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

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States and a majority of other signatories. United Nations Day is celebrated on 24th October each year.

The Charter is the constituting instrument of the Organization, setting out the rights and obligations of member states, and establishing the United Nations organs and procedures.

The purposes of the United Nations, as set forth in the Charter, are to maintain international peace and security; to develop friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples; to cooperate in solving international economic, social, cultural and humanitarian problems and in promoting respect for human rights and fundamental freedoms; and to be a center for harmonizing the actions of nations in attaining these ends.

The Charter established six principal organs of the United Nations, are the: General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice and Secretariat. The United Nations family, however, is much larger, encompassing 15 funds and programs (such as UNICEF and UNDP), the specialized agencies (such as UNESCO and WHO) and related organizations. The funds and programs are subsidiary bodies of the General Assembly. Together, the organizations of the UN system address all areas of economic and social endeavour.

The main source of funds for the UN budget is the contributions of member states.

The fundamental criterion on which the scale of assessments is based is the capacity of countries to pay. This is determined by considering their relative shares of total gross national product, adjusted to take into account a number of factors, including their per capita incomes. In addition to the regular budget, member states are assessed for the costs of the international tribunals and, for the costs of peacekeeping operations.

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Exercise 2. Find in the text above the English equivalents for these word combinations.

Хартия (Устав) ООН, выработать проект устава, ратифицировать устав, стороны, подписавшие документ, устанавливать права и обязанности, цели ООН, поддержание мира и безопасности во всем мире, основываясь на принципах, равноправие и самоопределения народов, достижение целей, включать в себя, дочерние организации, экономические и социальные усилия, источники финансирования, платежеспособность, основной критерий, взимать плату за, внутренний валовой продукт, доход на душу населения.

Exercise 3. Say whether these statements are true or false. Correct the wrong ones.

1.The United Nations officially came into existence on 24 October 1955.

2.The Charter set out the rights and obligations of member states, and established the United Nations organs and procedures.

3.The purposes of the United Nations are to maintain peace and security; to prevent international crime.

4.The UN Charter established six principal organs of the United Nations.

5.The United Nations family encompasses the: General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice and Secretariat.

6.The contributions of member states are determined by considering their total gross national product, their per capita incomes.

7.The costs of the international tribunals and peacekeeping operations are included into the contributions of member states…

Exercise 4. Answer these questions.

1. How was the United Nations Charter drawn up?

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2.When did the United Nations officially come into existence?

3.What did the Charter set out?

4.What are the purposes of the United Nations?

5.What are the six principal organs of the United Nations?

6.What other agencies and programs belong to the UN family?

7.What is the main source of funds for the UN budget?

8.What is the fundamental criterion the scale of assessments is based on?

Exercise 5. Fill in the gaps using the verbs in the box. Put the verbs into the appropriate tense form.

The International Law Commission

The International Law Commission ________ by the

General Assembly in 1947 to promote the progressive development of international law and its codification. The Commission, which meets annually, ________ of 34 members who _______ by the General Assembly for five year terms and who serve in their individual capacity, not as representatives of their Governments.

Most of the Commission’s work _________ the preparation of drafts on topics of international law. Some topics

__________ by the Commission and others referred to it by the General Assembly or the Economic and Social Council. When the Commission __________ draft articles on a particular topic, the General Assembly usually _________

an international conference of plenipotentiaries to

___________ the draft articles into a convention which is then open to States _________ parties. Since 1949 the Commission ________ final drafts or reports with respect to the topics, as follows:

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Regime of the High Seas

Regime of territorial Waters

Diplomatic intercourse and immunities

Arbitral procedure

Draft declaration on rights and duties of States

Question of defining aggression

Draft Code of Crimes against the peace and security of mankind

Relations between States and international organizations

The law of the non-navigational uses of international watercourses

Question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law

Status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier and many others.

Exercise 6. Comment on the role and functions of the International Law Commission.

Exercise 7. Translate the text into Russian and answer these questions.

1.What is WTO?

2.What do WTO and the Marrakech Agreement provide?

WTO and the Committee on Trade and Environment

The World Trade Organization, established on 1 January

1995, is the successor to the General Agreement on Tariffs and Trade (GATT). As the legal and institutional foundation of the multilateral trading system, the WTO provides the principal contractual obligations that determine how governments frame and implement domestic trade legislation and regulations. The WTO provides the platform on which trade relations among Members evolve through collective debate, negotiation and adjudication.

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The WTO provisions include several references to the environment, such as the Preamble to the Marrakech

Agreement, which notes the importance of “allowing for the optimal use of the world's resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development”.

Exercise 8. Read the following text and speak on the composition, responsibilities and the routine of the organization described.

The International Court of Justice

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established in June 1945 by the Charter of the United Nations and began work in April 1946.

The seat of the Court is at the Peace Palace in The Hague (Netherlands).

The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.

Article 33 of the United Nations Charter lists the following methods for the pacific settlement of disputes between States: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements; good offices should also be added to this list. Among these methods certain ones involve appealing to third parties.

For example, mediation places the parties to a dispute in a position in which they can themselves resolve their dispute thanks to the intervention of a third party. Arbitra-

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tion goes further, in the sense that the dispute is submitted to the decision or award of an impartial third party, so that a binding settlement can be achieved. The same is true of judicial settlement (the method applied by the International Court of Justice), except that a court is subject to stricter rules than an arbitral tribunal, particularly in procedural matters.

The International Court of Justice acts as a world court. The Court has a dual jurisdiction: it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction).

Exercise 9. Cover the text above and fill in the appropriate prepositions.

1.The International Court of Justice was established ___

June 1945 ___ the Charter ___ the United Nations.

2.The seat ___ the Court is ___ the Peace Palace ___

The Hague.

3.The Court is composed ___ 15 judges, who are elected ___ terms ___ office ___ nine years ___ the United Nations General Assembly and the Security Council.

4.Article 33 ___ United Nations Charter lists methods

___ the pacific settlement ___ disputes ___ States.

5.The International Court ___ Justice acts ___ a world court.

6.The Court decides ___ accordance ___ international law, disputes ___ a legal nature that are submitted ___ it

___ States.

7.The Court gives advisory opinions ___ legal questions

___ the request ___ the organs ___ the United Nations.

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Exercise 10. Complete these sentences.

1.The International Court of Justice (ICJ) is _________.

2.A Registry is ________________________________.

3.The Court’s official languages are _______________.

4.The methods for the pacific settlement of disputes between States are ________________________________.

5.The Court has a dual jurisdiction that is __________.

Exercise 11. Match these legal terms to their definitions. Which of these ways of dispute resolution do you think are preferable in international relations and why?

1. mediation a) a discussion between two or more disputants who are trying to work out a solution to their problem.

2. negotiation b) systematic investigation of a matter of public interest.

3. enquiry c) this form of alternative dispute resolution aims to determine the conditions of any settlements reached — rather than accepting something imposed by a third party.

4. arbitration d) an alternative dispute resolution process whereby the parties to a dispute agree to utilize the services of a special person, who then meets with the parties separately in an attempt to resolve their differences. He does this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement. This method differs from arbitration in that its process has no legal standing.

5. conciliation e) a legal technique for the resolution of disputes outside the courts, wherein the

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parties to a dispute refer it to one or more persons , by whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

6.good f) a dispute is placed before an existing in- offices dependent court. The most important and

comprehensive of these courts is the ICJ.

7.resort to g) the first level of intervention or re- regional sponse mechanism to any regional conflict agencies or before referring to the Security Council. arrangements No enforcement action shall be undertaken by these organs without the specific

authorization of the UN Security Council.

8.judicial e) beneficial acts performed for another, settlement especially acts performed by a mediator in a dispute The UN Secretary General uses what is generally meaning his prestige and the weight of the world community he represents when he meets with world leaders, either publicly or privately, in an effort to prevent international disputes from developing, escalating, or spreading.

Exercise 12. Read the following text and find the

English equivalents for these word combinations.

покончить с безнаказанностью, достичь согласия, преступления против человечества, историческая веха, правовая основа, основать постоянный орган, в соответствии со статутом, на основании представления, странаучастник.

International Criminal Court

The International Criminal Court (ICC), governed by the

Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for

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the perpetrators of the most serious crimes of concern to the international community.

The ICC is an independent international organization, and is not part of the United Nations system. Its seat is in the Hague, the Netherlands.

In the 20th century the international community reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War. In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable.

However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed. On 17 July 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court. Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council.

Exercise 13. What crimes do you think these terms involve?

Exercise 14. Answer and debate these questions.

1.What were the reasons for establishing the International Criminal Court?

2.Why do you think it came into o existence only at the end of the twentieth century?

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3.What are the basic provisions of the Rome Statute?

What countries didn’t adopt it?

4.What do you know about the Nuremberg and Tokyo trials?

5.Could you give any examples of the recent International Criminal Court trials?

6.Will the role of this court be increasing in years to come? Give your reasons.

OVER TO YOU

Express your opinion in a short essay to cover the following issues. What do you think is the role of international organization in the modern world? Are these organisations efficient enough?