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

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mutual – взаимный интерес, совместные договоренности, обоюдное намерение, по взаимному согласию Сторон, в духе взаимопонимания, достичь взаимопонимания, взаимная выгода, взаимопомощь.

expediency – сознавать целесообразность, целесообразность более тесного сотрудничества между Сторонами, целесообразность в вопросах, представляющих взаимный интерес, политически целесообразный.

OVER TO YOU

Study Optional Protocol to the International Covenant on Civil and Political Rights in the Appendix. What type of document is this Protocol? What is it about? Give your comments of its compositional design. Give the written translation of the first three articles.

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LESSON 8

DECLARATIONS

Starting up

Analyze the following quotation. What declaration is mentioned in it?

“What makes the Universal Declaration an epochal document is first of all its global impetus and secondly the breadth of its claims, a commitment to a new social contract, binding on all the Governments of the world”.

John Charles Polanyi, born in 1929, a Canadian chemist who won a Nobel Prize.

Can you give a legal definition for the term “declaration”?

Exercise 1. Read the text and see whether you were right in your definition. Summarize the information of the text.

The term "declaration" usually denotes a treaty that declares existing law with or without modification, or creates new law. Not all declarations are to be regarded as treaties, as they do not create contractual obligations between two or more states.

Although sometimes declarations (i.e. legally binding agreements) are important international agreements in themselves, they are more often appended to a treaty or convention to form a subsidiary compact, or to place on record some understanding reached or some explanation given.

Ministers for Foreign Affairs, even heads of government or heads of state, now frequently meet to discuss policies and problems of common interest to their countries. These meetings lead to what is sometimes known under the traditional term of "Declaration" or "Communique".

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Legal experts are concerned about the obligatory value of these "declarations of intention" or "statements of policy and principles", the juridical character of which must still be defined. Normally, because of their designation as "Declaration" or "Communique", they are assumed to constitute statements of intention or policy rather than to constitute international commitments, such as are normally embodied in the customary form of an international agreement.

The title "Declaration" is also frequently given to agreements between governments regarding some minor matter which may or may not provide for ratification.

Exercise 2. Suggest the Russian equivalents.

Declaration

Universal Declaration of Human Rights, Declaration on the Enhancement of Cooperation, Declaration on the Elimination on All Forms of Racial Discrimination, a joint declaration, a declaration of war, a declaration of independence, a customs declaration, a political declaration, a solemn declaration, a declaration for (against), a declaration of the poll, Declaration on the Non Proliferation of Nuclear Weapons, Declaration on Principles of International Law, Declaration on the Peaceful Settlement of International Disputes, the Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations, the Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security, to sign a declaration.

Exerctse 3. Cover the text above and fill in the required prepositions.

1.Not all declarations are regarded ___ treaties, because they do not create contractual obligations ___ two or more states.

2.Declarations are more often appended ___ a treaty or convention to form a subsidiary compact, or to place ___

record some understanding reached.

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3.Ministers ___ Foreign Affairs, heads ___ government or heads ___ state frequently meet to discuss problems

___ common interest ___ their countries.

4.Legal experts are concerned ___ the obligatory value

___ these "declarations ___ intention" or "statements ___

policy and principles".

5.The title "Declaration" is frequently given ___ agreements ___ governments regarding some minor matter which may or may not provide ___ ratification.

Exercise 4. Answer these questions.

1.What does the term «declaration» denote?

2.Why are not all declarations regarded as treaties?

3.When is an international instrument to be regarded as legally binding?

4.What is the usual form of a declaration?

5.What do the meetings of Ministers for Foreign Affairs, heads of government or even heads of state lead to?

6.What are legal experts concerned about regarding "declarations of intention" or "statements of policy and principles"?

Exercise 5. Fill in the gaps with words from the box.

The international human rights ______ was strengthened when the United Nations _______ adopted of the

________ of Human Rights on 10 December 1948. Drafted as a common ______ of achievement for all peoples and nations', the Declaration for the _________ in human history ________basic civil, political, economic, social and cultural ________ that all human beings should

___________.

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Exercise 6. Read and translate the Preamble of the

Universal Declaration of Human Rights.

UNIVERSAL DECLARATION OF HUMAN RIGHTS Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people.

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

Whereas it is essential to promote the development of friendly relations between nations.

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom.

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms.

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge.

Now, therefore.