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

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ment is usually referred to as modus vivendi. This type of a temporary arrangement is made in a most informal way and does not require ratification.

Most agreements of a binding nature follow the same compositional design, with some variation, as treaties and other international compacts.

Exercise 2. Answer these questions.

1.What kind of arrangement does the term «agreement» mean?

2.What other terms are sometimes used instead of

«agreement»?

3.Is the term «agreement» similar to the term «treaty»?

4.May agreements be concluded by exchange of notes?

5.What is modus vivendi?

6.Are agreements considered binding?

7.Do agreements of a binding nature follow the same compositional design as treaties?

Exercise 3. Fill in the required prepositions.

1.A binding agreement is usually ___ a less formal nature than a treaty.

2.Agreements may be concluded ____ Heads ___

State, ___ States or ___ Governments.

3.The representative ___ one government sends the representative ___ another government a note setting forth the arrangements to be agreed ___.

4.A temporary arrangement made ___ order to bridge

___ some difficulty ___ a permanent settlement is modus vivendi.

5.Most agreements ____ a binding nature follow the same compositional design, ___ some variation, as other international compacts.

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Exercise 4. Suggest the Russian equivalents.

AGREEMENT

parties to the earlier agreement, tentative agreement, armistice/ceasefire agreement, procedural agreement, sales agreement ,trade agreement, Agreement on European economic cooperation, agreement on the establishment of diplomatic relations, agreement on scope of authority, arms-control agreement, cultural exchange agreement, assistance agreement, free trade agreement. intergovernmental agreement, interim agreement, joint agreement, long-term agreement, tripartite agreement, truce agreement, multipartite agreement, agreement on a wide range of issues, in accordance with the agreement achieved, by mutual agreement.

Exercise 5. Study these word combinations and make up sentences of your own.

Exercise 6. Translate these sentences.

1.They reached full (complete, solid) agreement on all points.

2.The negotiators came to an agreement that all troops would be withdrawn.

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6.Pending the truce negotiations the State Parties signed an agreement to refrain from the use of force or a threat of force.

7.Pending the achievement of the objectives of resolution 1514 adopted by the General Assembly concerning the Declaration on the Granting of Independence to Colonial Countries and Peoples, the provisions of the present Protocol shall in no way limit the right of petition granted to these peoples by the Charter and other international conventions and instruments under the United Nations.

Exercise 9. Fill in the gaps with words from the box.

_________ instruments refer to the international treaties that are signed and ratified by governments, and impose

______ under international law for State Parties to the conventions to comply with those agreements. __________ instruments refer primarily to the UN Conference and UN General Assembly agreements adopted through intergovernmental _________ While not binding in a legal sense, the UN Conference ___________, such as the Vienna Programme of Action on Human Rights and the Beijing Platform for Action; or UN General Assembly Declarations ,such as the Declaration on the Elimination of Violence Against Women (1993), the Millennium Declaration (2000), or the Declaration of Commitment on HIV/AIDS (2001) – become international

________ law. That is, they form an integral part of the international human rights _______, and become established as human rights principles and standards of conduct that governments are expected to promote and protect.

Exercise 10. Read the text of the agreement and answer these questions.

1.What kind of international compact is it?

2.Who are the parties to the Agreement?

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3.When and where was the Agreement adopted?

4.What are the general provisions of the document?

Florence Educational Scientific and Cultural Agreement

adopted by the General Conference of Unesco at Florence, Italy

Preamble

The contracting States,

Considering that the free exchange of ideas and knowledge and, in general, the widest possible dissemination of the diverse forms of self-expression used by civilizations are vitally important both for intellectual progress and international understanding, and consequently for the maintenance of world peace;

Considering that this interchange is accomplished primarily by means of books, publications and educational, scientific and cultural materials;

Considering that the Constitution of the United Nations Educational, Scientific and Cultural Organization urges cooperation between nations in all branches of intellectual activity….,

Recognize that these aims will be effectively furthered by an international agreement facilitating the free flow of books, publications and educational, scientific and cultural materials; and

Have, therefore, agreed to the following provisions:

Article I

I. The contracting States undertake not to apply customs duties or other charges on, or in connection with, the importation of:

Books, publications and documents, educational, scientific and cultural materials, listed in Annexes to this Agreement; ………..

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Article II

1. The contracting States undertake to grant the necessary licenses and/or foreign exchange for the importation of the following articles:

(a)Books and publications consigned to public libraries and collections and to the libraries and collections of public, educational, research or cultural institutions;

(b)Official government publications, that is, official, parliamentary and administrative documents published in their country of origin;

(c)Books and publications of the United Nations or any of its Specialized Agencies;

(d)Books and publications received by the United Nations Educational, Scientific and Cultural Organization and distributed free of charge by it or under its supervision;

(e)Publications intended to promote tourist travel outside the country of importation, sent and distributed free of charge;

(f)Articles for the blind: ….

Article III

1. The contracting States undertake to give every possible facility to the importation of educational, scientific or cultural materials, which are imported exclusively for showing at a public exhibition approved by the competent authorities of the importing country and for subsequent reexportation. These facilities shall include the granting of the necessary licenses and exemption from customs duties and internal taxes and charges of all kinds payable on importation, other than fees and charges corresponding to the approximate cost of services rendered…...

Article IV

The contracting States undertake that they will as far as possible:

(a) Continue their common efforts to promote by every means the free circulation of educational, scientific or cultural materials, and abolish or reduce any restrictions to that free circulation which are not referred to in this Agreement;

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(b)Simplify the administrative procedure governing the importation of educational, scientific or cultural materials;

(c)Facilitate the expeditious and safe customs clearance of educational, scientific or cultural materials.

Article V

Nothing in this Agreement shall affect the right of contracting States to take measures, in conformity with their legislation, to prohibit or limit the importation, or the circulation after importation, of articles on grounds relating directly to national security, public order or public morals.

Article IX

I. This Agreement, of which the English and French texts are equally authentic, shall bear today's date and remain open for signature by all Member States of the United Nations Educational, Scientific and Cultural Organization, all

Member States of the United Nations….

Done at Lake Success, New York, this twenty-second day of November one thousand nine hundred and fifty …..

Exercise 11. Find in the text above the English equivalents for these word combinations.

Распространение различных форм самовыражения, жизненно необходим для, поощрять сотрудничество во всех областях интеллектуальной деятельности, способствовать цели, содействовать/облегчать свободное движение, обязуются/ ручаются не взимать таможенные пошлины, распространять бесплатно, страна ввоза, для последующего вывоза, выдача необходимых разрешительных документов, примерная стоимость оказываемых услуг, продолжать совместные усилия, отменить ограничения на, упростить процедуру, таможенная очистка, принять меры, в соответствии с законодательством, от имени подписавших стран.

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

Exercise 13. Study these verbs with similar meaning. Make up sentences of your own.

Exercise 14. Translate these sentences.

1.It would facilitate matters if you were more cooperative.

2.The right of individuals to appeal to a higher court is provided for in the constitution.

3.The head of the Chamber of Commerce claims the new regulations will encourage investment.

4.International humanitarian law imposes rather strict and detailed rules facilitating humanitarian relief in armed conflicts.

5.Intensified co-operation between the OSCE and the Council of Europe is needed to reinforce both organizations' work to promote democracy, human rights and the rule of

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law and to avoid duplication, said the Secretary General of the Council of Europe in Vienna today.

6. The UN Committee for Development Policy aims at strengthening support measures for the least developed countries.

Exercise 15. Read the text of the cultural agreement translating the words in italics.

The Government of (name of country) and the Government of (name of country),

Выражая желание развивать взаимопонимание между народами двух стран, and to improve the general state of relations between them;

both полагая, что дальнейшее расширение контактов, обменов и взаимовыгодного плодотворного сотрудничества between them will способствовать достижению данных целей,

принимая во внимание позитивный опыт achieved through special agreements on exchanges в научной, техни-

ческой, образовательной, культурной и других областях.

HAVE AGREED as follows:

Article 1

The Parties shall (поощрять и развивать контакты, обмен и сотрудничество в сферах) of science, education, and culture, and in other fields of (представляющих вза-

имный интерес).

Article 2

The Parties shall encourage and (способствовать рас-

ширению контактов, обмена и сотрудничества в различ-

ных сферах образования). To this end, both Parties shall:

a)(обеспечивать обмен) of students, researchers, and faculty members for study and research; professors and teachers to lecture, teach and conduct researches;

b)(содействовать обмену) by appropriate organizations, of education and teaching materials.

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Article 3

In order to achieve better (взаимного знакомства с куль-

турными достижениями) of each country, the Parties shall:

1.(поощрять развитие обмена) in artistic performance such as theatrical, musical and choreographic ensembles, orchestras and entertainment groups and exchange of individuals;

2.(способствовать обмену) of exhibitions and museum items;

3.(содействовать взаимным визитам) of artists, writers, and specialists in all academic disciplines, (особенно когда такие визиты предпринимаются для участия) in conferences and symposia;

4.(поощрять визиты и обмен) of athletes, athletic teams, teachers and specialists in various sports affairs.

Article 4

1.This Agreement shall (вступает в силу с момента

подписания). Either Party may terminate the Agreement by a six month's (письменного уведомления) to the other Party. The Agreement may be modified by mutual agreement of both parties.

2.Nothing in this Agreement shall be construed to prejudice other agreements concluded between both Parties.

DONE AT ... this ... day of ..., 19_ , in duplicate, in the English and Arabic languages, both texts being equally authentic.

Exercise 16. Find out the meaning of the word

«prejudice» in these sentences.

1.Nothing in this Agreement shall be construed to prejudice other agreements concluded between both Parties.

2.Where the requested Party believes that preservation will not ensure the future availability of the data or will threaten the confidentiality of or otherwise prejudice the requesting Party’s investigation, it shall promptly so inform the requesting Party.