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

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8.What areas are not under the exclusive control of any one nation?

9.Does International law grow fast enough?

10.Why is law called the "necessary evil"?

Exercise 16. Are you for or against the existence of the global government? Fill in the chart. Discuss this idea with other students.

GLOBAL GOVERNMENT

OVER TO YOU

1.What do you think is the future of international law? Do you believe it is going to expand? Give your reasons.

2.Write an essay to cover the following topic.

“The security of which we speak is to be attained by the development of international law through an international organization based on the principles of law and justice”.

Ludwig Quidde (1858 – 1941), a German pacifist, Nobel Peace Prize laureate.

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LESSON 2

OBJECTS, SUBJECTS AND SOURCES

OF INTERNATIONAL LAW

Starting up

Analyze the following quotation. Do you agree with the point of view of J. William Fulbright?

“Insofar as international law is observed, it provides us with stability and order and with means of predicting the behavior of those with whom we have reciprocal legal obligations”.

William Fulbright, (1905 – 1995), a US Senator.

Before you read, try to give the definitions of the following terms.

Exercise 1. Read the text and check whether your definitions were correct.

The Objects of International Law

In general the objects of the principles of international law are the various independent nations or states of the world. Individuals are concerned, in general, only in relation to their status as citizens of some particular country.

The Subjects of International Law

From the Peace of Westphalia (1648) till the creation of the

United Nations system, it was considered that the 'State' was the sole subject of international law: international law was only applied between States. States, as the subjects of international law had international personality which meant that they had the right to have their claims respected internationally.

The International Court of Justice, in its 1949 Reparations of Injuries Advisory Opinion, confirmed that other en-

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tities could be subjects of international law. Though it made plain that while sovereign States possess all the international rights and duties, that other entities such as Intergovernmental Organizations, as well as the Individual, and Multinational Corporations, might possess rights and duties which States would ascribe to them.

1. The State

Reference is ordinarily made to Article 1 of the 1933 Montevideo Convention on the Rights and Duties of States as being indicative of the criteria required to be established as a State in international law. The state as a person of international law should possess the following qualifications:

a permanent population;

a defined territory;

government; and

capacity to enter into relations with the other states.

2. Intergovernmental Organizations

Intergovernmental Organizations are entities that are constituted by States, have States as their members and are based on a constitutive treaty. In the 1949 Reparations of Injuries case, the International Court of Justice recognized that the United Nations (like other IGOs) has 'functional personality'; that is legal personality to the extent required to carry out the tasks which States have assigned to it.

3. The Individual

As a subject of international law, the individual has both rights and obligations. Rights are manifested in International Human Rights Law, while obligations are generally encompassed within International Criminal Law.

Sources of International Law

Public international law has three primary sources: international treaties, custom, and general principles of law. (Art. 38 of the Statute of the International Court of Justice) International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties.

Exercise 2. Read the text again and say whether these statements are true or false. Correct the wrong ones.

1.The objects of international law are the independent nations or states of the world as well as individuals.

2.Public international law has international treaties as its primary source.

3.International treaty law comprises obligations states voluntarily accept.

4.The 'State' is the sole subject of international law; international law is only applied between States.

5.Intergovernmental Organizations, as well as the Individual, and Multinational Corporations, might possess rights and duties which States would ascribe to them.

6.The state as a person of international law should possess three qualifications.

7.As a subject of international law, the individual has both rights and obligations.

Exercise 3. Answer these questions.

1.Are Individuals the objects of international law?

2.When it was confirmed that other entities besides sovereign States could be subjects of international law?

3.What entities might possess international rights and duties?

4.What are the criteria required to be established as a State in international law?

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5.When and how was the United Nations’' functional personality recognized?

6.Where are rights and obligations of the individual encompassed?

7.What are the three primary sources of Public international law?

Exercise 4. Study the plural forms of nouns borrowed from other languages (mostly Latin). Mind that some of them have two plurals (English and foreign).

Note: The word "agenda" is now usually treated as a singular noun meaning "a list of items for consideration"; in this sense "agendas" as a plural form is permissible.

Exercise 5. Translate into English paying attention to the plurals.

1) в соответствии с требуемыми критериями 2) распространять данные 3) провести национальные референдумы 4) демографические явления 5) поощрять ис-