VI. Translate into Ukrainian.

International society, law-creative action, democratically elected government, in exile, nonstate actors, to proliferate, preeminent actor, acknowledgment by the international community, entity, essential characteristics, governmental capacity, international community, entitlement to the rights and privileges, overarching purpose, recognition, explicitly or implicitly, constitutive theory of recognition, legal consequences, declaratory theory of recognition.

 

VII. Read the text.

THE ROLE OF INTERNATIONAL ORGANIZATIONS [13]

International organizations (IOs) function as intergovernmental political bodies and forums where representatives from states convene to discuss and negotiate issues involving their mutual political, social, and economic concerns. These multilateral bodies are sometimes viewed as arenas where governments in dispute trade accusations, where countries rhetorically lament and occasionally address disparities in socioeconomic situations, where states deliberate and discuss concerns over one another's conduct, and where parties discuss transnational problems and posit various solutions. From a cynical perspective, international organizations—the United Nations in particular—are often depicted as ineffective multilateral bureaucracies hobbled by waste, inefficiency, and mismanagement. Although a certain degree of truth resides in these impressions, none accurately reveals the whole picture, purposes, or activities of international organizations or their successes, nor do they suggest the broad truth that international organizations have emerged since World War II as the preeminent institutional source of international legal rules. In this regard, the United Nations system stands out as the main multilateral engine for creating international rules.

As formalized in their founding documents—usually called charters—the purposes of international organizations are to develop friendly relations among states; cooperate in solving international economic, social, cultural, and humanitarian problems; and promote respect for human rights and fundamental freedoms. To accomplish these objectives, member states resort to using these institutions and processes to make new international legal rules that address problems accrued from changing circumstances and political developments. […]

International Organization Legal Rules

International organizations play extensive, sophisticated roles as lawgivers to the inter­national community. IOs create, amend, and implement international legal rules from a variety of sources for their member states. Yet, few observers truly appreciate or even acknowledge such contributions. IOs entail complex institutional arrangements, usually formed by several organs and agencies, many of which constantly remain engaged in making, codifying, and revising international legal rules. These rules are often pragmatic and highly utilitarian. They can be negotiated, adopted, adapted, and implemented more easily into the mainstream of international intercourse through the multilateral forums afforded by these organizations than they can by unilateral diplomacy and other such traditional means. This role of lawmaker often evolves into the creation of new legal norms—that is, those legal principles that are agreed on as “right" and proper actions, which have become binding on members of the international community and which serve to guide, control, and regulate proper and acceptable conduct among international actors.

 

VIII. Read the text.

THE INDIVIDUAL [14]

The status of the individual, be that person a head of state or a common peasant, has risen appreciably in modem international law. While the Statute of the International Court of Justice recognizes only states as parties to international legal agreements, the UN Charter and other international instruments clearly indicate that individuals are now accorded a prominent position as subjects, rather than as objects, of international legal rules. In this regard, a state's rights of independence and territorial supremacy provide for rights over internal affairs and external freedoms from outside interference. Governments retain supreme authority over all persons and private property within their territory. The state decides who its citizens are, who may enter its territory, and the conditions under which its aliens may reside or work. Yet, the rights of territorial supremacy and political independence are not absolute, as they have become subject to limitations imposed by international law on how governments treat their nationals. This is reflected in the contemporary legal rules regarding the nationality of individuals, the treatment of aliens, extradition law, and rules for asylum. Most emphatically, restrictions on state actions are now realized in the infusion of human rights protections and rules for international criminal jurisdiction that have rapidly evolved during the past three decades. All these concerns, however, are enmeshed in questions of state jurisdiction and how that authority squares with basic principles of state sovereignty, the equality of states, and noninterference in domestic affairs.

LANGUAGE FOCUS

I. Study the use of the phrases with “ SUBJECT ”

-subject to reservations

- subject of controversy (dispute)

-to subject to consideration

- subject of law

- subject of inquiry

-legal subject

-foreign subject

-natural-born subject

- subject of case

- subject-matter

 

II. Translate into English

Іноземний підданий, предмет розслідування, із застереженнями, предмет судового спору (2), підданий за народженням, суб’єкт права (2).

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

sovereign state — суверенна держава;

The limits of the sovereign state: Strategies of Crime Control in Contemporary Society;

member state — держава - член (будь-якої організації);

A member state of the European Union is a state that is party to treaties of the European Union (EU) and thereby subject to the privileges and obligations of EU membership;

to establish / found / set up a state — створити державу;

In the Palestinian Declaration of Independence, the State of Palestine is described as being established on the “Palestinian territory”, without explicitly specifying further;

to govern / rule a state — керувати державою;

Who was the only governor to govern two different US states? (Robert Lucas was Governor of Ohio from 1832-1836 and Governor of the Iowa Territory from 1838-1841);

puppet state — маріонетна держава;

Puppet governments are usually kept in power by military force provided by an occupying country;

welfare state — “держава всезагального добробуту” (з системою соціального забезпечення, безкоштовним навчанням);

A welfare state is a "concept of government in which the state plays key role in the protection and promotion of the economic and social well-being of its citizens;

state of affairs – загальний стан речей у державі у конкретний проміжок часу;

“Wondered how such a state of affairs had come about” - Franklin D. Roosevelt;

renegade state, rogue nation, rogue state – держава, що не поважає зовнішню політику інших держав;

The concept of “rogue state” plays a pre-eminent role today in policy planning and analysis;

city state – держава, що складається з одного суверенного міста;

A city-state is an independent or autonomous entity whose territory consists of a city which is not administered as a part of another local government.

client state- залежна держава,сателіт;

“Each superpower continues to arm its client states” (C.L. Sulzberger).

IV. Use the verbs in the correct form:

1. We the peoples of the United Nations determined to establish conditions under which justice and respect for the obligations ___________ (to arise) from treaties and other sources of international law can be _______________ (to maintain);

2. Accordingly, our respective Governments, through representatives ______________ (to assemble) in the city of San Francisco, who _____________ (to exhibit) their full powers ____________ (to found) to be in good and due form, ________________ (to agree) to the present Charter of the United Nations and do hereby establish an international organization ______________ (to know) as the United Nations;

3. Membership in the United Nations is open to all other peace-loving states which _____________ (to accept) the obligations __________________ (to contain) in the present Charter and, in the judgment of the Organization, ______________ (to be able) and willing to carry out these obligations;

4. A Member of the United Nations which ____________ persistently _____________ (to violate) the Principles ______________ (to contain) in the present Charter ________________________ (may; to expel) from the Organization by the General Assembly upon the recommendation of the Security Council;

5. The Charter of the United Nations _________________ (to sign) on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and ______________ (to come) into force on 24 October 1945.

V. Complete the sentences below using the correct form of the verbs in the box:

to hold to derive to be to consider to be accountable

to drive to adopt to promulgate to encompass to enforce

Promoting the rule of law at the national and international levels 1)__________ at the heart of the United Nations’ mission. Establishing respect for the rule of law is fundamental to achieving a durable peace in the aftermath of conflict, to the effective protection of human rights, and to sustained economic progress and development. The principle that everyone – from the individual right up to the State itself – 2)________________________ to laws that 3)_____________ publicly ________________, equally 4)_______________ and independently adjudicated, is a fundamental concept which 5)______________ much of the United Nations work.

The principle of the rule of law embedded in the Charter of the United Nations 6)____________________ elements relevant to the conduct of State to State relations. The main United Nations organs, including the General Assembly and the Security Council, have essential roles in this regard, which 7)___________________ from and require action in accordance with the provisions of the Charter.

The General Assembly 8)_____________________ rule of law as an agenda item since 1992, with renewed interest since 2006 and 9)________________ resolutions at its last three sessions. The Security Council 10)__________________ a number of thematic debates on the rule of law and adopted resolutions emphasizing the importance of these issues in the context of women, peace and security, children in armed conflict, the protection of civilians in armed conflict. The Peacebuilding Commission has also regularly addressed rule of law issues with respect to countries on its agenda.

PROJECT

Render the following text or information into English. In groups of three-four discuss this information and get ready to inform the students of other groups about your findings/conclusions:

СУБ'ЄКТИ МІЖНАРОДНОГО ПРАВА [15]