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

HumanBoth RightsrightsandentailObligationsboth rights and obligations. States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing theenjoyment of human rights.TheobligationtoprotectrequiresStatestoprotectindividualsand groups against human rights abuses. The obligation to fulfil means that Statesmusttakepositiveactiontofacilitatetheenjoymentofbasichuman rights. At theindividual level, while we are entitled our human rights, we should also respect the human rights of others.

N.

Read and translate the following text using a dictionary if necessary andcommentonthesubject.

Office of the United Nations High Commissioner  

The Office of the HighforCommissioner,Human Rightsbased in Geneva with country officesaroundtheworld,hasastaffofsome200;itsthreemaincomponents deal with activities and progammes, research and right to development, and support services. The High Commissioner's broadened mandate supports the work of the Commission on Human Rights and the treaty bodies, focusing, among other things, on advancing the rights of women and children, combating racial discrimination in all its forms and protecting vulnerable groups and minorities, such as indigenous people, migrants and disabled people.

UnitedCommissionNations Humanpolicy Rightson human rights is governed, through the General Assembly, by a number of intergovernmental bodies, which also provide guidance to OHCHR. The main intergovernmental policymaking body concerned with human rights issues is the Commission on Human Rights. Established in 1946 by the Economic and Social Council, the Commission provides overall policy guidance, studies human rights problems, develops and codifies new international norms, and monitors theobservanceofhumanrightsaroundtheworld.Madeupof53Member States elected for three-year terms, the Commission provides a forum for States and intergovernmental and non-governmental organizations (NGOs) to voice their concerns about human rights issues.

The Commission originally concentrated its efforts on defining and codifying international human rights standards. Inthe past two decades,

21

oftheworld.TheSubcommission,inturn,hasestablishedseveralworking groups, which serve as forums for interaction between Governments and civil society concerning the rights of indigenous people, minorities and groups vulnerable to contemporary forms of slavery. Among other issues, the Subcommission focuses on contemporary forms of slavery, including forced labour, illegal and pseudo-legal adoptions aiming at the exploitation of children, and sexual slavery during wartime. It also considershumanrightsissuesconcerningdomesticandmigrantworkers andexaminespreventivemeasuresfortheeliminationofviolenceagainst women, in particular in situations of armed conflict.

TheSp cialUnitedproceduresNations human rights programme relies increasingly on an independent system of fact-finding outside the treaty framework, which permits a more flexible approach to individual violations. This system of so-called extra-conventional mechanisms refers to the special procedures of the Commission on Human Rights. The Commission can appointindependentexpertsofinternationalstaturetoexamine,monitor

22

of violations of the right to life committed by State authorities or armed groups. Working closely with Governments, United Nations bodies and NGOs, the Special Rapporteur appeals to Governments to prevent executions, particularly when the right to a fair trial seems to have been

23

violated. The Rapporteur responds to information on death threats against individuals and deaths in custody, calling for public inquiries or submitting urgent appeals.

O.

Read the text. Write out the key-words from every paragraph and put themintheorderofthetext.Retellthetextaccordingtothekey-words.

of movement – forcible relocations, mass expulsions, denial of the right to seek asylum or theright to return to one's home. Women and girls are raped by soldiers and forced into prostitution, and children are abducted to serve as soldiers. Tens of thousands of people detained in connection with conflicts "disappear" each year, usually killed and buried in secret, leaving their families with the torment of not knowing their fate. Thousandsofothersarearbitrarilyimprisonedandneverbroughttotrial or,iftheyare,aresubjecttogrosslyunfairprocedures.Homes,schoolsand hospitals are deliberately destroyed. Relief convoys, which try to assist civilians by providing humanitarian aid, are attacked.

The denial of fundamental rights relating to employment, housing, food or the respect for cultural life, and large-scale discrimination and

24

exclusion from the decision-making processes of society are the root causes of many grave crises today. Armed conflicts clearly illustrate the indivisibility and interdependence of all human rights. The collapse of infrastructure and civic institutions undermines the range of civil, economic, political and social rights. The rights to adequate health, housing, education, freedom of movement and expression, privacy and fair trial are only some of the fundamental rights and freedoms affected when hospitals and schools are closed, water and sanitation polluted, local administrations unable to function, and police and judicial systems shatteredorcorrupted.Governmentinstitutionsoftenbecomeincreasingly militarized, with the armed forces assuming civilian policing functions and military courts trying civilians. Prolonged conflicts also affect rural areas; crops are destroyed, crippling productivity insubsistence farming and agriculture and leading to chronic food shortages, malnutrition and famines. Health and poverty are often the most devastating long-term consequences of conflicts.

P.

Skimthetextandsaywhatsortoftopicsandideasitcontains.Writeall thewordsandphrasesreferringtothesetopicsandideas.

The 1993HumanWorldRightsConferencea d theon HumanTransitionRightstoaffirmedPeace the crucial connection between international peace and security and the rule of law and human rights, placing them all within the larger context of democratization and development. The need to reinforce these vital links has been highlighted by the sharp increase in bloody conflicts and man-made calamities in this decade.

The United Nations is increasingly combining efforts to prevent or end conflicts with measures aimed at reducing human rights abuses in situations of internal violence. Special emphasis is placed on ensuring the protection of minorities, strengthening democratic institutions, realizing the right to development and securing universal respect for human rights. Preventing massive human rights violations fromarising,respondingto violationsbeforetheyescalateintoconflicts and controlling and resolving conflicts before they escalate further are centralconcernsofpreventiveaction.Inthecontextofpreventiveaction and peacemaking, the Security Council and the Secretary-General, in carrying out his "good offices", are also assisted by the Department of Political Affairs (DPA).

25

Recognizing that human rights violations are frequently the root causes of conflict and humanitarian crises, the United Nations is making efforts towards strengthening its early warning capacity and response to conflicts by integrating human rights monitoring into peacekeeping operations, thus enhancing its ability to deal with allegations of human rights violations. The Office of the High Commissioner for Human Rights isdevelopingclosecontactswiththeUnitedNationsdepartments,offices and programmes responsible for peacekeeping and for humanitarian assistance, in particular the Department of Peacekeeping Operations (DPKO), DPA, the Office for the Coordination of Humanitarian Affairs (OCHA) and the Office of the United Nations High Commissioner for Refugees (UNHCR).

The human rights programme is performing a crucial role not only in the United Nations early warning system, but also in post-conflict reconstruction, building mutual confidence and helping to re-establish a climate ofunderstanding. Theinternational community has recognized that protecting human rights in the aftermath of conflicts cannot be isolatedfromhowtheconflictisbroughttoanend.Experienceinassisting countries in transition to democracy has shown how important the inclusion of human rights provisions in peace or transitional agreements can be.

The human rights missions in El Salvador and Guatemala demonstrate the crucial role of human rights in rebuilding trust and fostering a climate of reconciliation after armed conflict. In Guatemala, the Human Rights Verification Mission (MINUGUA) was deployed in 1994, two years in advance of the final peace agreement signed by the Government and the opposition front. The largest United Nations human rights verification mission ever mounted, with 13 regional and subregionalofficesand245internationalstaff,MINUGUA'sfieldpresence is more extensive than that of many national institutions in Guatemala. In the past two years, the Mission has successively reported dramatic declines in verified complaints of torture, forced disappearances and arbitrary detention.

The High Commissioner for Human Rights has deployed human rights field operations in Burundi, Rwanda, the former Yugoslavia and the Democratic Republic of the Congo (formerly Zaire). In each case, following up allegations of violations and establishing a framework of respect for human rights were seen as part and parcel of the work of creating an atmosphere of trust in a post-conflict situation. This has been a vital lesson for the United Nations in the 1990s.

26

UNIT 2

Therearesomeassociationofstudentsandlawyerswhoarededicated to the promotion of international law. Read the information about two of them and give your comments.

■■ To provide opportunities for law students and lawyers to learn about other cultures and legal systems in a spirit of critical dialogue and international cooperation.

ILSA’s primary unit of organization is the ILSA Chapter in the form of a local International Law Society (ILS) at the school level. Lawyers in the field and students whose schools do not have a chapter are encouraged to register as Individual Members. ILSA chapters and individual members receive subscriptions to the ILSA Quarterly and are invited to participate in a number of ILSA events and activities, including ILSA’s three annual conferences.

ILSA serves as an umbrella organization for its member chapters. Chaptersexistasindependententities,butarealsomembersofthelarger

27

ILSA organization. This structure allows chapters to meet the unique needs of its members while still maintaining access to an international network of pooled academic and organizational resources.

ILSAgloballyadministersthePhilipC.JessupInternationalLawMoot CourtCompetition.Everyyear,thousandsofstudentsfrommorethan500 schools in over 80 countries participate, making the Jessup the largest moot court competition in the world.

• The Jessup Competition was thebrainchild of Professor Richard R. Baxter at Harvard Law School, who worked with Professor Stephen M. Schwebel (later President of the International Court of Justice) to create a courtroom simulation experience grounded in international law.

• Originally named the “International Law Moot,” the Jessup Competition held its first round at Harvard University on 8 May 1960. The round, comprised only of Harvard Law students, involved a team of two American law students, Thomas J. Farer and William Zabel, and ateamoftwoforeignLL.M.students,IvanL.HeadofCanadaandBernard H. Clark of New Zealand. The first Jessup problem was titled, “Cuban Agrarian Reform Case.” Since then, theJessup Competition has been held annually, and student participation has increased dramatically.

• Shortly after the first Jessup Competition, the idea of creating an organization to serve the needs of students interested in international law arose. In 1962, students from a number of campuses founded the Association of Student International Law Societies. The Association evolvedovertheyears,andin1987,reconstituteditselfastheInternational Law Students Association (ILSA). In May 1994, ILSA incorporated as a non-profit organization in the District of Columbia in response to its rapid expansion and development.

ILSA members are students from schools around theworld that have a demonstrated interest in international law and want to partner with otherstudentsandthegloballegalcommunitytoexploreandunderstand international law issues. Students become members of ILSA by joining an established ILSA Chapter at their school or by registering with ILSA as an individual member.

ILSA organizes three conferences every year. ILSA also publishes booksandotheracademicresourcesontopicsrelatedtointernationallaw.

ELSA is an international, independent,The Europeannon-political,Law Students’non-profitAssociation-making organisation run by and for students. It is comprised of students and recent graduates who are

28

interested in academic and personal excellence in addition to their studies at their universities. ELSA offers law students a perfect platform to develop their existing skills, acquire new skills and meet fellow students and legal professionals throughout Europe. Five law students from Austria, Hungary, Poland and West Germany founded ELSA in1981. Today ELSA is the world’s largest independent law students association and it is represented at nearly 300 law faculties in 42 countries across Europewithmembershipinexcessof30000studentsandyounglawyers. ELSA-activities comprise a large variety of academic and professional events that are organised to fulfil the vision of ELSA and in order to provide our members opportunities to enhance their skills and to interact with each other. Furthermore ELSA provides its members opportunities to develop their skills through our traineeship programme aswellasthroughourpublications. Finally working intheELSA-network prepares active members of ELSA for their professional life through international experience gained through the association.

ELSA members are open-minded, internationally oriented/targeted andmultilingualandacquireabroaderculturalunderstandingthanother lawstudents.Theygaindirectexperienceswithforeignlegalsystemsand business practices.

ELSA‘s 300 university-based local groups and 42 national groups as well as the international board are entirely student-managed and administered. Similar to a small franchise, each group creates its own plan of operation in line with the overall goals of the association. Each group recruits and trains its volunteer executives and markets ELSA‘s programmes to the academic and business community. In combination withtheuniversitycurriculum,ELSApreparesitsmembersfortheirfuture entry into professional life, especially when working in an international environment.

ELSA has been increasing international understanding and cooperationbetweenlawstudentsandyounglawyerssinceitsfoundation.By developingculturalunderstandingandmanagementskillsofthestudents and by providing a select core of leadership potential to business, ELSA is a positive force for global development and understanding between young people with diverse national and cultural backgrounds.

ELSA is commited to:

■ Create opportunities for exposure and interaction between young people■ of different cultures and nations;

■ Complement the students‘ theoretical education with practical business■ experience;

29

■ Provide opportunities for law students and young lawyers to develop■ their management and teamwork skills in safe environment; ■ Make companies and students more conscious and responsive to the■ economic, social and environmental development in their

communities.

ELSA members are open-minded, internationally oriented/targeted andmultilingualandacquireabroaderculturalunderstandingthanother lawstudents.Theygaindirectexperienceswithforeignlegalsystemsand business practices through the wide range of activities and international cooperation of ELSA.

You can be an active member of The European Law Students’ Associationinvariousways.Youcanparticipateinawiderangeofevents that are organised on all three levels (local, national, international). You can also enhance your organisational skills by joining the organisation committee of an event, organised by local groups or national groups of ELSA, or the executive boards of the respective ELSA groups.

UNIT 3

There are many questionsQuestionssurroundingand Answersinternational law issues, and the answers are often difficult to find. Answer the following questions at first, and then read and discuss the answers.

InternationalWhat does internatlaw includesonal lawbothinclude?the customary rules and usages to which states have given express or tacit assent and the provisions of ratified treaties and conventions.

...Whatbelligerency,do s the termin “belligerency”internationalmeanlaw, instatusinternationof partiesl law? legally at war. Belligerency exists in a war between nations or in a civil war if the established government treats the insurgent force as if it were a sovereign power.

TheWhatInternationalis the InternationalCriminalCriminalCourt (ICC)Court?is a permanent international institution that prosecutes persons responsible for genocide, crimes

30