- •ВВЕДЕНИЕ
- •UNIT 1. WHAT IS INTERNATIONAL LAW?
- •UNIT 2. TYPES OF INTERNATIONAL LAW
- •UNIT 3. SUBJECTS OF INTERNATIONAL LAW
- •UNIT 4. THE INTERNATIONAL LAW OF TREATIES
- •UNIT 1. INTERNATIONAL ORGANIZATIONS
- •UNIT 2. HUMAN RIGHTS
- •UNIT 3. DIPLOMATIC RELATIONS
- •UNIT 4. LEGAL SYSTEMS OF THE WORLD
- •ЗАКЛЮЧЕНИЕ
- •СПИСОК ИСПОЛЬЗОВАННЫХ ИСТОЧНИКОВ
UNIT 3. SUBJECTS OF INTERNATIONAL LAW
STARTING UP
1.What is a subject of international community?
2.Do you know any of them?
*A. Match the terms with the Russian equivalents given in the table and say what subjects are primary ones:
1. |
Subjects of international law |
a) юридическое лицо |
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2. |
A state |
b) национальное |
освободи- |
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тельное движение |
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3. |
An insurgent |
c) гражданин, |
физическое |
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лицо |
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4. |
A legal entity |
d) международная органи- |
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зация |
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5. |
An international organization |
e) государство |
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6. |
National liberation movement |
f) субъекты международ- |
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ного права |
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7. |
An individual |
g) повстанец, |
восставшая |
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сторона |
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READING
*A. Read the text and focus on the differences between subjects of international law:
National systems involve several legal subjects such as citizens, foreign people living in the state, corporate bodies and state institutions (if they are endowed with legal personality). The primary subjects in national legal systems are individuals. However, the primary subjects of the international community are states, but not individuals. They represent entities which control territory, deal with lawmaking and play executive
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functions. Other subjects control the territory for a limited period of time. As for states, they have full legal capacity, so they are vested with rights, powers, and obligations. Nowadays there are 200 states. Despite the fact that all states are equal, some of them have strong economic and military systems and thus they hold authority in the international community.
Another type of international subjects is called insurgents. They always oppose to the state where they live. It is difficult for the international community to accept them as they use force. So their existence is provisional: they can win and becomelegal states or lose and disappear.
States and insurgents are considered to be conventional subjects of the international community as they have been on the international scene since its inception. In the 20th century and after the World War II other actorsappeared on the international arena, namely, international organizations, national liberation movements and individuals. Theiremergence is a peculiar feature of modern international law.
All international subjects have a limited capacity in the sphere of international rights and obligations. There are also restrictions on their acts connected with putting into effect their rights and powers or enforcing their rights.
*B. Answer the following questions:
1.Can individuals be considered to be the primary subjects of national legal systems?
2.What can you say about primary subjects of any international community?
3.What do states exercise?
4.States are the backbone of the community, aren’t they?
5.What do insurgents do?
6.Are there any restrictions for other international subjects?
VOCABULARY
*A. Look at the underlined words and match them with the Russian equivalents:
1. |
To endow |
a) появление |
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2. |
Lawmaking |
b) быть наделённым полномочиями |
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3. |
Executive |
c) начало срока действия |
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4. |
Legal capacity |
d) исполнительный |
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5. |
To be vested with (in) |
e) облекать полномочиями, предостав- |
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лять |
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6. |
Provisional |
f) правоспособность, |
правосубъект- |
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ность |
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7. |
Inception |
g) издание законов, правотворчество |
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8. |
Emergence |
h) временный |
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**B. Fill in the gaps using the words from the table and making changes if necessary:
1.The constitution of the country was, in its______, a desperate effort to struggle for a national existence.
2.The initiatives in _______ lay with the Congress that tried to do its best to keep peace in the country.
3.The control of this institution is _______ in a board of regents, chosen by popular vote.
4.This measure focuses on all three branches of the government –
______, legislative, and judicial.
5.The government may impose restrictions on the passive ________
or active ________of persons of countries.
6.They were discussing the opportunity of creating a __________
coalition government.
*C. Find these words and phrases in the text:
1)вовлекать субъекты права
2)международное сообщество
3)ограниченный период времени
4)несмотря на тот факт, что
5)противостоять государству
6)использовать силу
7)традиционный
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8)появиться на международной арене
9)национальное освободительное движение
10)ограниченные полномочия
***D. Translate the sentences from Russian into English:
1.Вы можете назвать исполнительные органы свой страны?
2.Когда этой организации предоставили такие полномочия?
3.Эти субъекты права противостоят государству.
4.Издание законов – сложный процесс.
5.Национальное освободительное движение этой страны добилось независимости в прошлом году.
6.У этого субъекта права ограниченные полномочия, не так ли?
ORAL PRACTICE
Hedges in speech
Hedges can help the speaker to avoid situations when he can sound impolite or be wrong, etc.
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...Generally speaking |
...To be honest |
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If I may say so... |
Sorry to interrupt but... |
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Personally..... |
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think |
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Correct me if I am |
I believe / I feel... |
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wrong... |
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you |
know what |
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I mean |
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E.g. – Strictly speaking, I am not good at negotiating with foreign partners and acting as a lawyer but I think that one-month internship in your company will be quite useful.
– Correct me if I am wrong, but you had some kind of internship in an international company in London last year, didn’t you?
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**A. Work in pairs. Take turns to react to the following statements. Use hedges in your speech.
1.Acting as a lawyer for an international company is a difficult job.
2.International law is the sphere you specialize in.
3.Criminal law is much more interesting than international law.
4.If you want to deal with international law, you must learn foreign languages.
5.International law covers many aspects of people’s lives.
6.You know everything about the subjects of international law.
7.The UN is one of the most influential international organizations.
8.Provisional governments always make countries descend into chaos.
**B. Use statements of your own to make your partner react to them. Pay attention to the use of hedges.
READING
***A. Read another extract from Conan Doyle’s story “The sign of four”
Well, really, this is a very pretty little mystery! What do you intend to do, Miss Morstan?”
“That is exactly what I want to ask you.”
“Then we shall most certainly go – you and I and – yes, why Dr. Watson is the very man. Your correspondent says two friends. He and I have worked together before.”
“But would he come?” she asked with something appealing in her voice and expression.
“I shall be proud and happy,” said I fervently, “if I can be of any service.”
“You are both very kind,” she answered. “I have led a retired life and have no friends whom I could appeal to. If I am here at six it will do, I suppose?”
“You must not be later,” said Holmes. “There is one other point, however. Is this handwriting the same as that upon the pearl-box addresses?”
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“I have them here,” she answered, producing half a dozen pieces of paper.
“You are certainly a model client. You have the correct intuition. Let us see, now.” He spread out the papers upon the table and gave little darting glances from one to the other. “They are disguised hands, except the letter,” he said presently; “but there can be no question as to the authorship. See how the irrepressible Greek e will break out, and see the twirl of the final s. They are undoubtedly by the same person. I should not like to suggest false hopes, Miss Morstan, but is there any resemblance between this hand and that of your father?”
“Nothing could be more unlike.”
“I expected to hear you say so. We shall look out for you, then, at six. Pray allow me to keep the papers. I may look into the matter before then. It is only half-past three. Au revoir then.”
“Au revoir,” said our visitor; and with a bright, kindly glance from one to the other of us, she replaced her pearl-box in her bosom and hurried away.
Standing at the window, I watched her walking briskly down the street until the gray turban and white feather were but a speck in the sombre crowd.
“What a very attractive woman!” I exclaimed, turning to my companion.
He had lit his pipe again and was leaning back with drooping eyelids. “Is she?” he said languidly; “I did not observe.”
“You really are an automaton – a calculating machine,” I cried. “There is something positively inhuman in you at times.”
He smiled gently.
“It is of the first importance,” he cried, “not to allow your judgment to be biased by personal qualities. A client is to me a mere unit, a factor in a problem. The emotional qualities are antagonistic to clear reasoning. I assure you that the most winning woman I ever knew was hanged for poisoning three little children for their insurance-money, and the most repellent man of my acquaintance is a philanthropist who has spent nearly a quarter of a million upon the London poor.”
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“In this case, however –”
“I never make exceptions. An exception disproves the rule. Have you ever had occasion to study character in handwriting? What do you make of this fellow’s scribble?”
“It is legible and regular,” I answered. “A man of business habits and some force of character.”
Holmes shook his head.
***B. Answer the following questions:
1.Why did Mr. Holmes and Dr. Watson decide to go to the meeting?
2.Was the handwriting in the letter the same as that upon the pearl-box addresses?
3.What conclusion about the handwriting did Mr. Holmes make?
4.Did Dr. Watson like the woman?
5.Did Mr. Holmes share this opinion? Why /why not?
6.Do you agree with Mr. Holmes’ opinion?
***C. Translate the following collocations into Russian:
1.Тот самый мужчина.
2.Быть к чьим-то услугам.
3.Обращаться к.
4.Быстрые взгляды.
5.Изменённый почерк.
6.Опускающиеся веки.
7.Находиться под влиянием личностных качеств.
8.Исключение опровергает правило.
***D. Role-play the above described situation with your partner.
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