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OBJECT AND AIM OF INTERNATIONAL LAW

 

1. The first object of international law for a given nation: ---Utility general, in so far as it consists in doing no injury to the other nations respectively, having the regard which is proper to its own well-being.

2. Second object: ---Utility general, in so far as it consists in doing the greatest good possible to other nations, saving the regard which is proper to its own well-being.

3. Third object: ---Utility general, in as far as it consists in the given nation not receiving any injury from other nations respectively, saving the regard due to the well-being of these same nations.

4. Fourth object: ---Utility general, in so far as it consists in such state receiving the greatest possible benefit from all other nations, saving the regard due to the well-being of these nations.

5. Fifth object: ---In case of war, make such arrangements, that the least possible evil may be produced, consistent with the acquisition of the good which is sought for.

 

AIMS OF INTERNATIONAL LAW

Mary Ellen O’Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity’s fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world.

International law attempts to define the standard of conduct for international relationships between and among states, as well as addressing the application of domestic law to foreign persons within individual states.

Two primary purposes of international law are:

- to build cooperation between and among states;

- to set standards and procedures to minimize conflict between states.

 

Questions:

1. There are several definitions of International Law, which is the most exact?

2. Name main spheres of International Law;

3. How do you think which aspects covers Public International Law and which- Private?

4. Can you explain the difference between International Law and Domestic Law? Prove your answer;

5. What is a “State” itself?

6. What does “ad hoc” mean?

7. Think over and say why do States obey International Law?

8. Try to explain what happens if the rules of International and Domestic Law conflict?

9. Can you explain the meaning of two terms: monism and dualism?

10. What is the best way of interaction between International Law and Domestic Law?

11. What could be a subject of International Law?

12. Give an examples of International Law subjects;

13. Functions of International Law: which of them should be the most important?

14. Define the object itself; Referring to the International Law try to name its objects;

15. Which aim does International Law have?

 

2. Complete the following sentences using the required information from the text above:



 

1. In recent years the line between public and private international law have became __________________________________________________________.

2. _________________________________________ (also called an international legal person) is a body or entity recognized or accepted as being capable of exercising international rights and duties.

3. __________________________________ concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations.

4. International law attempts to define __________________________________ international relationships between and among states, as well as addressing the application of domestic law to foreign persons within individual states.

5. International law is a combination of ________________________________________________________

_____________________________, such as the law of the sea, space law, trade law, territorial boundaries of states, and diplomatic relations.

6. An international organization is ______________________________________

_______________________________consisting primary of nations.

 

7. ____________________________ is concerned with the rights and duties of States in their relations with each other and with international organisations.

 

8. The theories of _______________________________ are the two main theories that explain the relationship between international and domestic law.

 

9. Two primary purposes of international law are: ____________________________________________________.

 

10. The first object of international law for a given nation: _________________________________________________________________________________________________________________________________.

 

 

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

 

Statement True or False
1. The United Nations, the most influential among international organizations, was created on June 26, 1945.  
2. The modern system of international law developed in Europe from the 17th century onwards and is now accepted by all countries around the world.  
3. The main differences between international and domestic law are thought to be the sources of law, its subjects, and subject matter.  
4. The International Court of Justice is established by the Security Council as its principal judicial organ.  
5. Dualism can adequately explain the relationship between international and domestic law.  
6. Private_international_law deals with controversies between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation.  
7. A subject of international law (also called an international legal state) is a body or entity recognized or accepted as being capable of exercising international rights and duties.  
8. The substantial part of international law, therefore, does not concern dispute resolution but dispute avoidance, it focuses on the day-to-day regulation of international relations.  
9. While States are the main subjects of international law, and have all of these capacities, there are no other subjects of international law.  
10. Like any legal system, international law is designed to regulate and shape behaviour, to prevent violations, and to provide remedies for violations when they occur.  
11. The Charter of the United Nations has been adhered to by virtually all states.  
12. International law differs from domestic law in one central respect - the law-making process.  
13. There are at least two definite examples of subjects of international law, namely, States and international organisations.  
14. The theory of dualism holds that international law and domestic law are separate bodies of law, operating independently of each other.  
15. The declared purposes of United Nations are to maintain peace and security, to develop friendly relations among nations, to achieve international cooperation in solving international problems, and to be a center for harmonizing the actions of the nations and attaining their common ends.  

 

 

I. Vocabulary Section/ Language Focus:

1. Study the definitions of the following terms and find the examples of its practical use:

Private person- 1. any individual who is a citizen or national of a state; 2. any corporation, partnership, association, or other legal entity organized or existing under the law of any state, whether for profit or not for profit;

International dispute- a disagreement that arises between states concerning their relations with one another and with other states;

Non-state actors- are categorized as entities that participating or acting in the sphere of international relations; organizations with sufficient power to influence and cause change in politics which are not belonging to or existing as a state-structure or established institution of a state; are not holding the characteristics of this, these being legal sovereignty and some measure of control over a countries people and territories;

Corporation- the most common form of business organization, and one which is chartered by a state and given many legal rights as an entity separate from its owners;

Armed militant groups- vigorously active, combative, aggressive and favouring confrontational or violent methods in support of a political or social cause armed groups of people;

Intellectual property- describes a wide variety of property created by musicians, authors, artists, and inventors;

Extradition- the surrender of an alleged offender or fugitive to the state in whose territory the alleged offence was committed;

Human rights- The basic rights and freedoms to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law;

Refugee protection- protecting the rights of the persecuted;

Violation- entry to another's property without right or permission;

Remedy- a legal order of preventing or redressing a wrong or enforcing a right;

Domestic, municipal- issued on the authority of a local or state government;

Law-making process- the act of making or enacting laws;

Law-making body- a lawmaking body is called a "legislature";

Resolution- a court decision;

Enforcement- ensuring obedience to the laws;

Mediation- is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects;

International Court of Justice- a court established to settle disputes between members of the United Nations;

UN Security Council- the permanent peacekeeping organ of the United Nations, composed of five permanent members (China, France, Russia, the United Kingdom, and the United States) and ten elected members;

UN Charter- is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial Veterans Building and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries (Poland, the other original member, which was not represented at the conference, signed it two months later);

Arbitration- a process in which a disagreement between two or more parties is resolved by impartial individuals, called arbitrators, in order to avoid costly and lengthy litigation;

International tribunal - international court of justice;

Implementation - an act of implementing or putting into effect; fulfillment.

 

2. Fill in the blanks with the prepositions:

1. Parties _____ a treaty are the States or the International Organisations which have consented to be bound _______ the treaty and for which the treaty is _______ force;

2. By becoming a signatory ______ a convention with 172 other countries, Russia is taking an important step to facilitate anti-smoking legislation;

3. _______ the Convention on the Rights of the Child, persons under the age of 18 years are entitled ______ special protection;

4. International laws apply ______ the citizens of all signatory nations;

5. The Council of Ministers of the East African Community is a policy organ whose decisions, directives and regulations are binding _______ Partner States.

 

 

 

 

 

 

 

 

Quickly skim through the texts on the previous page and say what the topics of the seminars are. For whom are they intended?

 

 


Date: 2015-01-12; view: 1165


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