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

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3.The liability of a legal person may be criminal, civil or administrative. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.

4.Nothing in paragraph 3 below should in any way prejudice the position of anу Member State on this question.

5.States Parties undertake to adopt effective measures with a view to combating prejudices which lead to racial discrimination.

6.Nothing in the present Declaration is to be construed as prejudicing in any manner the provisions of the Charter.

7.Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under article 2 before the effective date of denunciation.

Exercise 17. Read the text of the agreement below and answer these questions.

1.What is the Embassy informing about?

2.What is the agreement pursuant to?

AGREEMENT

in the form of an exchange of notes

(city), (date)

EMBASSY OF (name of country)

IN (city)

No. ___

The Embassy of … presents its compliments to the Ministry of Foreign Affairs of... and has the honour to inform it of the following:

Pursuant to the relevant provisions of the Final Act of the

Conference on Security and. Cooperation in Europe, the (British, etc.) authorities are prepared to grant on a reciprocal basis, as of 17 October 20_.one-year multiple entry and exit visas to ... journalists permanently accredited to the Government of ... and members of their families.

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The Embassy would regard a positive response from the Ministry as constituting an agreement between the two Parties in this matter.

The Embassy of ... takes this opportunity to renew to the Ministry of Foreign Affairs of ... the assurances of its highest consideration.

(signed)

MINISTRY OF FOREIGN AFFAIRS OF (name of country)

*on a reciprocal basis – на взаимной основе. Exercise 18. Translate this text using a dictionary.

International agreements without Senate approval

The Constitution of the United States recognizes a distinction between ''treaties'' and ''agreements'' or ''compacts'' but does not indicate what the difference is. Once a stepchild in the family in which treaties were the preferred offspring, the executive agreement has surpassed in number. During the first half-century of its independence, the United States was party to sixty treaties but to only twenty-seven published executive agreements. Most executive agreements entered into were authorized in advance by Congress by statute or by treaty provisions ratified by the Senate.

Perhaps the first formal authorization in advance of an executive agreement was enactment of a statute that permitted the Postmaster General to ''make arrangements with the Postmasters in any foreign country for the reciprocal receipt and delivery of letters and packets, through the post offices.'' Congress has also approved, usually by resolution, other executive agreements, such as the annexing of Texas and Hawaii, the acquisition of Samoa and the reciprocal arrangements between the United States and other countries for the securing of protection for patents, copyrights, and trademarks.

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In 1904-1905, Secretary of State John Hay negotiated a series of treaties providing for the general arbitration of international disputes. The Senate approved the British treaty having, however, first amended it by substituting the word ''treaty'' for ''agreement''.

The President's first important utilization of the executive agreement device took the form of an exchange of notes in 1933, with Maxim Litvinov, the USSR Commissar for Foreign Affairs, whereby American recognition was extended to the Soviet Union.

The most extensive delegation of authority ever made by Congress to the President to enter into executive agreements took place at a time when war appeared to be in the offing. The legislation referred to is the LendLease Act of 1941.The US entered into Mutual Aid Agreements whereby the Government furnished its allies in World War II forty billions of dollars worth of munitions of war and other supplies.

Article 43 of the United Nations Charter provides: '' All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.'' This time the Senate did not boggle over the word ''agreement''.

Negotiated pursuant to authorizations contained in treaties between the United States and foreign nations in the territory of which American troops are stationed, Status of Forces Agreements afford the United States a qualified privilege, which may be waived, of trying by court martial soldiers and their dependents charged with commission of offenses normally within the exclusive, criminal jurisdiction of the foreign signatory power.

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Many types of executive agreements comprise the ordinary daily grist of the diplomatic mill. Among these are those applying to minor territorial adjustments, boundary rectifications, and the regulation of fishing rights. Also, there are such time-honored diplomatic devices as the ''protocol'' which marks a stage in the negotiation of a treaty, and the modus vivendi, which is designed to serve as a temporary substitute for one. Executive agreements become of constitutional significance when they constitute a determinative factor of future foreign policy and hence of the country's destiny.

Post–war diplomacy of the United States was greatly influenced by the executive agreements entered into at Cairo, Teheran, Yalta, and Potsdam. For a period, the formal treaty – the signing of the United Nations Charter and the entry into the multinational defense pacts, like NATO, SEATO, and the like – reestablished itself, but soon the executive agreement again became the principal instrument of United States foreign policy.

*NATO – North Atlantic Treaty organization (an arrangement made between several European countries, the USA and Canada to give each other military help if necessary.

*SEATO – Southeast Asia Treaty organization, formed in 1954.

Exercise 19. Speak on these types of executive agreements.

a)Executive Agreements by Authorization of Congress

b)Reciprocal Trade Agreements

c)The Lend-Lease Act

d)Agreements under the United Nations Charter

e)Status of Forces Agreements

f)Executive Agreements on the Sole Constitutional Authority of the President.

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OVER TO YOU

Write an essay to answer these questions.

1.Does the Constitution of the United States indicate the difference between ''treaties'' and ''agreements'' or ''compacts''?

2.How were most executive agreements entered into authorized?

3.What was the most extensive delegation of authority ever made by Congress to the President to enter into executive agreements?

4.What are time-honored diplomatic devices?

5.What was post–war diplomacy of the United States influenced by?

6.What kind of agreement is the principal instrument of United States foreign policy?

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Lesson 10 Diplomatic law

Starting up

Comment on the following quotation.

“The principle of give and take is the principle of diplomacy – give one and take ten”.

Mark Twain, an Americal writer

Before you read, answer the following questions.

1.What, in your opinion, diplomacy is?

2.Give a definition of diplomacy.

Exercise 1. Read the text.

Diplomacy is the art and practice of conducting negotiations between representatives of groups or states. It usually refers to international diplomacy, the conduct of international relations through the intercession of professional diplomats with regard to issues of peace-making, trade, war, economics, culture, environment and human rights. International treaties are usually negotiated by diplomats prior to endorsement by national politicians. In an informal or social sense, diplomacy is the employment of tact to gain strategic advantage or to find mutually acceptable solutions to a common challenge, one set of tools being the phrasing of statements in a non-confrontational or polite manner.

The science of diplomatics, dealing with the study of old documents, also owes its name to the above, but its present meaning is completely distinct from that of diplomacy.

Diplomatic law is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity.

Key elements of diplomatic law are the immunity of diplomatic staff, the inviolability of the diplomatic mission and its

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grounds, and the security of diplomatic correspondence and diplomatic bags. Diplomatic law is also an accepted principle of customary international law and is recognized between countries as a matter of practicality. Diplomatic law is often strictly adhered to by states because it works on reciprocity. For example, if you expel diplomats from a certain country, then your diplomats will most likely to be expelled from this country. It is in this way that diplomatic relations between states, and government to government interaction, can prosper. For most of history diplomatic law has mostly been customary. An important treaty with regards to diplomatic law is the 1961 Vienna Convention on Diplomatic Relations. Questions not expressly regulated by the Convention continue to be governed by the rules of customary international law.

Exercise 2 Cover the text above and fill in the appropriate prepositions.

1.Diplomacy refers ___ the conduct ___ international relations ___ the intercession ___ professional diplomats

___ regard ___ issues ___ peace-making, trade, war, economics, culture, environment and human rights.

2.A fundamental concept ___ diplomatic law is that ___

diplomatic immunity, which derives ___ state immunity.

3.Diplomatic law is an accepted principle ___ customary international law recognized ___ countries as a matter ___

practicality.

4.Diplomatic law is often strictly adhered ___ ___

states because it works ___ reciprocity.

5.If you expel diplomats ___ a certain country, then your diplomats will most likely to be expelled ___ this country.

6.An important treaty ___ regards ___ diplomatic law is the 1961 Vienna Convention ___ Diplomatic Relations.

7.Questions not expressly regulated ___ this Convention are governed ___ the rules ___ customary international law.

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Exercise 3. Complete these sentences.

1.Diplomacy is the art and practice of ______________

2.International treaties are usually negotiated by _____

3.In an informal or social sense, diplomacy is ________

4.The science of diplomatics deals with _____________

5.Diplomatic law is _____________________________

6.Key elements of diplomatic law are ______________

7.Diplomatic law is adhered to by states because _____

8.For most of history diplomatic law has mostly been ___

Exercise 4. Translate these word combinations using the appropriate forms of the words in bold.

diplomatic – профессиональный дипломат, дипломатический персонал, дипломатическая миссия, вмешательство дипломатов, дипломатический иммунитет, дипломатия, конвенция о дипломатических сношениях, дипломатическая переписка, дипломатическая почта, дипломатические отношения между странами, выдворить дипломата, дипломатическая нота.

principle – принцип неприкосновенности, принятый и признанный принцип, придерживаться принципа, принцип взаимности, руководствоваться принципами, из принципа, главным образом, человек с высокими принципами, дело принципа, в принципе, принцип равных возможностей.

Exercise 5. Read this text and answer these questions.

1.When and where was the Conventions on Diplomatic Relations adopted?

2.How many countries has it been ratified by?

3.Why the Convention is considered a cornerstone of modern international relations?

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The Vienna Conventions on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity. Its articles are considered a cornerstone of modern international relations. It has been ratified by 186 countries.

It is possible for the official's home country to waive immunity; this tends to only happen when the individual has committed a serious crime, unconnected with their diplomatic role (as opposed to, say, allegations of spying), or has witnessed such a crime. The Vienna Convention provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States. It specifies the functions of diplomatic missions, the formal rules regulating appointments, declarations of persona non grata of a diplomat who has in some way given offence, and precedence among heads of mission. It makes provision for withdrawal of a mission – which may take place on grounds of economy or physical security – and for breach of diplomatic relations which may occur in response to abuse of immunity or severe deterioration in relations between sending and receiving States.

Article 22 confirms the inviolability of mission premises – barring any right of entry by law enforcement officers of the receiving State and imposing on the receiving State a special duty to protect the premises against intrusion, damage, disturbance of the peace or infringement of dignity. Even in response to abuse of this inviolability or emergency, the premises may not be entered without the consent of the head of mission. Article 24 ensures the inviolability of mission archives and documents – even outside mission premises – so that the receiving State may not seize or inspect them or permit their use in legal proceedings.

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Article 27 guarantees free communication between a mission and it’s sending State by all appropriate means, and ensures that the diplomatic bag carrying such communications may not be opened or detained even on suspicion of abuse.

Article 29 provides inviolability for the person of diplomats and article 31 establishes their immunity from civil and criminal jurisdiction. Immunity from jurisdiction – like other immunities and privileges – may be waived by the sending State. Article 34 sets out the tax exemption accorded to diplomats along with detailed exceptions in respect of matters unrelated to their official duties or to ordinary life in the receiving State. Article 36 provides for exemption from customs duties on diplomatic imports throughout a diplomat’s posting.

Articles 37 sets out a complex code for the treatment of families and junior. Article 38 bars from all privileges and immunities, except for immunity for their official acts, nationals and permanent residents of the receiving State. These two provisions limit immunities to what is essential to ensure the efficient performance of the functions of diplomatic missions as representing States.

Exercise 6. Find in the text above the English equivalents for these word combinations.

Не боясь принуждения и преследования со стороны принимающей страны; краеугольный камень; снять иммунитет; обвинения в шпионаже; установление и прекращение дипломатических отношений, объявление дипломата персоной нон грата, серьезное ухудшение отношений между странами, неприкосновенность помещения дипломатического представительства, ущемление достоинства, без согласия главы дипмиссии, освобождение от налогов и таможенных пошлин, задерживать диппочту, обеспечить эффективное выполнение функций.