CHAPTER II - COMPETENCE OF THE COURT



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CHAPTER II - COMPETENCE OF THE COURT



Article 34

1. Only states may be parties in cases before the Court.

2. The Court, subject to and in conformity with its Rules, may request of public international organisations information relevant to cases before it, and shall receive such information presented by such organisations on their own initiative.

Article 36

1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.

2. The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:

a. the interpretation of a treaty;

b. any question of international law;

c. the existence of any fact which, if established, would constitute a breach of an international obligation;

d. the nature or extent of the reparation to be made for the breach of an international obligation.

3. The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain states, or for a certain time.

4. Such declarations shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court.

5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice and which are still in force shall be deemed, as between the parties to the present Statute, to be acceptances of the compulsory jurisdiction of the International Court of Justice for the period which they still have to run and in accordance with their terms.

6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court.

Article 38

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

b. international custom, as evidence of a general practice accepted as law;

c. the general principles of law recognized by civilized nations;

d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.

 

ACTIVE VOCABULARY

to acquire 1) набувати; 2) отримувати
conqueror 1) завойовник; 2) переможець
agreement угода
use of force використання сили
rights and obligations права та обов’язки
international law міжнародне право
pacta sunt servanda лат. договори повинні виконуватися
relations відносини
to have an influence мати вплив на…
universal legal system універсальна правова система
distinct national identity відокремлена національна ідентичність
Jus Civile національне право
Jus Gentium право народів
considerable development значний розвиток
international court міжнародний суд
Roman citizen громадянин Риму
purpose мета
unenforceable не чинний
League of Nations Ліга Націй
United Nations Organisation Організація Об’єднаних Націй
responsibility відповідальність
trace слід, відбиток
concept концепція
struggle боротьба
Pope 1) священик; 2) піп; 3) Папа Римський
significant важливий
in the wake of smth внаслідок
international organisation міжнародна організація
horror жах, тривога

Unit 3. HUMAN RIGHTS LAW

Lead-in

 

The origins of human rights law can be traced back hundreds of years through developments in the legal history of many Western countries. These developments progressively recognized that human rights are not created or granted, but are grounded in the basic dignity and equality of each person.

 

Task 1. What do you think were the reasons for making human rights in the history of many European countries? Would we recognize human rights the way we do today if the consequences of both world wars were somewhat different?

 

Reading 1: This text deals with the establishment of human rights law.

 

Task 2. Read the passage Origins of Human Rights Law and decide which document was the first universal expression of human rights applied to all citizens?

Task 3. Read the passage League of Nations and decide what was the major set back this organisation has finally suffered?

Reading Comprehension

 

Task 4. Read the whole text and decide whether these statements are true (T) or false (F).

1.The awareness of human rights first came to people in 1789 as the result of French Revolution.

2.The 20th century wars caused the international legal recognition of the human rights issue.

3.The major task of the League of Nations was to preserve international peace.

4.A covenant is the pledge that brings about a relationship of commitment between its members.

5.The United Nations Charter symbolizes the outspoken recognition of the international idea of human rights law.

 

Origins of Human Rights Law:Elements of human rights seem to be recognized in the English law long ago. The Magna Carta (1215) and the Bill of Rights (1688) are often said to enshrine human rights, but both deal little with the rights of ordinary people. They are primarily contracts between the King and the barons (Magna Carta) or the House of Commons (the Bill of Rights). Nevertheless, they were significant in the developing recognition of human rights because they gave some limited rights to particular individuals against the sovereign. From the 17th to 19th centuries various treaties between countries, and declarations within countries, guaranteed the right of non-discrimination for people according to their religion.

The French Declaration of the Rights of Man and the Citizen of 1789 arose out of the French Revolution. It is a much fuller expression of human rights than is found in English law. The Declaration, and the ‘Bill of Rights’ amendments to the United States Constitution in the 1790s, are the first expressions in law of rights which are universal in their application to all citizens, not limited to the aristocracy or Members of Parliament.

Recognition of human rights on an international scale came from the two major wars of the 20th century. Trench warfare and the use of gas in World War I provoked a desire among nations to regulate weapons permissible in war. The Paris Peace Conference in 1919 had significance for the development of human rights in the 20th century through three outcomes.

League of Nations:The first outcome was the establishment in 1920 of the League of Nations, which took responsibility for maintaining international peace. By mutual agreement (a Covenant), members of the League undertook to promote fair working conditions for their citizens, and humane treatment for indigenous peoples in colonized countries. The League supervised the distribution of former German colonies as trust territories, having regard to the rights of the indigenous people. Most importantly perhaps, the League of Nations initiated the Slavery Convention 1926, to abolish slavery. As a lasting human rights achievement, the League of Nations was compromised at the outset by the refusal of some founding members to include in the Covenant a commitment to non-discrimination on the basis of race. Despite this, and its ultimate failure to avoid another World War, the League of Nations was a brave experiment which laid the groundwork for the establishment of the United Nations in 1945.

The United Nations Charter:The events of World War II, particularly the Holocaust, led directly to the establishment of the United Nations, and the modern era of explicit recognition of and commitment to international human rights. When the United Nations Organisation was established in 1945, its Charter contained the first explicit recognition in international law that an individual was entitled to fundamental rights and freedoms. Among the purposes of the UN set out in Article 1 of the Charter is that of co-operation ‘in promoting respect of human rights and fundamental freedoms for all’. Article 55 commits the United Nations to promoting ‘universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion’. Article 56 provides that all members ‘pledge themselves to take joint and several action in co-operation with the Organisation for the achievement of the purposes set forth in Article 55’. The Charter specifies that the UN should not impose any restrictions on the eligibility of people to participate in the international community, and gives the General Assembly of the UN responsibilities which include assisting the realization of human rights and fundamental freedoms for all. Through the Charter, nations that become members of the United Nations commit themselves to its framework of human rights.

 

Task 5. Match the verbs (1–5) with the nouns (a–e) they collocate with in the text.

 

1. to enshrine a) distribution
2. to provoke b) restrictions
3. to supervise c) human rights
4. to abolish d) desire
5. to impose e) slavery

 

Task 6. Match these terms with their definitions.

 

7.contract a) a formal written agreement between people or groups of people which is recognized in law
8.covenant b) a written or spoken agreement, that is intended to be enforceable by law
9.treaty c) a large group of people who meet regularly to make decisions or laws for a particular region or country
10.assembly d) a formally concluded and ratified agreement between countries
11.charter e) an official announcement or statement
12.declaration f) a formal document describing the rights, aims, or principles of an organisation or group of people

 

Task 7. Circle the correct equivalent of the italicized word.

 

1.Elements of human rights seem to be recognized (acknowledged / influenced / seized) in the English law long ago.

2.These were significant (meaningful / recommendatory / suggestible) changes in the developing of recognition of human rights as they gave some limited rights to particular individuals.

3.The Magna Carta and the Bill of Rights are often said to enshrine (to accommodate / to deify / to ensure) human rights, but both deal little with the rights of ordinary people.

4.The first outcome was the establishment of the League of Nations, which took responsibility for maintaining (creating/ improving / upholding) international peace.

5.By mutual (reciprocal / tacit / unilateral) agreement, members of the League undertook to promote fair working conditions for their citizens.

6.The League supervised (controlled/ intervened / mediated) the distribution of former German colonies.

7.the League promoted fair working conditions and humane treatment for indigenous (inborn / primitive / rural) peoples in colonized countries.

8.The League of Nations initiated the Slavery Convention1926, to abolish (to disperse / to disseminate / to liquidate) slavery.

9.Its ultimate (accidental / decisive / specific) failure was to avoid World War II.

10.The events of World War II led directly to the modern era of explicit (bright / clear / radiant) recognition of international human rights.

11.Article 56 provides that all members ‘pledge (identify / insure / promise) themselves to take joint and several action in co-operation with the Organisation for the achievement of the purposes set forth in Article 55’.

12.The Charter specifies that the UN should not impose (drift / draw / inflict) any restrictions on the eligibility of people to participate in the international community.

 

Task 8. Find in the text above the English equivalents for the following expressions.

1.визнання прав людини a) respect of/for human rights
2.вираження прав людини b) origins of human rights
3.відданість правам людини c) human rights achievement
4.втілення прав людини d) framework of human rights
5.досягнення прав людини e) commitment to human rights
6.дотримання прав людини f) to enshrine human rights
7.елементи прав людини g) development of human rights
8.зберігати права людини h) observance of human rights
9.основні положення прав людини i) realization of human rights
10.повага до прав людини j) recognition of human rights
11.походження прав людини k) expression of human rights
12.розвиток прав людини l) elements of human rights

Task 9. Read the article about human rights of indigenous people.

Who are Indigenous People?


The adjective ‘indigenous’ has the common meaning of the “original” or “native”. Therefore, in a purely adjectival sense any given people, ethnic group or community may be described as being indigenous in reference to some particular region or location.

When European countries, such as Portugal, Spain, the Netherlands, Germany, France and Great Britain began to expand their territories into the Americas, Africa, Asia and Australia, there was a view among scholars that indigenous people were supposed to hold certain rights under international law. Despite these philosophical ideas, in practice the recognition of the rights of indigenous peoples was minimal during the period of colonization.

The pivotal foundation of the post-World War II framework was the emergence of the right of self-determination, enshrined in Article 1 of the International Covenant on Civil and Political Rights (ICCPR) and Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Having been excluded from the principle of self-determination, indigenous peoples have developed two strategies within the international legal framework:

· to find alternative ways of being recognized under international law, such as through the Declaration of indigenous peoples; and

· to develop and transform the notion of ‘self-determination’ by broadening the definition and using the word as a political slogan with a more encompassing meaning.

Although international mechanisms and norms are not always responsive, the activity of indigenous advocates within the frameworks of the United Nations and international law highlights the inventiveness of indigenous peoples in pursuing alternative avenues to seek better protection of their rights.

A major achievement was the Declaration on the Rights of Indigenous Peoples, which was adopted by the General Assembly on 13 September, 2007. The Declaration is the most comprehensive statement of the rights of indigenous peoples ever developed, giving prominence to collective rights to a degree unprecedented in international human rights law.

Understanding Expressions

Task 10. Choose the best explanation for each of these words or phrases from the text.


Indigenous

a) aboriginal

b) rural

c) extinctive

 

To expand

a) to broaden

b) to spend

c) to subjugate

Pivotal

a) central

b) diagonal

c) gradient

 

To enshrine

a) to apotheosize

b) to preserve

c) to worship

 

A framework

a) a circuit

b) an outline

c) a structure

Encompassing

a) comprehensive

b) narrow

c) surrounding

 

Responsive

a) reciprocal

b) unidirectional

c) viewpoint

 



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