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

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3.The liability of a legal person may be criminal, civil or administrative. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.

4.Nothing in paragraph 3 below should in any way prejudice the position of anу Member State on this question.

5.States Parties undertake to adopt effective measures with a view to combating prejudices which lead to racial discrimination.

6.Nothing in the present Declaration is to be construed as prejudicing in any manner the provisions of the Charter.

7.Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under article 2 before the effective date of denunciation.

Exercise 17. Read the text of the agreement below and answer these questions.

1.What is the Embassy informing about?

2.What is the agreement pursuant to?

AGREEMENT

in the form of an exchange of notes

(city), (date)

EMBASSY OF (name of country)

IN (city)

No. ___

The Embassy of … presents its compliments to the Ministry of Foreign Affairs of... and has the honour to inform it of the following:

Pursuant to the relevant provisions of the Final Act of the

Conference on Security and. Cooperation in Europe, the (British, etc.) authorities are prepared to grant on a reciprocal basis, as of 17 October 20_.one-year multiple entry and exit visas to ... journalists permanently accredited to the Government of ... and members of their families.

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The Embassy would regard a positive response from the Ministry as constituting an agreement between the two Parties in this matter.

The Embassy of ... takes this opportunity to renew to the Ministry of Foreign Affairs of ... the assurances of its highest consideration.

(signed)

MINISTRY OF FOREIGN AFFAIRS OF (name of country)

*on a reciprocal basis – на взаимной основе. Exercise 18. Translate this text using a dictionary.

International agreements without Senate approval

The Constitution of the United States recognizes a distinction between ''treaties'' and ''agreements'' or ''compacts'' but does not indicate what the difference is. Once a stepchild in the family in which treaties were the preferred offspring, the executive agreement has surpassed in number. During the first half-century of its independence, the United States was party to sixty treaties but to only twenty-seven published executive agreements. Most executive agreements entered into were authorized in advance by Congress by statute or by treaty provisions ratified by the Senate.

Perhaps the first formal authorization in advance of an executive agreement was enactment of a statute that permitted the Postmaster General to ''make arrangements with the Postmasters in any foreign country for the reciprocal receipt and delivery of letters and packets, through the post offices.'' Congress has also approved, usually by resolution, other executive agreements, such as the annexing of Texas and Hawaii, the acquisition of Samoa and the reciprocal arrangements between the United States and other countries for the securing of protection for patents, copyrights, and trademarks.

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In 1904-1905, Secretary of State John Hay negotiated a series of treaties providing for the general arbitration of international disputes. The Senate approved the British treaty having, however, first amended it by substituting the word ''treaty'' for ''agreement''.

The President's first important utilization of the executive agreement device took the form of an exchange of notes in 1933, with Maxim Litvinov, the USSR Commissar for Foreign Affairs, whereby American recognition was extended to the Soviet Union.

The most extensive delegation of authority ever made by Congress to the President to enter into executive agreements took place at a time when war appeared to be in the offing. The legislation referred to is the LendLease Act of 1941.The US entered into Mutual Aid Agreements whereby the Government furnished its allies in World War II forty billions of dollars worth of munitions of war and other supplies.

Article 43 of the United Nations Charter provides: '' All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.'' This time the Senate did not boggle over the word ''agreement''.

Negotiated pursuant to authorizations contained in treaties between the United States and foreign nations in the territory of which American troops are stationed, Status of Forces Agreements afford the United States a qualified privilege, which may be waived, of trying by court martial soldiers and their dependents charged with commission of offenses normally within the exclusive, criminal jurisdiction of the foreign signatory power.

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Many types of executive agreements comprise the ordinary daily grist of the diplomatic mill. Among these are those applying to minor territorial adjustments, boundary rectifications, and the regulation of fishing rights. Also, there are such time-honored diplomatic devices as the ''protocol'' which marks a stage in the negotiation of a treaty, and the modus vivendi, which is designed to serve as a temporary substitute for one. Executive agreements become of constitutional significance when they constitute a determinative factor of future foreign policy and hence of the country's destiny.

Post–war diplomacy of the United States was greatly influenced by the executive agreements entered into at Cairo, Teheran, Yalta, and Potsdam. For a period, the formal treaty – the signing of the United Nations Charter and the entry into the multinational defense pacts, like NATO, SEATO, and the like – reestablished itself, but soon the executive agreement again became the principal instrument of United States foreign policy.

*NATO – North Atlantic Treaty organization (an arrangement made between several European countries, the USA and Canada to give each other military help if necessary.

*SEATO – Southeast Asia Treaty organization, formed in 1954.

Exercise 19. Speak on these types of executive agreements.

a)Executive Agreements by Authorization of Congress

b)Reciprocal Trade Agreements

c)The Lend-Lease Act

d)Agreements under the United Nations Charter

e)Status of Forces Agreements

f)Executive Agreements on the Sole Constitutional Authority of the President.

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OVER TO YOU

Write an essay to answer these questions.

1.Does the Constitution of the United States indicate the difference between ''treaties'' and ''agreements'' or ''compacts''?

2.How were most executive agreements entered into authorized?

3.What was the most extensive delegation of authority ever made by Congress to the President to enter into executive agreements?

4.What are time-honored diplomatic devices?

5.What was post–war diplomacy of the United States influenced by?

6.What kind of agreement is the principal instrument of United States foreign policy?