination of investigations and search operations;

•(создание баз данных);

•central analysis and (оценка информации) in order to take stock of the situation and identify investigative approaches;

•collection and analysis of national prevention programmes for forwarding to Member States and for drawing up Europe-wide prevention strategies; .

•measures relating to further training, research, forensic matters and criminal records departments.

Member States agree to consider on the basis of a report, during 1994 t the latest, whether the scope of such cooperation should be extended.

OVER TO YOU

Make a draft declaration on police cooperation between the Ministry of the Interior of the Russian Federation and Europol. Follow the compositional design of a declaration document: the preamble, the substantive articles and the final clauses.

160

LESSON 9

OTHER TYPES OF INTERNATIONAL DOCUMENTS. Starting up

Comment on the following quotation.

“Make fair agreements and stick to them”

Confucius (551 BC – 479 BC), a Chinese thinker and social philosopher

Exercise 1. Read the following text and find the definition for the term “agreement”.

AGREEMENTS

The term «agreement» means an agreement intended to have an obligatory character but usually of a less formal nature than a treaty (syn. Concorde Agreement , Covenant). Like treaties, agreements may be concluded between Heads of State, between States or between Governments.

A term substantially equivalent to «agreement» is «arrangement». Other terms sometimes used instead of «agreement», though believed to be substantially similar, are: memorandum of understanding constituting an agreement; understanding; agreed joint statement; memorandum constituting an agreement; joint declaration constituting an agreement.

Agreements are frequently concluded by exchange of notes, sometimes referred to as «letters». In such cases, the representative of one government sends the representative of another government a note setting forth the arrangements proposed or to be agreed upon. The reply agrees to and frequently repeats the terms of the first note.

A temporary or working arrangement made in order to bridge over some difficulty pending a permanent settle-