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MAIN PRINCIPLES OF INTERNATIONAL LAW

 

I. LEAD-IN. BRAINSTORMING SECTION:

I. Answer the questions:

1. How can the term “principle” be defined?

2. What is the difference between legal rules (norms) and principles (if any)?

3. What are the general principles of law?

II. Comment on the following:

The peace guaranteed by the law is not a state of complete absence of force, a state of anarchy. It is the state of a force monopoly, namely the force monopoly of the legal community (Principles of International Law by H. Kelsen).

 

II. READING:

MAIN PRINCIPLES OF INTERNATIONAL LAW

International law is a system insofar as it is bound together by the application of a limited set of formal sources and of instruments to apply them, such as rules of interpretation, as well as a few basic principles such as pacta sunt servanda.

Main principles of international law, occupying a special place in the system of international rules are the most important, common and indigenous rules of international law. They have the supreme legal force (are mandatory norms of jus cogens, i.e. cannot be changed by agreement of subjects of international law), and therefore have a universal scope of action. Basic principles of international law should not be seen separately, and in view of their interdependence, complex character.

1. Principle of sovereign equality of states:

This principle received its consolidation in Paragraph 1 Article 2 of the UN Charter, the Declaration on Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe. States are obliged to respect the sovereign equality and uniqueness of each other, and all rights inherent in state sovereignty, in particular the right of every state to juridical equality, the territorial integrity, to freedom and political independence.

2. Principle of prohibition of threat or use of force:

This principle got its commitment in Paragraph 4 of Article 2 of the UN Charter, the Declaration on Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe. States must refrain from the use of force (or threat of force) in international relations, for purposes incompatible with the UN Charter. Only two grounds for the lawful use of force in international relations under the UN Charter are known:

-by decision of the UN Security Council to maintain or restore international peace and security (Article 42 of the UN Charter);

-the right of states to individual or collective self-defense if the state was subjected to armed attack, with immediate notification of the UN Security Council (Article 51 of the UN Charter).

3. Principles of territorial integrity and inviolability of borders:

These principles are enshrined, in particular, in the Final Act of the Conference on Security and Cooperation in Europe, derived from the generally recognized principles of sovereign equality of States, use of force (threat) in international relations. States must refrain from any claims or actions aimed at seizing and usurpation of part or all of the territory of another state.



5. Principle of peaceful settlement of disputes:

Peaceful settlement of disputes between states is enshrined in Paragraph 3 of Article 2 of the UN Charter, the Declaration on Principles of International Law, the Final Act of the Conference for Security and Cooperation in Europe.

6. Principle of non-interference in internal affairs:

Intervention in the internal affairs of states is not permitted under Paragraph 7 Article 2 of the UN Charter, Declaration on Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe.

The Declaration, in particular, noted that no state may use or encourage the use of economic, political measures or any other character in order to achieve the subordination coerce another state in the exercise of its sovereign rights and to obtain him any advantage it; prohibits assistance in the implementation armed and subversive activities aimed at changing the regime of another state intervention in civil strife in another state. In other words, the intervention means actions of one state, affecting matters within the exclusive jurisdiction of another State, without consent of the latter.

7. Principle of respect for human rights and fundamental freedoms:

This principle, arising from the humanistic orientation of modern states, goals international cooperation, indicated in Paragraph 3 of Article 1 of the UN Charter, is enshrined, in particular, in the Final Act of the Conference on Security and Cooperation in Europe. States obliged to respect recognized rights and fundamental freedoms, including freedom thought, conscience, religion and belief to all without distinction as to race, sex, language, and religion.

8. Principle of equality and self-determination of peoples:

Principle of equality and self-determination of peoples mentioned in Paragraph 2 of Article 1 of the UN Charter, developed in Declaration on Principles of International Law and the Final Act of the Conference on Security and Cooperation in Europe. By virtue of the principle equality and self-determination of peoples, all peoples of the Earth are free to determine, without external interference, their political status and to their economic, social and cultural development. Moreover, by virtue of this principle, the peoples struggling for independence and statehood, under certain circumstances, to claim the status subjects of international law and, thus, on international legal recognition their personality.

 

9. Principle of interstate cooperation:

International cooperation is one of the goals of the UN (Paragraph 3 Article 1 of the UN Charter), designated as the principle of international law, in particular, the Declaration principles of international law and the Final Act of the Conference on Security and Cooperation in Europe. States are obliged to cooperate with each other, regardless of their political differences, economic and social systems in different fields of international relations to maintain international peace and security and promoting international economic stability and progress, the general welfare of nations and international cooperation, free from discrimination, which has in based on such differences.

10. Principle of faithful fulfillment of obligations under international law:

Principle faithful implementation of international obligations is a fundamental rule in international law, as reflected, inter alia, relevant provisions of the Declaration of Principles of International Law and Final Act of the Conference on Security and Cooperation in Europe.

 

I. Read the text and answer the questions:

1. What are the main principles of international law?

2. Are the principles of equality and self-determination of peoples interconnected?

3. What are the grounds for the lawful use of force in international relations?

4. In what acts are the principles of territorial integrity and inviolability of borders enshrined?

5. What principles of international were established in the Helsinki Final Act?

6. Why are the main principles of international law occupying a special place in the system of international rules?

7. What commitments does the principle of sovereign equality of states impose?

8. Under what principle are states obliged to cooperate with each other, regardless of their political differences, economic and social systems in different fields of international relations?

9. What does the principle of respect for human rights and fundamental freedoms provide?

10. What principles of international law were not established by the UN Charter?

 

II. Define if the following sentences are true or false. Use the required information from the text above and correct the false statements:

1. The main principles of international law are general principles of law.

2. Ten principles of international law are stated in the Final Act of the Conference on Security and Cooperation in Europe.

3. The use of force in international relations shall be permitted by the UN Security Council.

4. The Vienna Convention on the Law of Treaties is the source of principles of international law.

5. The right of states to individual or collective self-defense is stipulated in the Declaration of Principles of International Law.

6. The UN Charter is of no binding force for states.

7. No sanctions can be imposed in case of breach of obligations under international law.

8. Main principles of international law cannot be changed by agreement of subjects of international law.

9. The principle of territorial integrity does not mean inviolability of borders.

10. The UN Charter calmly declares two mutually excluding principles - the inviolability of borders and the right to self-determination.

 

III. LANGUAGE FOCUS:

1. Obey v: to do what someone tells you to do or what a rule, law, etc., says you must do (obey the law).

Opposite: disobey.

Obedient adj: willing to do what someone tells you to do or to follow a law, rule, etc. (obedient to the law, an obedient child).

Obedience n: Students are expected to act in obedience to the rules of the school [=are expected to obey the rules of the school].

Obediently adv: The children stood obediently in line.

2. Equal adj: 1. the same in number, amount, degree, rank, or quality
(officers of equal rank, issues of equal importance = issues that are equal in importance); 2. not changing: the same for each person (providing equal opportunities for children of all races, equal rights, an equal opportunity employer = an equal opportunities employer [=an employer who does not discriminate against people because of their race, religion, etc.]; 3. formal: able to do what is needed — + to (He says that he's equal to the task. [=he's capable of completing the task]).

Equality n: the quality or state of being equal; the quality or state of having the same rights, social status, etc. (racial/gender equality, the ideals of liberty and equality, women's struggle for equality, legal equality, equality before the law, sovereign equality, equality of votes).

Opposite: inequality.

3. Integrity n 1. adherence to moral and ethical principles; soundness of moral character; honesty; 2. the state of being whole, entire, or undiminished: to preserve the integrity of the empire; 3. a sound, unimpaired, or perfect condition: the integrity of a ship's hull; 4) the quality of being honest and having strong moral principles a gentleman of complete integrity; 5) the state of being whole and undivided upholding territorial integrity and national sovereignty; 6. the condition of being unified or sound in construction the structural integrity of the novel

Integral adj 1. necessary to make a whole complete (essential or fundamental games are an integral part of the school's curriculum | systematic training should be integral to library management); 2. being an essential part (of); intrinsic (to).

Integrated adj 1) (of an institution, body, etc.) desegregated, especially racially integrated education 2) with various parts or aspects linked or coordinated an integrated public transport system.

Integration n 1) the action or process of integrating economic and political integration; integration of individual countries into trading blocs; 2. the intermixing of people who were previously segregated integration is the best hope for both black and white Americans.

4. Sovereign n: 1. One that exercises supreme, permanent authority, especially in a nation or other governmental unit, as: a king, queen, or other noble person who serves as chief of state; a ruler or monarch; a national governing council or committee; a nation that governs territory outside its borders. 2. A gold coin formerly used in Great Britain.

Sovereign adj: 1. Self-governing; independent (a sovereign state). 2. Having supreme rank or power (a sovereign prince). 3. Paramount; supreme (Her sovereign virtue is compassion). 4. Of superlative strength or efficacy (a sovereign remedy).

Sovereignty n: 1. supreme power especially over a body politic. 2. freedom from external control, autonomy.

5. Inviolable adj: 1. secure from violation or profanation (an inviolable law). 2. secure from assault or trespass, unassailable (inviolable borders).

Inviolability n: immunity from assault, the quality or state of being inviolable; inviolableness (inviolability of Parlementaires, inviolability of dwelling).

6. Prohibit v: 1. to forbid by authority, enjoin. 2. to prevent from doing something; preclude.

Prohibition n: 1. the act of prohibiting by authority, an order to restrain or stop (a prohibition against parking on the street). 2. often capitalized: the forbidding by law of the manufacture, transportation, and sale of alcoholic liquors except for medicinal and sacramental purposes. 3. the period of time from 1920 to 1933 in the U.S. when it was illegal to make or sell alcohol.

Prohibitive also prohibitory adj: 1. prohibiting; forbidding (take prohibitive measures); 2. so high or burdensome as to discourage purchase or use (prohibitive prices); 3. so likely to win as to discourage competition (the prohibitive favorite to win the nomination).

Prohibitiveness n: the quality or state of prohibiting or tending to prohibit, forbid, or prevent (esp. of prices) the quality or state of tending to or being designed to discourage sale or purchase.

 

I. Fill in the gaps using the above words and expressions:

1. “…all men are created ______…” — U.S. Declaration of Independence (1776).

2. Oppression occurs when established laws, customs, and practices ___________ reflect and produce inequities based on one’s membership in targeted social identity groups.

3. The opposing candidate has demanded _____ time on television.

4. We need to have ________ academic standards for male and female students.

5. Local officials and a huge and enthusiastic crowd greeted Napoleon at the Portoferraio harbor. The Allies had granted him the title of Emperor of Elba, which was to be a _________ state under his jurisdiction.

6. ___________ before the law, also known as ________ __________, is the principle under which all people are subject to the same laws of justice (due process).

7. The persons of ambassadors are _________.

8. Nor was the ________ of the Native Hawaiian race recognized at the time Hawaii became a state.

9. An _______ institution is intended for use by all races or religious groups.

10. In a monopoly, horizontal _______ is complete, while in an oligopoly there is considerable horizontal __________.

11. International law ___________ depredation of the high seas.

12. The prison's electric fence ________ escape.

13. The government's __________ duty is to protect the rights of its citizens.

14. The use of human shields is _____________.

15. The following premises are ___________ under international law under the articles of the Vienna Convention on Diplomatic Relations.

 

II. Study the use of the phrases with “PRINCIPLE” and translate the sentences given below into Ukrainian:


Date: 2015-01-29; view: 2124


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