II. Verbale notes, personal notes and circular notes

 

 

Lead-in

The following is the text of diplomatic notes sent to different countries.

I. Verbal Notes

 

Task 1. Read the text and get ready to answer the checkup questions:

1. What is a note verbale?

2. What style is preferred in drafting notes verbales?

3. What subjects require notes verbales?

4. Who are they usually addressed to?

5. What is the basic outline of a note verbale?

6. What protocol formulas are acceptable in notes verbales?

7. What instructions should be followed carefully in drafting a note verbale?

A verbal note or note verbale (referred to in the text of a communication simply as a ÓnoteÚ) is a formal note written in the third person. This form is always used in replying to an incoming note verbale; an incoming letter is answered by a letter. Notes verbales may be addressed to permanent representative (or an observer) or a permanent mission, a minister for foreign affairs or a ministry of foreign affairs. Where direct correspondence with any other government officer or old has been authorized, it must be in letter form. The note verbale is not normally used for communications with other organizations in the United Nations system, and should never be used communications with non-governmental organizations or public.

Typical uses of notes verbales include the exchange of information between the United Nations and Governments or permanent missions, the transmission of decisions or recommendations of United Nations organs, requests for and acknowledgements of information and documents, the regarding the time and place of meetings, acknowledgements of changes in the membership of permanent missions or delegations and other requests or acknowledgements to Governments relating to the substantive work of the United Nations.

 

Task 2. Read the text again and find Ukrainian equivalents for the words in bold.

 

 

Task 3. Read the text below and fill in the gaps with suitable words:

 

1. General 2. salutation 3. addressed 4. compliments

5. verbale 6. mission 7. honour 8. Permanent

 

A note a) … contains no complimentary closing. Its salutation forms part of the opening sentence of the text and begins with the regular paragraphing. In selecting the form of the b) …, it is important to note the following instructions:

A note verbale may be written in the name of the Secretary- c) … or of the Secretariat, but not in the name of a department or of an official of the Secretariat. When a note verbale is sent in the name of the Secretary-General, it is addressed to a person, e.g.:

“The Secretary-General of the United Nations presents his compliments to the Permanent Representative of... to the United Nations and has the d) … to...”.

When a note verbale is sent in the name of the Secretariat, it is e) … to an office, not a person, e.g.:

“The Secretariat of the United Nations presents its compliments the Permanent Mission of... to the United Nations and has honour to...”.

A note verbale in reply to one addressed to the Secretary-General should always be sent in the name of the Secretary-General. Thus, a note verbale from a permanent f) … is addressed to the Secretary-General, the reply will be sent in the name of the Secretary-General to the g) … Representative, e.g.:

“The Secretary-General of the United Nations presents his h) … to the Permanent Representative of... to the United Nations and has the honour to acknowledge the receipt of the Permanent Mission’s note...”.

 

Task 4. Read the text below and put the paragraphs into the correct order:

 

… On notes verbales the date should appear on the right-hand side of the last page, two to six lines below the last line of the text, depending on the length of the note.

… “The enclosed communication dated... is transmitted to the permanent missions of the States Members of the United Nations at the request of...”.

… A note verbale contains no signature; instead it should be initialled under the date by the officer responsible for its dispatch. The address does not appear on a note verbale but should be typed on the accompanying envelope. (From United Nations Correspondence Manual)

… A note verbale in reply to a note verbale from a minister for foreign affairs or permanent representative should be sent in the name of the Secretary-General whether the incoming note is addressed to the Secretary-General, to a subordinate official, to the Secretariat or to a department. A note verbale forwarding a communication at the request of a Member of the United Nations or its permanent mission should be in the following form only:

 

Task 5. Match the terms with their definitions. Consult the dictionary if necessary:

 

1. Minister-Designate 2. the Secretary-General 3. Minister Plenipotentiary 4. to acknowledge 5. to authorize 6. note verbale 7. accreditation 8. foreign affairs 9. Minister Resident 10. mission

a) a diplomatic agent b) giving official authorization to or approval of; sending out a diplomatic envoy with credentials to an official or government of the receiving state c) a general term for a commission, delegation, embassy, or legation d) matters abroad that involve the homeland, such as relations with another country e) a third-person note (the form of diplomatic communication most frequently used) f) to confer authority upon (someone to do something); empower g) a chief administrative official, as of the United Nations h) to recognize, esp. in legal form, the authority, rights, or claims of i) a diplomatic agent who has been appointed to office, approved by the head of government to which he has been accredited, but has not presented his credentials j) a nonaccredited diplomatic agent representing his government

 

 

ASSIGNMENTS

 

Task 1. Complete the following sentences using the required information from the above text:

1. A note verbale is always used for.... 2. It may be addressed to.... 3. A note verbale is not used for.... 4. Typical uses of notes verbales include.... 5. A note verbale may be written in the name of.... 6. A note verbale forwarding a communication at the request of a Member of the United Nations should be.... 7. A note verbale contains no....

 

Task 2. Decipher the following Latin abbreviations:

a) h. e.; h. s.; i.e.; scil.; viz.; v. v.; b) s. a. e. 1.; s. d.; s. 1.

 

Task 3. Memorize the phrases below, identify the parts of a note verbale they belong to:

1) the Secretary-General would appreciate it if; 2) the Secretariat will take this information into account; 3) at the request of the Permanent Representatives of... to the United Nations; 4) the Secretary-General has the honour to acknowledge the receipt of note No.___; 5) the enclosed communication is transmitted to the permanent missions of the States Members of the United Nations; 6) the Secretary-General of the United Nations presents his compliments to... and has the honour to state that; 7) the Permanent Mission of... avails itself of this opportunity to renew to the Permanent Mission of... the assurances of its highest consideration.

 

Task 4. Suggest the English for:

 

1) Постійне Представництво … при Організації Об’єднаних Націй засвідчує свою повагу Генеральному секретарю Організації Об’єднаних Націй і має честь підтвердити отримання його ноти за № … від 10 березня 20____; 2) Постійний Представник … при Організації Об’єднаних Націй буде вдячний Генеральному секретарю за розповсюдження цієї ноти як офіційного документу Генеральної Асамблеї відповідно до пункту 21 порядку денного; 3) Постійне Представництво … при Організації Об’єднаних Націй користується можливістю, щоб поновити Генеральному секретарю запевнення у своїй високій повазі.

 

Task 5. Translate the following into Ukrainian:

COMMITTEE ON THE PEACEFUL

USES OF OUTER SPACE

 

a) Note verbale dated 30 June 20___ from the Permanent Mission of (name of the country) to the United Nations addressed to the Secretary-General The Permanent Mission of (name of the country)to the United Nations Office at Vienna presents its compliments to the Secretary-General and, in conformity with article IV of the Convention on Registration of Objects Launched into Outer Space, has the honour to transmit information concerning space objects launched by the Russian Federation during the period of March to April 20___and concerning objects previously launched into Earth orbit which are no longer in orbit.

 

b) Note verbale dated 18 July 20___ from the Alternate Permanent Representative of (name of the country) to the United Nations (Vienna) addressed to the Secretary-General The Alternate Permanent Representative of (name of the country)to the United Nations (Vienna) presents her compliments to the Secretary-General of the United Nations and, in accordance with article IV of the Convention on Registration of Objects Launched into Outer Space, has the honour to transmit the registration data for the United States space launches for the period October-December 20___and January-February 20___.

 

Task 6. Study the following texts, identifying the types of UN communication they belong to. Comment on their differences and similarities:

 

Reference:   The Secretary-General of the United Nations presents his compliments to the Permanent Representatives of... to the United Nations and has the honour to refer to General Assembly resolution 40/159 of 16 December 20___ entitled “Implementation of the Collective Security Provisions of the Charter of the United Nations for the Maintenance of International Peace and Security”, a copy of which is attached. By this resolution, the Assembly, inter alia, invited those Member States that have not yet done so, to communicate no later than 30 April 20___ their views and comments on the matter and requested that such views and comments be transmitted to the Ad-Hoc Committee. The Secretary-General would, therefore, appreciate receiving the views and comments of His/Her Excellency's Government in accordance with the above-mentioned provision. 20 January 20___ (initialled) Annex enclosed

 

Reference: 12 February 20___ Your Excellency:   We have the honour to inform Your Excellency that the Government of... and the Government of... have simultaneously issued a Joint Communiqué concerning the establishment of diplomatic relations between our two countries, the text of which is as follows: "The Government of... and the Government of... on the basis of the purposes and principles of the Charter of the United Nations, in particular the mutual respect for national sovereignty, territorial integrity, non-interference in the internal affairs of each other and the peaceful settlement of disputes between states, have agreed to establish formal diplomatic relations as of 10 February 20___". Excellency, we would request you to transmit this communication to the Member States of the United Nations. We take this opportunity to renew to you the assurances of our highest consideration. …………………… ………………………… Permanent Representative of Permanent Representative of …………………………… ………………………….. to the United Nations to the United Nations

 

Task 7. Translate the following into English:

 

Постійне Представництво (назва країни) при Організації Об’єднаних Націй засвідчує свою повагу Генеральному Секретарю Організації Об’єднаних Націй і має честь теперішнім перепровадити грамоту Президії Верховної Ради (назва країни) про ратифікацію (назва країни) Міжнародної конвенції проти апартеїду в спорті.

Постійне Представництво (назва країни) при ООН користується нагодою, щоб поновити Генеральному Секретарю ООН запевнення у своїй високій повазі.

 

м. Нью-Йорк, 19 липня 20___ року

Його Превосходительству

пану …

Генеральному Секретарю

Організації Об’єднаних Націй

м. Нью-Йорк

 

Task 8. Complete the following note verbale supplying the information you may find appropriate:

 

Note verbale dated __________ from the Permanent Mission of to the United Nations addressed to the Secretary-General.

 

The Acting Permanent Representative of the Republic of __________to the United Nations presents his compliments to the Secretary-General of the United Nations and, with reference to___________, dated ___________, (see annex).

The Acting Permanent Representative would be grateful if__________.

 

Task 9. Look at the exhibits and comment on the structure of these documents:

 

EXHIBIT1 NOTE VERBALE Secretary-General to Permanent Representative United Nations New York   Reference:   The Secretary-General of the United Nations presents his compliments to the Permanent Representative of... to the United Nations (Vienna) and has the honour to inform the Government that the eleventh session of the Committee on Crime Prevention and Control, which is the preparatory body for the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, will be held at the Vienna International Centre from 5 to 16 February 20___. This session is of particular importance as it will, inter alia, finalize substantive preparations and organizational arrangements for the Eighth Congress, to be held at Havana, Cuba, from 27 August to 7 September 20___. The provisional agenda for the meeting is enclosed. Other documents will be sent to interested Governments in due course. The Secretary-General would appreciate it if the Governments wishing to participate in the meetings as observers would communicate the names and titles of their representatives to the United Nations Office at Vienna, Centre for Social Development and Humanitarian Affairs, P. O. Box 500, A - 1400 Vienna, Austria.   21 September 20___ (initialled)

 

II. Personal Notes

 

A personal note is written in the first person on the letterhead of the person signing it and is composed in a specific form (it contains salutations, a personal signature, and so on). It is sent in the original and without a number.

 

 

EXHIBIT 2 PERSONAL NOTE   Embassy of the United States of America Kingston, April 12, 20...   Excellency: I have the honor to inform you that I have today presented to His Excellency, The Most Honorable (Name), O.N., C.D., Governor General of Jamaica, the Letters of Credence accrediting me as Ambassador Extraordinary and Plenipotentiary of the United States of America to Jamaica. I take this opportunity to assure you of my desire to maintain and strengthen the excellent relations, both official and personal, which already exist between our two countries and our two missions. Please accept, Excellency, the assurances of my highest consideration.   (Signature)   His Excellency ………………. Ambassador of Jamaica Kingston

 

EXHIBIT 2 PERSONAL NOTE   AMBASSADOR AUSTRALIAN EMBASSY Kyiv   4 June, 20...   Excellency: I have the honor to inform you that I shall be leaving Ukraine on Sunday 8 June, 20..., and shall return to Ukraine on Wednesday 18 June, 20....   During my absence from Ukraine, the Embassy will be in the charge of Mr. (Name), Counsellor, in the capacity of Chargé d'Affaires a.i. Please accept, Excellency, the assurances of my highest consideration.   (Signed) (Name)   His Excellency Mr...., Minister of Foreign Affairs of Ukraine, Kyiv

III. Circular notes.

 

A circular note is a diplomatic note containing an official communication (a statement or information) addressed to a number of persons or intended for general circulation.

 

EXHIBIT3 CIRCULAR NOTE   Note No. 110   The Embassy of the Federal Republic of Nigeria presents its compliments to the Diplomatic Missions in Kyiv and has the honour to inform the Latter that His Excellency Mr. Isa Moddibo, Ambassador Extraordinary and Plenipotentiary, will be away from Kyiv from September 12, 20.... In his absence Dr. L.E. Okogwu, Minister-Counsellor, will be in charge of the Embassy in the capacity of Chargé d'Affaires a.i. The Embassy of the Federal Republic of Nigeria avails itself of this opportunity to renew to the Diplomatic Missions in Kyiv the assurances of its highest consideration.   (Seal of the Embassy)   Kyiv, 12th September, 20...   TO ALL DIPLOMATIC MISSIONS, Kyiv

 

 

Task 10. Write a note verbale on behalf of the UN Secretariat using the information below. See tables below:

Addressee: Permanent Mission of the Republic of... to the United Nations.

Date: 24 February 20____.

Reference: AD 315 (1) HQ (3).

Subject: Reply to the Permanent Mission's request to place the Economic Research Institute of... on the official mailing list for copies of the indicated series of publications. A special shipment of back issues is to be arranged, the details of which will be communicated to the Permanent Mission in due course.

Task 11. Study the notes below paying attention to the structure of these documents. Using the models below draft your own note verbale to inform the diplomatic missions on the absence of the ambassador for some reason:

 

 

Note Verbale
OPENING LINES
The Secretary-General of the United Nations		the Permanent Representative of (name of country) to the United Nations		to inform him that …
		the Minister for Foreign Affairs of (name of country)		to acknowledge (the) receipt of his note No. 17 of 10 December 20____
The Secretariat of the United Nations	presents his (its) compli-ments to	the Permanent Mission of (name of country) to the United Nations	and has the honour	to refer to its note dated 14 November 20____
		the Secretary-General of the United Nations
The Permanent Representative to the United Nations		the Permanent Representatives (and Permanent Observers) to the United Nations		to transmit herewith the programme o activities in …
		the Secretary-General
		the Secretary-General of the United Nations
The Permanent Mission to the United Nations		the Permanent Missions (and Officers of Permanent Observers) to the United Nations		to inform them that …

 

Note Verbale
CONCLUDING LINES
The Secretary-General of the United Nations		the credentials of representatives and the names of alternate representatives and advisers could be submitted to him not less than twenty-four hours before the first meeting.
The Secretariat of the United Nations	would be grateful if / would appreciate it if	the names of the representatives who will attend the session could be communicated to the Secretary-General as soon as possible.
The Permanent Representative to the United Nations		the Secretary-General would have this note circulated as an official document of the General Assembly under item 21 of the agenda.
The Permanent Mission to the United Nations	avails himself (itself) of the opportunity	to extend (renew) to the Permanent Representative to the United Nations (to the Ministry of Foreign Affairs) the assurance(s) of his (its) highest consideration.

 

 

Task 12. For studying more material see Appendix 1, 2 and 3.

 

 

APPENDIX 1

 

 

EXHIBIT 1 NOTE VERBALE Secretary-General to Minister for Foreign Affairs   United Nations New York   Reference:   The Secretary-General of the United Nations presents his compliments to the Minister for Foreign Affairs of... and, in accordance with rule 7 of the Rules of procedure of the Economic and Social Council, has the honour to state that the... session of the Council will open on Monday, 8 May 20___, at 11 a.m., at United Nations Headquarters, New York. The provisional agenda has been issued as document E /4295. The Secretary-General would appreciate it if, in accordance with rule 19 of the Council's Rules of procedure, the credentials of representatives and the names of alternate representatives and advisers could be submitted to him not less than twenty-four hours before the first meeting which the representatives are to attend.   10 February 20 ___ (initialled)

 

EXHIBIT 2 NOTE VERBALE Secretariat to Permanent Mission   United Nations New York   Reference: NGO Cttee (special session)   The Secretariat of the United Nations presents its compliments to the Permanent Mission of... to the United Nations and has the honour to refer to its note dated 13 November 20___regarding the special session of the Committee on Non-Governmental Organizations. At the request of the Chairman of the Committee on Non- Governmental Organizations, after consultation with the members of the Committee, the special session has been rescheduled and will now be held from 30 January to 3 February 20___. The Secretary-General would appreciate it if the names of the representatives who will attend the session could be communicated to him as soon as possible.   12 January 20____ (initialled)

 

EXHIBIT 3 NOTE VERBALE Protocol & Liaison Service to Permanent Missions   United Nations New York   Reference:   S ubject: Joint reception given by the President of the General Assembly and the Secretary-General on Friday, 28 September 20___. The Protocol and Liaison Service has the honour to inform the Permanent Missions that the reception given by the President of the General Assembly and the Secretary-General of the United Nations in honour of the Chairmen of Delegations to the XXXIXth Session of the General Assembly and the Permanent Representatives to the United Nations and their spouses, will take place on Friday, 28 September 20___, from 6:30 to 8:30 p.m., at the United Nations Headquarters. The Protocol and Liaison Service kindly requests the Permanent Missions to keep the date of this occasion open. Invitations will be forwarded at the appropriate time.   10 August 20___ (initialled)

 

EXHIBIT 4 NOTE VERBALE Permanent Mission to Secretary-General   UNITED NATIONS   General Assembly   Forty-first session Item 21 of the provisional agenda   INTERNATIONAL YEAR OF PEACE   Note verbale dated 11 September 20___ from the Permanent Mission of... to the United Nations addressed to the Secretary-General The Acting Permanent Representative of the Republic of...to the United Nations presents his compliments to the Secretary-General of the United Nations and, with reference to the latter's note, dated 16 May 20___, concerning the International Year of Peace, has the honour to transmit herewith the program of activities in... for the International Year of Peace (see annex). The Acting Permanent Representative would be grateful if the Secretary-General would have this note and its annex circulated as an official document of the General Assembly under item 21 of the provisional agenda.

 

EXHIBIT 5 NOTE VERBALE Permanent Mission to Permanent Mission(s)   PERMANENT MISSION OF... TO THE UNITED NATIONS NEW YORK   Reference:   The Permanent Mission of... to the United Nations presents its compliments to the Permanent Missions and Offices of the Permanent Observers to the Organization and has the honour to inform them that His Excellency, President of the Republic of..., will address the General Assembly on Monday, October 15, 20___, as the first speaker of the morning Session. His Excellency, President of the Republic of..., shall be honoured and pleased to greet the Heads of Delegations and Permanent Representatives, and the Permanent Observers, at the United Nations Delegates Lounge, shortly after his address. The Permanent Mission of... avails itself of this opportunity to renew to the Permanent Missions and Offices of the Permanent Observers the assurances of its highest consideration.   24 October 20___ (initialled)

 

EXHIBIT 6 NOTE VERBALE (forwarding a communication)   Reference:   The enclosed communication dated... is transmitted to the permanent missions of the States Members of the United Nations at the request of the Permanent Representative (s) of... to the United Nations.   18 February 20___

 

APPENDIX 2

 

EXHIBIT 1 PERSONAL NOTE CANADIAN EMBASSY AMBASSADE DU CANADA May 21, 20... Moscow   Excellency, I have the honor to inform Your Excellency that I returned to Moscow today and have resumed charge of the Embassy. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. (Signed) (Name) Ambassador   His Excellency Mr...., Minister of Foreign Affairs of the Russian Federation, Moscow

 

EXHIBIT 2 PERSONAL NOTE   New Zealand Embassy MOSCOW 9 October, 20...   Sir, I have the honor to inform you that I am leaving Moscow today upon the termination of my mission as Ambassador Extraordinary and Plenipotentiary of New Zealand to the Russian Federation. Until the arrival of my successor, Mr. Trevor Hughes, Counsellor, will be in charge of the Embassy in the capacity of Chargé d'Affaires a.i. I should like to take this opportunity to express to Your Excellency my sincere appreciation of the friendly relations, both official and personal, which exist between our two countries and missions. Please accept, Sir, the assurances of my highest consideration. (Signed) Gerald McGhie Ambassador   The Chargé d'Affaires a.i. Embassy of Bulgaria MOSCOW

 

EXHIBIT 3 PERSONAL NOTE   New York, November 04, 20... Dear Mr.... We kindly request you to give instructions to accredit for participation in the Fifty... regular Session of the UN General Assembly H.E. Mr...., Ambassador Extraordinary and Plenipotentiary, Head of the Russian Federation Delegation at the Vienna CSCE Forum (in the capacity of a Special Adviser to the Russian delegation at the Session).   Sincerely yours, (Signed) Executive Secretary of the Russian Federation delegation at the...th Session of the UNGA Mr.... Assistant Secretary-General Chief of Protocol UN Secretariat New York, N.Y. Room S-0201A

 

APPENDIX 3

 

 

EXHIBIT 1 CIRCULAR NOTE   Note No. 267   The Embassy of the Federal Republic of Nigeria presents its compliments to the Diplomatic Missions in Kyiv and has the honour to inform the Latter that His Excellency Mr. Zubair M. Kazaure, Ambassador Extraordinary and Plenipotentiary, has returned to Kyiv and resumed direction of the Embassy. The Embassy of the Federal Republic of Nigeria avails itself of this opportunity to renew to the Diplomatic Missions in Kyiv the assurances of its highest consideration.   (Seal of the Embassy)   Kyiv, 27th September, 20...   TO ALL DIPLOMATIC MISSIONS, Kyiv

 

EXHIBIT 2 CIRCULAR NOTE   KBSR 1/89 EMBASSY OF MALAYSIA   The Embassy of Malaysia presents its compliments to the Diplomatic Missions in Kyiv and has the honour to inform them that Ambassador Mohamed Haron will be away from Kyiv from 16th December, 20... to 5th January 20.... During the absence of the Ambassador, Mr. Azman Mohd. Nazir, Counsellor, will be in charge of the Embassy as Chargé d'Affaires, a.i. from 17th to 22nd December 20... and from 1st to 5th January, 20.... Mr. Hashim Ismail, Second Secretary, will be in charge of the Embassy in the absence of the Ambassador and the Counsellor from 23rd to 31st December, 20.... The Embassy of Malaysia avails itself of this opportunity to renew to the Diplomatic Missions in Kyiv the assurances of its highest consideration. (Seal of the Embassy)   Kyiv, 15th December, 20...

 

EXHIBIT 3 CIRCULAR NOTE   EMBASSY OF GREECE IN BUDAPEST NO 050.1/1657/AS 818   The Embassy of Greece in Budapest presents its compliments to the Diplomatic and Consular Missions accredited in Budapest and has the honour to inform them that Mr. Emmanuel Kalpadakis, Ambassador of Greece, will be away from Hungary from Monday, August 1st until Sunday, August 21st. During his absence, Mr. Elefthe rios Proios, First Secretary of Embassy, will be in charge as Chargé d'Affaires ad interim. A reply to this Note is not required. The Embassy of Greece avails itself of this opportunity to renew to the Diplomatic and Consular Missions the assurance of its highest consideration.   Budapest, 1st August, 20... (Seat of the Embassy)   To the Diplomatic and Consular Missions accredited in Budapest

 

EXHIBIT 4 CIRCULAR NOTE   Botschaft der Bundesrepublik Deutschland   Prot   The Embassy of the Federal Republic of Germany presents its compliments to the Diplomatic Missions in Budapest and has the honour to inform them that Dr. Hans Alfred STEGER, Ambassador of the Federal Republic of Germany, will be absent from Hungary during the period from 1 to 20 September 20.... During his absence, Dr. Detlof von Berg, Counsellor, will be in charge of the Embassy in the capacity of Chargé d'Affaires a.i.   The Embassy of the Federal Republic of Germany avails itself of this opportunity to renew to the Diplomatic Missions in Budapest the assurances of its highest consideration.   Budapest, 24 August, 20... (Seal of the Embassy)   To all Diplomatic Missions in Budapest

 

EXHIBIT 5 CIRCULAR NOTE   Note No. 169   The Embassy of the Federal Republic of Nigeria presents its compliments to the Embassies in Kyiv and has the honour to inform the latter that His Excellency Mr. Zubair M. Kazaure, Ambassador Extraordinary and Plenipotentiary, returned to Kyiv and resumed the direction of the Embassy.   The Embassy of the Federal Republic of Nigeria avails itself of this opportunity to renew to the Diplomatic Missions in Kyiv the assurances of its highest consideration.   (Seal of the Embassy) Kyiv, 21st August, 20…   TO ALL EMBASSIES, Kyiv

III. Treaties

 

Lead-in

 

In international law and diplomatic practice the term "treaty" is used in two senses. In a generic sense, it refers to all agreements between states which are of a binding character, and in a restricted sense it refers to a title given to instruments containing such international agreements.

Task 1. Read the text and get ready to answer the checkup questions:

1. What are the most typical forms of international agreement?

2. What does the term ''treaty" imply in a generic and a restricted sense?

3. What is the compositional design of treaties and conventions?

4. Which part of a treaty contains a statement of the purpose?

5. And which part embodies the substantive commitments undertaken by the contracting parties?

6. How is the authenticity of the text established?

7. What languages are used in treaties and other international compacts?

 

Instruments setting out agreements between states bear different titles, such as Treaty, Agreement, Convention, Protocol, Act, Declaration, Statute, Regulations, Provisions, Pact, Covenant, Compromis, Accord, Arrangements, Modus Vivendi, Exchange of Notes and Concordat. It is, however, not obligatory to give a title to an international agreement, as agreements can be concluded even by exchange of letters or notes. Some of the agreements are highly formal in character whilst others are not. The titles given to international agreements have little significance from the legal point of view, as all international agreements, by whatever name called, are equally binding in nature. In diplomatic literature, the terms "treaty", "convention", and "protocol" are all applied more or less indiscriminately to international agreements. Sometimes the same instrument is designated in different places in its text by different terms. There is no obvious explanation for this diversity of terminology.

International law prescribes neither the form nor the procedure for the making of international engagements, and consequently their form depends upon the will and convenience of the parties. In practice it is governed also by usage and varies depending on whether agreement is reached between states, heads of state, governments (increasingly used), or particular ministers or de­partments.

It is not every international instrument, however formal it may be, that would be regarded as a treaty. Unless the instrument creates contractual obligations between two or more states, the essential requirements of a treaty are not fulfilled. The binding nature of treaty obligations is the oldest and doubtless the most fundamental rule of international law.

Of all international engagements which are intended to have an obligatory character the most important are "treaties", the term being derived from the French trailer [ < L. tractare ], which means " to negotiate ".

Task 2. Read the text below and find Ukrainian equivalents for the words in bold.

Task 3. Read the text below and fill in the gaps with suitable words:

 

1. heads 2. place 3. signature 4. requirements

5. engagement 6. covers 7. Latin 8. number

 

The next most solemn type of international a) … is the "convention", derived from the b) … word conventio meaning "agreement". This term is frequently, though not necessarily, employed in connection with agreements to which a large c) … of countries are parties, and especially to agreements of the lawmaking type.

The treaty document d) … the following parts:

1. The preamble containing:

1. a list of the e) … of state in whose names the treaty is concluded;

2. a list of plenipotentiaries;

3. usually a statement of the purposes and objectives of the treaty, sometimes accompanied by a recital of principles and circumstances;

d) a declaration that the plenipotentiaries have the necessary powers.

2. The text generally containing, in the form of numbered articles, the respective agreements of the signatories. It also indicates:

(a) the f) … for bringing the treaty into force;

(b) its duration;

(c) the place where the exchange of ratifications will take g) ….

3. The final clauses, specifying that the plenipotentiaries have led the treaty and have affixed their seals thereto, and including information on:

(a) the number of signed copies;

(b) if in more than one language, the languages used, and that it is equally authentic;

(c) the place and date of h) ….

 

Task 4. Read the text below and fill in the gaps with suitable sentences:

 

1. Sometimes, however, when an appreciable interval occurs between the conclusion of the negotiations and the signature of a treaty, the plenipotentiaries append to it their initials ne varietur as a guarantee of the authenticity of the text.

2. In the case of treaties of a general nature – multilateral treaties – concluded between many states, the usual practice was to use French, but now French and English.

3. The depositary has functions of considerable importance relating to matters of form, including provision of information as to the time at which the treaty enters into force.

4. The provisions of a treaty determine the manner in which and date on which the treaty enters into force.

 

According to the importance of a treaty, the preamble can be more or less enlarged. The statements in the final clauses are, on contrary, usually identical.

a)... Where the treaty does not specify a date, there is a presumption that the treaty is ended to come into force as soon as all the negotiating states have consented to be bound by the treaty.

After a treaty is concluded, the written instruments, which provide mal evidence of consent to be bound by ratification, accession, and so on, and also reservations and other declarations, are placed the custody of a depositary, who may be one or more states, or international organization. b) … The United Nations Secretariat plays a significant role as depositary of multilateral treaties.

As regards treaties, conventions, etc., these, when concluded between two countries, are now ordinarily signed in two texts, viz., in the respective languages of the two countries, though exceptions occur. c) … The concluded under the auspices of the United Nations norm; have texts in its official languages, all equally authentic.

The authenticity of the text is established by means of signatures of the plenipotentiaries.lt will depend on the circumstances whether signature alone is sufficient to bring the treaty into force or whether some further step, such as ratification necessary. d) … (From A Diplomat’s Handbook of International Law and Practice by B. Sen)

 

Task 5. Match the terms with their definitions. Consult the dictionary if necessary:

 

1. alternat 2. ratification 3. signatory 4. accord 5. plenipotentiary 6. accession 7. final act 8. protocol 9. covenant 10. denunciation

a) an agreement of solemn nature b) a formal summary or statement of the proceedings of a conference or congress, enumerating the treaties or conventions drawn up as the result of its deliberations c) a notification by a state of its intention to terminate a treaty (armistice, etc.) d) an instrument subsidiary to a convention e) the act by which a nation becomes a party to a treaty (convention, etc.) already in force f) a diplomatic agent invested with full powers g) approval of a treaty (convention, etc.) by a formal confirmation, signature, etc. h) a formal treaty or agreement i) a special rule followed during the conclusion of a multilateral treaty, entitling each state party to precedence in the original text retained by it j) a party or state that has signed a treaty (convention, etc.)

 

 

ASSIGNMENTS

 

Task 1. Complete the following sentences using the required information from the above text:

l. In international law and diplomatic practice the term "treaty" is used in.... 2. Instruments setting out agreements between states bear different titles, such as... 3. It is not obligatory to give a title to an international agreement, as.... 4. International law prescribes neither... nor.... 5. The form of a treaty is governed by... and varies depending on.... 6. The provisions of a treaty determine.... 7. The authenticity of the text is established by means of....

 

Task 2. Suggest the Ukrainian equivalents for the following:

 

1) accession; 2) the authenticity of the text; 3) a binding international agreement; 4) contractual (treaty) obligations; 5) entry into force; 6) the exchange of ratifications; 7) equally authentic; 8) the final clauses of a treaty; 9) a multilateral treaty; 10) the negotiating states; 11) a party to a treaty; 12) the plenipotentiaries; 13) the provisions of a treaty; 14) the signatory governments; 15) under the auspices of the United Nations; 16) to affix one's seal; 17) to place (an instrument) in the custody of a depositary.

 

Task 3. Memorize the phrases below, suggest their Ukrainian equivalents:

 

1) determined to continue negotiations; 2) expressing their firm resolve to contribute to; 3) firmly believing that; 4) guided by the interests of consolidating peace; 5) proceeding from the close relations of all-round cooperation existing between them; 6) recalling the Declaration of the UN Conference; 7) striving to continue the development of; 8) wishing to contribute to the cause of halting the arms race; 9) have resolved to conclude this Treaty; 10) and have agreed as follows.

 

Task 4. Study the use of italicized words in different phrases, suggest their Ukrainian equivalents:

 

~ TREATY ~

 

a basic ~; a binding a boundary ~; a collective ~; a commercial a demarcation ~; an (in)equitable an international ~; a non-aggression a non-proliferation ~; an open a peace a restricted ~; Strategic Offensive Arms Limitation T.; a trade a universal ~;

 

a ~ of alliance; a ~ of cession; a ~ of commerce and navigation; a ~ of friendship, cooperation and mutual assistance; a ~ of guarantee; a ~ of mutual security; a ~ of neutrality; a ~ of unlimited duration; breach of an international ~; the coming of a ~ into force; denunciation of a ~ prolongation of a ~; renunciation of a ~; the substantive articles of a ~;

 

to accede to a ~; to adhere to a to conclude a ~; to denounce a ~; to enter into a to extend the validity of a to initial a ~; to observe a ~; to prolong the validity of a to ratify a ~; to register a ~; to render a ~ invalid; to renounce a ~; to sign a to violate a ~; to withdraw from a ~.

~ NEGOTIATIONS ~

 

arms-control ~; bilateral ~; cease-fire ~; diplomatic ~; fruitful ~ multilateral ~; peace ~; separate ~; stage-by-stage ~; top-level ~ trade ~; ~ on medium-range nuclear force; - on a wide range of issues, a new round of ~; a breakdown in the ~; completion of ~; an outcome of ~; postponement of ~; progress of ~; results of ~; by means of ~ in the course of ~; through ~; within the framework of ~; to begin ~; to break off-; to carry on ~; to complete ~; to conduct ~; to continue to delay ~; to discontinue -; to enter into ~; to hold to initiate ~; to resume ~; to suspend ~; to torpedo ~; to wreck ~.

 

~ TO NEGOTIATE ~

 

to ~ a loan; to ~ a sale; to ~ a treaty; to ~ terms of peace; to ~ for a cease-fire; to ~ for peace; to ~ for a truce; to ~ from a position of strength.

 

Task 5. Suggest the English equivalents for the following:

 

1) безстроковий договір; 2) договір про взаємну безпеку; 3) договір про нерозповсюдження ядерної зброї; 4) договір про встановлення кордонів; 5) набрання чинності договору; 6) нерівноправний договір; 7) порушити договір; 8) парафувати договір; 9) дотримуватись договору; 10) подовжити чинність договору.

 

Task 6. Find out the meanings of "whilst", "thereof' and "whereof", as used in the text and exhibits. Consult a dictionary:

1. Some agreements are highly formal in character, whilst others are not. 2. The Secretary-General of the United Nations shall transmit duly certified copies thereof to the Governments of the signatory and acceding States. 3. In witness whereof the undersigned, being duly authorized for that purpose, have signed this Treaty.

 

Task 7. Memorize the archaic words below pertaining to the formal style. Translate into Ukrainian using the following definitions:

hereafter: after this; following this; from now on; in the future; hereat: at this time; as a result of this; hereby: by or through this; by this means; herein: in or into this place; in this matter, writing; hereinafter below I (in this document, speech, etc.); hereinbefore: in a preceding part (of this document, speech, etc.); hereinto: into this place; into this matter, condition; hereof: of this; from this; concerning this; hereto: to this matter; hereupon: after this; immediately following this; in consequence of this;; herewith: along with this; by this method or means.

 

Task 8. Translate the following into Ukrainian paying attention to the words in bold type:

 

1. Subject to the provisions of the instruments relating to the meetings specified hereunder the Director-General shall take all necessary steps for the application of the present Regulations. 2. The States Parties to the present Covenant have submitted the reports on the progress made in achieving the observance of the rights recognized herein. 3. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). 4. It shall consist of eighteen members and shall carry out the functions hereinafter provided. 5. The General Conference invites the Director-General to take into account considerations annexed hereto. 6. For the financial period 1994-1996 the amount of $625, 374, 000 is hereby appropriated for the purposes indicated in the appropriation table. 7. The International Maritime Satellite Organization herein referred to as "the Organization", is hereby established.

 

Task 9. Study the use of “pending” in different phrases. Mind that, when used as a preposition, it may correspond to the Ukrainian “до”, “в очікуванні”, “під час” and “протягом”. Then translate the following sentences with these phrases:

PENDING

a) the achievement of its objectives b) the conclusion of such arrangements c) the filling of a vacancy d) the final decision e) a permanent settlement of the issue f) such ratification g) these negotiations

 

1) The Assembly declared, that, pending the establishment of an international regime, States were bound to refrain from all activities of exploitation of the resources of the area beyond the limits of national jurisdiction. 2) Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council. 3) Separate assemblies and conferences of representatives of States and organizations continue to be held pending the formal accession to membership in WIPO (World Intellectual Property Organization) of other this letter. 4) Pending ratification the Government of the Republic of Cyprus undertakes to give provisional application to the arrangements contained in this letter. 5) Deficiency in the number of representatives on the Council pending the filling of a vacancy shall not invalidate the composition of the Council. 6) Pending the final decision, the tribunal may indicate any measures which it considers ought to be taken. 7) The Director-General may assume his functions after appointment and pending confirmation.

 

Task 10. Memorize the following expressions. Then translate the sentences given below into Ukrainian:

having regard for (to) having respect for	звертаючи увагу на з повагою до
in this regard / in this context / in this respect	у цьому плані / у цьому контексті / у цьому відношенні / у цьому зв’язку
in regard to / as regards / regarding / with regard to (for) as to / as for in respect of (for) / with respect to concerning / as concerns	у сфері / у відношенні / з точки зору/ що стосується / з погляду / стосовно / у зв’язку / з приводу
with due regard to	враховуючи належним чином
to regard as	розглядати як

 

1) National cultural industries should be regarded as one of the most important factors in endogenous cultural development. 2) The action of UNESCO should be based on the democratization of education with due regard to the extension of lifelong education. 3) Regarding the forms of the Organization’s action in the field of education regional cooperation can be seen as being particularly worthy of consideration as regards regional exchanges of experience. 4) The exceptional importance of the search for solutions with regard to the rational use of natural resources will warrant particularly close attention. 5) Any measure in this respect must be based on the recognition of the inalienable right of all states freely to dispose of their natural wealth and resources.

 

Task 11. Study the following table. Mind that the English expressions below correspond to the Ukrainian “згідно (з чимось)”, “на виконання (чогось)”, and “відповідно до (чогось)”. Then fill in each blank with the required preposition:

 

in	accordance compliance conformity keeping line	with
pursuance	of
pursuant according	to

 

1) The State Parties … the present Covenant shall respect that right … pursuance … the provisions … the Charter. 2) Reservations … this Protocol may be made … compliance … international law. 3) … the arbitral decision, the Contracting Party which has made known its dissatisfaction shall have the right to require the other Contracting Party to maintain the tariffs previously … force. 4) The second paragraph … article 27, paragraph1, shall also apply … any information which, … virtue … this article, is supplied … the competent authority … the requested State. 5) … the event … denunciation, the Contracting Parties shall take all necessary action to ensure the continuation and completion … all contracts signed … this Protocol. 6) The Chairman shall exercise the powers … his office … accordance … customary practice.

 

Task 12. Translate the following into English taking note of the words and phrases in bold type:

 

1) Згідно з основними зобов’язаннями, викладеним у статті 2 чинної Конвенції, держави-учасники зобов’язуються не допускати расової дискримінації у всіх її проявах. 2) Відповідно до статті 48 Генеральний секретар Організації Об’єднаних Націй повідомляє представників держав-учасників ООН щодо всіх поточних змін в роботі Організації. 3) Виконуючи свої зобов’язання, що випливають з Статуту ООН і стосуються прав людини та основних свобод, Економічна та Соціальна Рада може укладати угоди з спеціалізованими установами, діяльність яких спрямована на реалізацію цих прав та свобод. 4) Згідно з рекомендаціями наради експертів були значно посилені програми у сфері енергетики. 5) На виконання резолюції 9.1. секретаріат сприяв підготовці доповідей з питання, що обговорювалось.

 

Task 13. Define the term "alternat", as seen from the text below:

 

International courtesy has established a custom called "rotation in pre­cedence" (alternat) which confers on each state the right to occupy, in rotation, the place of honour in signing international acts in which it participates. This means that, when the final documents are drawn up, the first place in the list of the participating powers is given successively to each of the signatory states. Its plenipotentiary moves to the head of the list and signs at the place of honour, that is to say, at the left if the names of the signatories are placed side by side, or at the top if they are disposed vertically. Each state receives the signed original of the convention where its name appears first. This procedure is not normally followed in the signature of multilateral acts, because it is now customary to sign only one original of such documents.

The other plenipotentiaries then sign in the order previously agreed upon. This manner of presentation must be exactly respected in the instruments of ratification, in the official reports of the exchange of instruments of ratification and at the time of the official publication of the texts.

It should be noted that, according to the language employed for the drafting of a convention, the alphabetic order of the states can vary appreciably.

 

Task 14. Study the preamble to the Treaty on the European Union. Suggest the Ukrainian for the italicized words and phrases:

 

TREATY

On the European Union

 

HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OFTHE FEDERAL REPUBLK OF GERMANY, THE PRESIDENT OF THE HELLENIC REPUBLIC, HER 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 0F LUXEMBOURG, HER MAJESTY THE QUEEN OFTHE NETHERLANDS THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY THE 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 efficient 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 an 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, w ensuring the safety and security of their peoples, by including provision: justice and home affairs in this Treaty,

Resolved to continue the process of creating an ever closer union of the peoples of Europe, in which decisions are taken as closely as possible 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 design; as their Plenipotentiaries:

……………………………………………………………………………………

 

WHO, having exchanged their full powers, found in good and due form have agreed as follows.

 

Task 15. Translate the extract from the Covenant on Civil and Political Rights into Englis