Правовая терминология в контексте международного права (английский язык для студентов юридических вузов и факультетов). Учебное пособие

Министерство науки и высшего образования Российской Федерации

Федеральное государственное бюджетное образовательное учреждение высшего образования

«Саратовская государственная юридическая академия»

Т. А. Александрова,   Н. В. Лазовская

ПРАВОВАЯ ТЕРМИНОЛОГИЯ  В КОНТЕКСТЕ  МЕЖДУНАРОДНОГО ПРАВА

(английский язык для студентов  юридических вузов и факультетов)

Учебное пособие

Саратов

2024

of international concern); jurisdiction (power of a state to make and enforce its laws at the international level); state responsibility for wrongful acts; the use of international law in domestic courts; human rights;warandpeace;internationalorganisations,etc.Thebasicpurpose of studying international law is to understand the concepts, principles and methods of international law as distinct from domestic law and thereby understand the special environment, structure and process of international transactions.

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PART I

UNIT 1

A.

Read the text quickly and try to understand what it is about and what informationisofprimaryimportanceornewtoyou.

The relationshipInternatiobetweenalinternationalvs. NationallawLawand national law (municipal law or domestic law as it is also called) is one of the most intriguing, variable, and complex, issues that arises in the context of the application of international law.

First, international legal obligations can be thought of as existing on twosimulataneousplanes:theinternationalplaneandthedomesticplane. They are not necessarily the same and in many cases are quite different. Obligationsthatexistontheinternationalplanearethosebetweenstates themselves.States,ofcourse,beingthecentralactorsininternationallaw. Theseobligationsariseasaresultoftreatiesandcustomsthatevolveover timeThese. obligations, however, may produce different consequences when they are considered on the domestic plane. Here countries differ greatly with regard to the hierarchy or normative rank that their individual legal systems assign to international obligations. Typically, states will draw distinctions between obligations arising under treaty and those arising through customary law. Rarely, states consider international obligations superior to their domestic laws but in many more cases international obligations are considered on a par with, and part of, a state’s body of domestic law. In other cases, international obligations are made a part of a state’s domestic law by specific implementing legislation that converts an international obligation into a corresponding domestic one. Where this fails to occur, the state will be bound by the obligation on the international plane, but no rights flow from that obligation to the domestic plane.

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B.

Read the text carefully and divide it into logical parts. Give each part a suitable heading. Retell each part in brief in English. Write a one-page summaryofthistextinEnglish.

of Westphalia, there was relative stability in Europe for 130 years (until the 1789 French Revolution). 1) The Peace of Wesphalia is often cited as being the birth of the modern nation-states, establishing states as sovereigns answering to no-one within its own borders.

4.Land,wealth,tradingrights,andmonopolizingthenewlandswere the topics of war.

Some people assert that international law developed to deal with the new states arising, others claim that thelack of influence of the Pope and the Catholic church gave rise tothe need for new generally-accepted codes.

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on the rights of the natives. He did so while Spain was at theheight of its power,aftertheviolentSpanishconquestofPeruin1536.CharlesV,Holy Roman Emperor, protested against the friar, but in 1542 new laws put the natives under protection of the Spanish crown. Vitoria is generally recognized as the founder of modern international law.

France

French monk Emeric Cruce (1590–1648) came up with the idea of having representatives of all countries meeting in one place to discuss their conflicts so as to avoid war and create more peace. He suggested thisinhisTheNewCyneas(1623),choosingVenicetobetheselectedcity for all ofthe representatives tomeet, and suggested that thePope should preside over themeeting. Of course, during theThirty Years’ War (1618– 1648),thiswasnotacceptabletotheProtestantnations.Healsosaidthat armies should be abolished and called for a world court. Though his call to abolish armies was not taken seriously, Emeric Cruce does deserve his placeinhistorythroughhisforesightthatinternationalorganizationsare crucial to solve international disputes.

Hugo Grotius (or Huig de Groot) (1583–1645) was aDutch humanist and jurist considered central to the development of international law. He became a lawyer when he was 15 years old and got sentenced to life in prison after going against Maurice of Nassau, son of William I of Orange|William of Orange in a trial, but he escaped and fled toParis. In France, he developed his ideas on international law with his Mare Liberum (Latin for «Free seas»), in which he challenged the claims and attempts of England, Spain, and Portugal to rule portions of the oceans andseas.Hegainednewinternationalfamein1625withhisbookDeJure BelliacPacis(TheLawofWarandPeace),asitbecamethefirstdefinitive text on international law. It was published only two years after TheNew Cyneas.

Much of Grotius’s content drew from the Bible and from classical history. In his work he did not condemn war as only a political tool, considering cases in which war is appropriate. He further developed the just war theory. A just war fits certain criteria:

1. It can be to repel an invasion. 2. It can be to punish an insult to God.

3. There has to be a just cause (one of the two mentioned above).

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4. It has to be declared by the proper authorities. 5. It must possess moral intention.

6. It must have a chance of success. 7. It must abstain from brutal practices.

8. Its end result must be proportional to the means used.

9. The statesmen of the time believed no nation could escape war, so they prepared for it.

King Henry IV’s Chief Minister, the Maximilien de Bethune, duc de Sully

Duke of Sully, proposed the founding of an alliance of the European nations that was to meet to arbitrate issues and wage war not between themselves but collectively on the Ottoman Turks, and he called it the Grand Design, but was never established.

After World War I, the nations of the world decided to form an international body – the "League of Nations".

WhenWorldWarIIbrokeout,theLeagueofNationswasfinished.Yet atthesametime,theUnitedNationswasbeingformed.OnJanuary1,1942, U. S. President Franklin D. Roosevelt issued the “Declaration by United Nations”onbehalfof26nationswhohadpledgedtofightagainsttheAxis powers. Even before the end of the war, representatives of 50 nations met in San Francisco to draw up the charter for an international body toreplacetheLeagueofNations.OnOctober24,1945,theUnitedNations officially came into existence.

The value and authority of international law is entirely dependent uponthevoluntaryparticipationofstatesinitsformulation,observance, and enforcement. Although there may be exceptions, most states enter into legal commitments to other states out of enlightened self-interest rather than adherence to a body of law that is higher than their own. The formation of the United Nations created a means for the world community to enforce international law upon members that violate its charter.

Traditionally, states were the sole subjects of international law. With theproliferationofinternationalorganizationsoverthelastcentury,they have in some cases been recognized as relevant parties as well.

Recent interpretations of international human rights law, internationalhumanitarianlaw,andinternationaltradelaw(e.g. NAFTA Chapter 11 actions) have been inclusive of corporations, and even individuals.

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C.

Skimthetextandsaywhatsortoftopicsandideasitcontains.Writeall thewordsandphrasesreferringtothesetopicsandideas.

Fundamental Conflicts  

As a philosophical,withinpolitical,InterandatioconstitutionalLaw matter, sovereign states derive their autonomy through inherent legitimacy rather than a decree by the international community. Though states may therefore choose to voluntarily enter into commitments under international law, sometimes they will accept legislative process outside their own consent. It follows that they will follow their own counsel when it comes to interpretation of their commitments under international law.

Some scholars and political leaders have recently argued that international law has evolved to a point where it exists separately from the mere consent of states. There is a growing trend toward judging a state’s domestic actions inlight ofinternational law and standards (see world government for trends and movements leading in this direction). A number of states vehemently oppose this interpretation, maintaining that sovereignty is the dominant value.

Similarly, a number of scholars now discern a legislative and judicial processtointernationallawthatparallelssuchprocesseswithindomestic law. Opponents to this point of view maintain that states only commit to international law with express consent and have the right to make their own interpretations of its meaning; and that international courts only function with the consent of states.

D.

Giveanoralsummaryofthetextandcommentonit.

InternationalLawDomainsincludesoftheInternationalbasic,classicconceptsLaw oflawinnational legal systems -- status, property, obligation, and tort (or delict). It also includes substantive law, procedure, process and remedies. International Law is rooted in acceptance by the nation states which constitute the system. The following are major substantive fields of international law: ■ International economic law

■■ International security law

■

■■ International criminal law

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■ International environmental law

■■ Diplomatic law

■

■■ International humanitarian law or law of war.

■■ International human rights law

E.

Read the text and try to understand what it is about and what informationisofprimaryimportanceornewtoyou.

oftheUnitedNations.Internationalagreementscreatelawfortheparties of the agreement. They may also lead to the creation of customary internationallawwhentheyareintendedforadherencegenerallyandare infact widely accepted. Customary law and law made by by international agreement have equal authority as international law. Parties may assign higher priority to one of the sources by agreement. However, some rules of international law are recognized by international community as peremptory, permitting no derogation. Such rules can be changed or modified only by a subsequent peremptory norm of international law.

General principles common tosystems ofnational law isasecondary source of international law. There are situations where neither conventional nor customary international law can be applicable. In this case a general principle may be invoked as a rule of international law because it is a general principle common to the major legal systems of the world and not inappropriate for international claims.

F.

Readthetext.Makeupasmanyquestionsonthetextaspossible.Retell thetextaccordingtoyourquestions.

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Traditionally, statesSubjectswereoftheInternationalmain subjectLawof international law. Increasingly, individuals and non-state international organizations have also become subject to international regulation.

International law impose upon the nations certain duties with respect to individuals. It is a violation of international law to treat an alien in a manner which does not satisfy the international standard of justice. However, in the absence of a specific agreement an individual cannot bring the compliant. Only the state of which he is a national can complain of such a violation before an international tribunal. The state ofnationalityusuallyisnotobligatedtoexercisethisrightandcandecide whether to enforce it.

International organizations play increasingly important role in the relationships between nations. An international organization isone thatcreatedby international agreementor which hasmembership consisting primary of nations.

The United Nations, the most influential among international organizations, was created on June 26, 1945. The declared purposes of United Nations are to maintain peace and security, to develop friendly relations among nations, to achieve international cooperation in solving international problems, and to be a center for harmonizing the actions ofthenationsandattainingtheircommonends.TheCharteroftheUnited Nationshasbeenadheredtobyvirtuallyallstates.Eventhefewremaining non-member states have acquiesced in the principles it established. The International Court of Justice is established by the UN Charter as its principal judicial organ.

G.

Readthetext.TranslatethetextfromEnglishintoRussianwiththehelp ofthedictionary.

Where thereInterpretationare disputes aboutf IntthernexacttionalmeaningLawand application of national laws, it is the responsibility of the courts to decide what the law means. In international law asawhole, there are no courts which have the authority to do this. It is generally the responsibility of states to interpret the law for themselves. Unsurprisingly, this means that there is rarely agreement in cases of dispute.

The Vienna Convention on the Law of Treaties writes on the topic of interpretation that: “A treaty shall be interpreted in good faith

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