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al democracies, including Israel, India, the United States, take a flexible, eclectic approach, recognizing aspects of public international law as universal, regarding other aspects as arising from treaty or custom, and viewing certain aspects as not being subjects of public international law at all.
Democracies in the developing world, due to their past colonial histories, often insist on non-interference in their internal affairs, particularly regarding human rights standards or their peculiar institutions, but often strongly support international law at the bilateral and multilateral levels, such as in the United Nations, and especially regarding the use of force, disarmament obligations, and the terms of the UN Charter.
Most dictatorships have very low regard for any kind of international law, either in principle, or in practice, except when it comes to the international laws that protect their own thrones and sovereignties; indeed, most grave breaches of public international law are committed by dictatorships.
Exercise 11. Complete these sentences.
1.The conflict between international law and national sovereignty is subject to __________________________.
2.There is a growing trend toward ________________.
3.Certain political leaders feel that nation states are endangered by _________________________.
4.Some states maintain that sovereignty ___________.
5.The European democracies tend to support _______.
6.Democracies in the developing world often insist on __.
7.Most dictatorships have very low regard for _______.
Exercise 12. Fill in the chart.
Countries |
Standpoint |
|
on International law |
People's Republic of China
European Union
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the United States
the Russian Federation
Burma
Israel
India
Exercise 13. Answer and debate these questions.
1.Why is the conflict between international law and national sovereignty subject to debate?
2.Are there many views on International law? What are the most common ones?
3.What is your interpretation of International law? Give your reasons.
Exercise 14. Study the information below and debate this question.
Starting as a series of economic agreements between six nations in the 1950s, the European Community has provided many interesting cases in the development of international law.
In theory, each member state has agreed to be bound by EC decisions. So what happens when the laws of one country directly conflict with those of the Community?
A year before Britain joined the European Community in 1973, the respected judge Lord Denning suggested that membership would reduce the sovereignty (independent power) of the British parliament, but in 1979 he said that British courts would have to follow all British laws, even ones that conflicted with Community law.
Which law should be modified, when an internal law has conflicted with European law?
Exercise 15. Suggest the Russian equivalents.
to deepen the solidarity, to enhance further the democratic and efficient functioning, to achieve the strength-
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ening and the convergence of the economies, to establish an economic and monetary union, taking into account the principle of sustainable development, reinforcing the European identity and its independence, to facilitate the free movement of persons, the progressive framing of a common, to continue the process of creating an ever closer union.
Exercise 16. Read and translate the preamble to the treaty on the European Union.
Treaty on the European Union
HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENTOFTHE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OFTHE NETHERLANDS, THE PRESIDENTOFTHE PORTUGUESE REPUBLIC, HER MAJESTYTHE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Resolved to mark a new stage in the process of European integration undertaken with the establishment of the European Communities,
Recalling the historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe,
Confirming their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law,
Desiring to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,
Desiring to enhance further the democratic and effi-
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cient functioning of the institutions so as to enable them better to carry out, within a single institutional framework, the tasks entrusted to them,
Resolved to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union including, in accordance with the provisions of this Treaty, a single and stable currency,
Determined to promote economic and social progress for their peoples, within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields,
Resolved to establish a citizenship common to nationals of their countries,
Resolved to implement a common foreign and security policy including the eventual framing of a common defense policy, which might in time lead to a common policy defense, thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world,
Reaffirming their objective to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by including provisions on justice and home affairs in this Treaty,
Resolved to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizens in accordance with the principle of subsidiarity,
In view of further steps to be taken in order to advance European integration,
Have decided to establish a European Union and to this end have designated as their Plenipotentiaries:
……………………………………………………………………………………………
WHO, having exchanged their full powers, found in good and due form, have agreed as follows.
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*to designate as their Plenipotentiaries – назна-
чить своими полномочными представителями
Exercise 17. Complete these word partnerships using
the text of the Preamble. |
|
1. the process of |
a) inheritance |
2. convergence of |
b) integration |
3. humanist |
c) rights |
4. inviolable and inalienable |
d) principles |
5. attachment to |
e) policy |
6. to implement |
f) the economies |
7. to promote |
g) plenipotentiaries |
8. to designate as |
h) peace, security |
See the Appendix for the answers
Exercise 18. Complete these sentences with word partnerships from Exercise 17.
1.The State Parties to the Convention expressed their desire ________ in the world.
2.The European leaders are determined to encourage closer __________, further cooperation, economic stability and well-being in their countries.
3.The Prime Ministers reaffirmed the common
______________ of freedom, democracy, and equality.
4.The two Presidents discussed the whole range of mutual relations and ___________ to resume the dialogue on the agreed dates.
5.The High Contracting Parties expressed their determination ______ common foreign __________.
6.The cultural, religious and _____________ of this country is hard to assess.
7.During the negotiations the Heads of the Russian Federation and the Republic of Armenia reiterated their commitment to strengthen mutual cooperation between their nations and ________________.