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UNIT 2. TYPES OF INTERNATIONAL LAW

STARTING UP

1.Can you name any types of international law?

2.What do they depend on?

*A. Match these words and collocations in English with their equivalents in Russian:

public international law

международное частное

 

право

supranational law

международное публичное

 

 

право

юридическое лицо

private international law

intergovernmental organization

коллизионное право

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legal entity

наднациональное право

межправительственная

 

организация

conflict of laws

*B. Match the words with their definitions:

1.

Legal

a) relating to or involving more than one

 

 

country

 

 

 

 

 

 

 

 

 

2.

Private

b) involving

governments

of

different

 

 

countries

 

 

 

 

 

 

 

 

 

3.

Supranational

c) controlled

or owned

by

individual

 

 

people or companies rather than by

 

 

government

 

 

 

 

 

 

 

4.

An entity

d) a disagreement between

people or

 

 

countries

 

 

 

 

 

 

 

5.

Intergovernmental

e) related to the law or lawyers

 

 

 

 

6.

A conflict

f) a separate unit that is complete and has

 

 

its own character

 

 

 

 

 

 

 

 

READING

*A. Read the text and say what types of international law are discussed:

When discussing the laws that govern the activities between nations, there are three types of international law that can be distinguished: public international law, private international law, and supranational law.

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Public International Law

Public international law is one example of international law, and it deals with those nations and persons that may be affected by those particular laws. Aspects of public international law concern:

Customary public international law, which involves regular state practices that rely on opinion juris, which is the belief that an action is carried out because of a legal obligation to do so.

Globally accepted standards that govern behavior.

Legal codes that are written into agreements referred to as

treaties.

International institutions and intergovernmental organizations whose members are states have become a principal vehicle for making, applying, implementing and enforcing public international law, especially since the end of World War II.

Private International Law

Private international law is different from public international law in that it governs private conflicts between individuals or legal entities, rather than between the states. Private international law determines the jurisdiction that has authority to hear a legal dispute, and which jurisdiction laws should be applied to the situation. Private international law is sometimes referred to as conflict of laws. Conflict of laws can also refer to conflicts between states in a federal system, such as the USA.

Corporations in particular are commonly involved in private international law disputes because they frequently transfer their capital and supplies across international borders. The more business that is carried out between nations, the more likely a dispute will arise.

For instance, if Company A operates in both the U.S. and Canada, and a legal dispute arises, then private international law will determine which country has jurisdiction over the dispute and, consequently, which laws should be taken into account when arguing the facts of the case. This will help the company to understand if its Canada branch or its U.S. branch should be involved in arguing the case.

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Supranational Law

Supranational law refers to the situation wherein nations surrender to the court their right to make certain judicial decisions. The decisions made by a court appointed by supranational law take priority over the decisions that are made by national courts. An example of international law that follows the rules of supranational law is that which is represented by the European Union (“EU”), an organization that deals in international treaties and that uses a supranational legal system. The European Court of Justice rules over all of the courts within the member states of the EU in accordance with European Union law.

International Criminal Law

International criminal law is a subsect of public international law that works to punish those who commit crimes of a more severe nature that often attack large groups of people. Examples of crimes that would be handled by international criminal law include:

Genocide

Crimes against humanity

War crimes

Crime of Aggression (a specific crime wherein someone plans, begins, or carries out an act of aggression through the use of state military force and that violates the Charter of the United Nations).

To understand international criminal law, it is first important to understand its components. First, international law rules over the relationships between and responsibilities of interacting countries. Next, criminal law establishes what is and is not considered a crime, and then sets up respective punishments for those crimes. International criminal law combines the two by having international law at its core, which dictates the rules, and consequences akin to those that would be suffered by those responsible for committing serious crimes.

(From Legaldictionary.net)

*B. Answer the following questions:

1.What does public international law deal with?

2.Private international law determines the jurisdiction that has authority to hear a legal dispute, doesn’t it?

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3.Which organizations are usually involved in private international law disputes?

4.How can you explain the term ‘supranational law’?

5.What does international criminal law include?

VOCABULARY

*A. Look at the underlined words and match them with the Russian equivalents:

1.

To deal with

a) выполнять

 

 

 

2.

To rely on

b) вовлекать

 

 

 

3.

An agreement

c) двигатель

 

 

 

4.

A vehicle

d) иметь дело с

 

 

 

5.

To implement

e) соглашение

 

 

 

6.

To enforce

f) относить, ссылаться, иметь отношение

 

 

 

7.

To refer to

g) полагаться на

 

 

 

8.

To involve

h) исполнять, вводить в действие

 

 

 

**B. Fill in the gaps using the words from the table and making changes if necessary:

1.He did not know how to _____with the insurance company in case the seller is its owner.

2.“The companies concluded an _______ based on several essential conditions”, she replied.

3.She mostly ______ to ancient culture in her book because she is interested in it.

4.My friend can say that he has never ____on the protection of the his employer.

5.Military service is considered to be obligatory in accordance with law but the government of the country couldn’t ______ it.

6.It is difficult to ________ third parties into the process as it is forbidden by law.

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7.Do you know any __________ of international economy?

8.This law was _________ last year and became unpopular from the very beginning.

**C. There are some words in the text that have prefixes such as inter (intergovernmental), or supra (supranational). Match the following prefixes with their meaning in Russian:

1.

Inter

a) мульти (много)

 

 

 

2.

Supra

b) би (два)

 

 

 

3.

Non

c) не

 

 

 

4.

Multi

d) между, среди

 

 

 

5.

Trans

e) внутри

 

 

 

6.

Bi

f) транс

 

 

 

7.

Intra

g) над, сверх

 

 

 

8.

Super

h) меж

 

 

 

**D. Match the adjectives with the nouns:

1.

Bilingual

a) organization

 

 

 

2.

Intradepartmental

b) correspondence

 

 

 

3.

International

c) agreement

 

 

 

4.

Multinational

d) flight

 

 

 

5.

Nonessential

e) nation

 

 

 

6.

Supranatural

f) corporation

 

 

 

7.

Superhuman

g) phenomenon

 

 

 

8.

Transcontinental

h) ability

 

 

 

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***E. Fill in the gaps with the following words:

supranational, bilingual, multinational, nonessential, international, superhuman

1._______ _ people usually speak two languages fluently.

2.This organization is considered to be __________ as it controls several states.

3.They thought that the jurisdiction of the country was

_____________ in such matters.

4.All people living in the province were sure that their leader had

_________ abilities and therefore obeyed him in everything.

5.Do you know any _________ countries? I mean those countries where representatives of many nations live.

6.Our ___________ relations were established many years ago.

***F. Translate the sentences from Russian into English:

1.Международные организации играют ключевую роль в международных отношениях между странами.

2.Что ты знаешь об ООН?

3. Международные игроки решают глобальные проблемы

спомощью переговоров.

4.Отношения между этими странами были установлены давно.

5.Многонациональные компании достаточно популярны сего-

дня.

6. Этот вопрос не настолько существенен для рассмотрения на нашей встрече.

ORAL PRACTICE

Using fillers

Fillers are used to fill in pauses in speech and give the speaker time to think.

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FORMAL

NEUTRAL

INFORMAL

 

 

 

Sort of....

 

So to speak

Actually,

 

If I may....

Well,

Like....

 

 

In a sense,

Er...

 

 

I mean

 

 

 

You know

 

 

 

 

 

E.g. – Do you think we should organize a party for our foreign partners tomorrow?

Well, I am not really sure. I mean if it is a surprise party we may find they have planned something else for the day.

**A. Work in pairs. Take turns to ask and answer the following questions. Use fillers in your speech.

1.What can you say about the language of diplomacy at the present moment?

2.Do you think it is necessary to make amendments into the constitution of our country?

3.The UK will always be the kingdom, won’t it?

4.So, the problem of unemployment hasn’t been solved yet, has it?

5.Didn’t you know about that new pension reform in our country?

6.Shouldn’t you work harder to become a good lawyer?

7.Is Russia a leading international actor?

8.What do you think about the present position of Russia in the

world?

**B. Ask each other some questions of your own and answer them paying attention to the use of fillers.

READING

***A. Read another extract from Conan Doyle’s story “The sign of four”:

I waited all day without news of him. That night, on the advice of the manager of the hotel, I communicated with the police, and next morning we

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advertised in all the papers. Our inquiries led to no result; and from that day to this no word has ever been heard of my unfortunate father. He came home with his heart full of hope to find some peace, some comfort, and instead –”

She put her hand to her throat, and a choking sob cut short the sentence.

“The date?” asked Holmes, opening his notebook.

“He disappeared upon the third of December, 1878 – nearly ten years ago.”

“His luggage?”

“Remained at the hotel. There was nothing in it to suggest a clue – some clothes, some books, and a considerable number of curiosities from the Andaman Islands. He had been one of the officers in charge of the convict-guard there.”

“Had he any friends in town?”

“Only one that we know of – Major Sholto, of his own regiment, the Thirty-fourth Bombay Infantry. The major had retired some little time before and lived at Upper Norwood. We communicated with him, of course, but he did not even know that his brother officer was in England.”

“A singular case,” remarked Holmes.

“I have not yet described to you the most singular part. About six years ago – to be exact, upon the fourth of May, 1882 – an advertisement appeared in the Times asking for the address of Miss Mary Morstan, and stating that it would be to her advantage to come forward. There was no name or address appended. I had at that time just entered the family of Mrs. Cecil Forrester in the capacity of governess. By her advice I published my address in the advertisement column. The same day there arrived through the post a small cardboard box addressed to me, which I found to contain a very large and lustrous pearl. No word of writing was enclosed. Since then every year upon the same date there has always appeared a similar box, containing a similar pearl, without any clue as to the sender. They have been pronounced by an expert to be of a rare variety and of considerable value. You can see for yourself that they are very handsome.”

She opened a flat box as she spoke and showed me six of the finest pearls that I had ever seen.

“Your statement is most interesting,” said Sherlock Holmes. “Has anything else occurred to you?”

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“Yes, and no later than to-day. That is why I have come to you. This morning I received this letter, which you will perhaps read for yourself.”

“Thank you,” said Holmes. “The envelope, too, please. Post-mark, London, S. W. Date, July 7. Hum! Man’s thumbmark on corner – probably postman. Best quality paper. Envelopes at sixpence a packet.Particular man in his stationery. No address.

“Be at the third pillar from the left outside the Lyceum Theatre to-night at seven o’clock. If you are distrustful bring two friends. You are a wronged woman and shall have justice. Do not bring police. If you do, all will be in vain. Your unknown friend”.

***B. Answer the following questions:

1.When did Miss Morstan’s father disappear?

2.Has she ever heard about him since that time?

3.Can you say anything about her father’s friends?

4.What happened on May 4, 1882?

5.Did Miss Morstan receive any parcels?

6.What was written in the letter she received on the day of her visit to Mr. Holmes?

***C. Translate the following collocations into Russian:

1.Оборвать предложение.

2.Предложить подсказку.

3.Значительное количество занятных вещиц.

4.Пойдёт на пользу.

5.Должность гувернантки.

6.Редкая разновидность.

7.Отпечаток большого пальца мужчины.

8.Всё было напрасно.

***D. Role-play the above described situation with your partner.

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