Материал: Гольцева О.Ю. Международное право в официальных документах. Под ред. И.А. Горшеневой

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tion goes further, in the sense that the dispute is submitted to the decision or award of an impartial third party, so that a binding settlement can be achieved. The same is true of judicial settlement (the method applied by the International Court of Justice), except that a court is subject to stricter rules than an arbitral tribunal, particularly in procedural matters.

The International Court of Justice acts as a world court. The Court has a dual jurisdiction: it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction).

Exercise 9. Cover the text above and fill in the appropriate prepositions.

1.The International Court of Justice was established ___

June 1945 ___ the Charter ___ the United Nations.

2.The seat ___ the Court is ___ the Peace Palace ___

The Hague.

3.The Court is composed ___ 15 judges, who are elected ___ terms ___ office ___ nine years ___ the United Nations General Assembly and the Security Council.

4.Article 33 ___ United Nations Charter lists methods

___ the pacific settlement ___ disputes ___ States.

5.The International Court ___ Justice acts ___ a world court.

6.The Court decides ___ accordance ___ international law, disputes ___ a legal nature that are submitted ___ it

___ States.

7.The Court gives advisory opinions ___ legal questions

___ the request ___ the organs ___ the United Nations.

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Exercise 10. Complete these sentences.

1.The International Court of Justice (ICJ) is _________.

2.A Registry is ________________________________.

3.The Court’s official languages are _______________.

4.The methods for the pacific settlement of disputes between States are ________________________________.

5.The Court has a dual jurisdiction that is __________.

Exercise 11. Match these legal terms to their definitions. Which of these ways of dispute resolution do you think are preferable in international relations and why?

1. mediation a) a discussion between two or more disputants who are trying to work out a solution to their problem.

2. negotiation b) systematic investigation of a matter of public interest.

3. enquiry c) this form of alternative dispute resolution aims to determine the conditions of any settlements reached — rather than accepting something imposed by a third party.

4. arbitration d) an alternative dispute resolution process whereby the parties to a dispute agree to utilize the services of a special person, who then meets with the parties separately in an attempt to resolve their differences. He does this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement. This method differs from arbitration in that its process has no legal standing.

5. conciliation e) a legal technique for the resolution of disputes outside the courts, wherein the

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parties to a dispute refer it to one or more persons , by whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

6.good f) a dispute is placed before an existing in- offices dependent court. The most important and

comprehensive of these courts is the ICJ.

7.resort to g) the first level of intervention or re- regional sponse mechanism to any regional conflict agencies or before referring to the Security Council. arrangements No enforcement action shall be undertaken by these organs without the specific

authorization of the UN Security Council.

8.judicial e) beneficial acts performed for another, settlement especially acts performed by a mediator in a dispute The UN Secretary General uses what is generally meaning his prestige and the weight of the world community he represents when he meets with world leaders, either publicly or privately, in an effort to prevent international disputes from developing, escalating, or spreading.

Exercise 12. Read the following text and find the

English equivalents for these word combinations.

покончить с безнаказанностью, достичь согласия, преступления против человечества, историческая веха, правовая основа, основать постоянный орган, в соответствии со статутом, на основании представления, странаучастник.

International Criminal Court

The International Criminal Court (ICC), governed by the

Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for

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the perpetrators of the most serious crimes of concern to the international community.

The ICC is an independent international organization, and is not part of the United Nations system. Its seat is in the Hague, the Netherlands.

In the 20th century the international community reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War. In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable.

However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed. On 17 July 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court. Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council.

Exercise 13. What crimes do you think these terms involve?

Exercise 14. Answer and debate these questions.

1.What were the reasons for establishing the International Criminal Court?

2.Why do you think it came into o existence only at the end of the twentieth century?

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3.What are the basic provisions of the Rome Statute?

What countries didn’t adopt it?

4.What do you know about the Nuremberg and Tokyo trials?

5.Could you give any examples of the recent International Criminal Court trials?

6.Will the role of this court be increasing in years to come? Give your reasons.

OVER TO YOU

Express your opinion in a short essay to cover the following issues. What do you think is the role of international organization in the modern world? Are these organisations efficient enough?