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

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the treaty. Minor corrections to a treaty may be adopted by a procès-verbal; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e. where the text adopted does not correctly reflect the intention of the parties adopting it.

Execution and implementation

Treaties may be seen as 'self-executing', in that merely becoming a party puts the treaty and all of its obligations in action. Other treaties may be non-self-executing and require 'implementing legislation' – a change in the domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes.

The division between the two is often not clear and is often politicized in disagreements within a government over a treaty, as a non-self-executing treaty cannot be acted upon without the proper change in domestic law.

Exercise 8. Find in the text above the English equivalents for these word combinations.

Предупреждение о необходимости рассмотрения вопроса до заключения соглашения, оговорка, одностороннее заявление, иметь целью исключить, во время ратификации договора, неприемлемый, более терпимое правило, иметь выбор, внести поправки (не)официально, высказывать, новое толкование, мелкие исправления договора, исправлять очевидные ошибки, должным образом отражать намерения сторон, реализация договора, политизировать.

Exercise 9. Translate these word combinations using the appropriate forms of the word in bold type.

amendment – редакционная поправка, проект поправки, внести поправку, принять поправку, одобрить поправку, утвердить поправку, ратифицировать поправку, отклонить поправку, внести поправки в договор.

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reservation – сохранить за собой право, сделать оговорку, неприемлемые оговорки, страны, оставляющие за собой право, добавить оговорку, резервировать для внесения изменений.

Exercise 10. Match these words with their synonyms.

Exercise 11. Complete these sentences.

1.Reservations are ___________________________.

2.Reservations must be included ________________.

3.When a state limits its treaty obligations through reservations, other states party to that treaty have the option _______________________________________.

4.Formal amendment requires States parties to the treaty ________________________________________.

5.Treaties can be amended informally by the treaty executive council when __________________________.

6.A change in customary international law can _____.

7.A procès-verbal is __________________________.

8.Treaties may be seen as ________ and _________.

Exercise 12. Read this text and answer these questions.

1.Why does the language of the treaties must be interpreted?

2.What is called an 'authentic interpretation'?

3.Who resolves disputes over treaty interpretations?

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Interpretation

The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted

“in good faith” according to the “ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose.” International legal experts also often invoke the 'principle of maximum effectiveness,' which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties.

No one party to a treaty can impose its particular interpretation of the treaty upon the other parties. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding an additional clause to the treaty – this is commonly called an 'authentic interpretation'.

International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish the meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself.

One significant part of treaty making is that signing a treaty implies recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law. Hence, nations can be very careful about terming an agreement to be a treaty. For example, within the United States agreements between states are compacts and agreements between states and the federal government or between agencies of the government are memoranda of understanding.

Another situation can occur when one party wishes to create an obligation under international law, but the other party does not. This factor has been at work with respect to discussions between North Korea and the United States over security guarantees and nuclear proliferation.

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Exercise 13. Say whether these statements are true or false. Correct the wrong ones.

1.The language of treaties must never be interpreted.

2.The 'principle of maximum effectiveness' interprets treaty language as having the fullest force and effect possible to establish obligations between the parties.

3.Each party to a treaty can impose its particular interpretation of the treaty upon the other parties.

4.An 'authentic interpretation' is the consent by all parties to the treaty to a particular interpretation.

5.The UN experts are often called upon to resolve substantial disputes over treaty interpretations.

6.To establish the meaning in context, international tribunals and arbiters review the preparatory work from the negotiation and drafting of the treaty as well as the signed treaty itself.

7.Signing a treaty implies recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law.

8.Nations are not very careful about terming an agreement to be a treaty.

Exercise 14. Translate into English.

1. договор о дружбе и взаимопомощи; 2. бессрочный договор; 3. договор о взаимной безопасности; 4. договор об ограниченнии стратегических наступательных вооружений; 5. договор о нераспространении ядерного оружия; 6. договор об установлении границ; 7. договор о ненападении; 8. вступление договора в силу; 9. неравноправный договор; 10. нарушить договор; 11. придерживаться договора; 12. парафировать договор; 13. выйти из договора; 14. продлить действие договора.

Exercise 15. Complete this text with words from the box in appropriate form.

to follow to outweigh to be registered with applied to prevent

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Role of the United Nations

The United Nations Charter states that treaties must

________ the UN to be invoked before it or enforced in its judiciary organ, the International Court of Justice. This was done ________ the proliferation of secret treaties that occurred in the 19th and 20th century. The Charter also states that its members' obligations under it _________

any competing obligations under other treaties.

After their adoption, treaties as well as their amendments have _________ the official legal procedures of the United Nations, as __________ by the Office of Legal Affairs, including signature, ratification and entry into force.

Exercise 16. Answer these questions.

1.Why must treaties be registered with the UN?

2.Do obligations under the UN Charter outweigh any obligations under other treaties?

3.What legal procedures applied by the Office of Legal Affairs do treaties follow?

Exercise 17. Read this text and answer these questions.

1.What is the legal sense of the term "treaty" in the US?

2.How can the President of the United States validly ratify a treaty?

In the United States, the term "treaty" has a different, more restricted legal sense than exists in international law. U.S. law distinguishes what it calls treaties from treaty executive agreements, congressional executive agreements, and sole executive agreements. All four classes are equally treaties under international law; they are distinct only from the perspective of internal American law. The distinctions are primarily concerning their method of ratification. Whereas treaties require advice and consent by two thirds of the Senate, sole executive agreements may be executed by the President acting alone. Some treaties grant the