Билет 1.

1. Понятие «международный договор». Венская конвенция о праве международных договоров. Способы выражения согласия на обязательность выполнения международного договора (подписание, обмен документами, ратификация, присоединение).

Treaty –interna­tional agreement (conventions, pacts, covenants, charters or protocols – no legal significance of the designation) concluded between States in writ­ten form, governed by international law

• International law of treaties has been codi­fied to a large extent in The Vienna Convention on the Law of Treaties (1969) (entered into force in 1985) – scope of conv. is limited-only treaties between states

Consent to be bound:

• signature

• exchange of instruments constituting treaty

• usually binding upon ratification

• ratification – act whereby a state, through its head of state, foreign minister, or duly authorized diplomatic agent, declares that it considers itself bound by the treaty, declaration contained in instr of rat

• instrument of ratification – either exchanged or deposited with the designated depository state, which performs custodial functions

• acceptance

• approval

• accession - by depositing an instrument of accession

Termination, withdrawal, suspension:

• in conformity with the provisions(условия) by consent of all parties

2. Совместные предприятия, слияния, поглощения. Преимущества слияния компаний.

All companies need to introduce new products and services. There are some ways to do it.

1. develop it themselves

2. buy another smaller company with successful products

3. merge with the same company.

Joint venture. Companies agree to collaborate and jointly invest in а business project (allows to combine strengths in оnе specific аrеa) – they remain 2 different companies.

Merger – fusion of corporations in one industry by transfer of all property to a single corporation.

Acquisition оr takeover. A соmраnу accumulates enough of another company's shares to gain control and ownership.

Reasons for taking over or combining:

- reinforcing your company's position

- reducing competition

- diversifying production

- rationalizing the use of a plant or invested capital

- optimizing products or markets

- searching for synergy (the belief that together the companies will produce more than the sum of the two separate parts)

A company that wants to grow can:

- launch a raid (buy a large quantity of another company's shares on the stock exchange)

- make a takeover bid – a public offer to a company's shareholders to buy their shares, at a particular price during a particular period (a friendly takeover has a consent of the directors of the company/hostile-undertaken against the wishes of the board of directors;

Defences against this -1) poison pill: - change the voting structure of the company

- change board of directors

- spend all the company’s cash reserves

2) white knight – to find another buyer whom they prefer

Problems for successful mergers:

- Corporative egos of companies’ CEO’s (sometimes psycho-pathological and even paranoid)

- Difficult to agree on details (headquarters, new company name, etc)

- Unwillingness to compromise

- Poor implementation, especially underestimating the problem of different cultures

Билет 2.

1. Функции дипломатического представительства. Понятия: агреман, persona non grata, верительные грамоты, отзывные грамоты.

Diplomatic law - ancient roots, today comprises a large developed body of law, from a variety of sources.

functions of diplomatic missions:

• to represent the sending State

• to protect the interests of the sending State and its nationals

• to negotiate with the government of the receiving State

• to ascertain and report the conditions and developments within the receiving State

• to promote friendly relations and develop them in economic, cultural and scientific fields

Agrément – the prior consent of the receiving State for the appointment of the head of mission. The receiving State is not obliged to give reasons to the sending State for a refusal of agrément.

The receiving State is at any time entitled to inform the sending State that the head of mission or any other member of a mission is persona non grata(or unacceptable) without giving any reasons for doing so.

Letters of credence:

• official document

• new head of mission should be provided with

• proves the diplomatic character of the mission and diplomatic representative

• signed by the Head of State, countersigned by Minister for Foreign Affairs

• must be opened by the Head of State at the time of presentation

• placed in an envelope sealed with wax

• traditionally ornate in style

Letters of recall: official document sent to the Head of the receiving State to recall the Head of Mission from his post.