V. Read and translate the following definitions and try to remember them.

covenant – an formal agreement of solemn nature that is legally binding.

concordat – an agreement between a State and the Church for the settlement of ecclesiastical affairs.

Accord – a formal treaty or agreement.

Provisions – legal or formal statement providing for something.

 

VI. Read the information about International Documents.

AGREEMENTS

The term «agreement», like the term «treaty» itself, is used in a number of senses. In a generic sense, it covers any meeting of minds.

In a restricted sense, the term “agreement” means an agreement intended to have an obligatory character but usually of a less formal nature than a treaty. Like treaties, agreements in this restricted sense may be concluded between Heads of State, between States or between Governments.

Agreements are frequently concluded by exchange of notes, sometimes referred to as «letters». In such cases, the representative of one government sends the representative of another government a note setting forth the arrangements proposed or to be agreed upon. The reply agrees to and frequently repeats the terms of the first note.

А temporary or working arrangement made in order to bridge over some difficulty pending a permanent settlement is usually referred to as modus vivendi. This type of a temporary arrangement is made in a most informal way and does not require ratification. Commercial agreements of a temporary nature have often been entered into in the form of a modus vivendi by the United States as well as Great Britain.

 

 

DECLARATIONS

The term "declaration" usually denotes a treaty that declares existing law with or without modification, or creates new law. It may, however, be pointed out that not all declarations are to be regarded as treaties, as they do not create contractual obligations between two or more states.

Although sometimes declarations (i.e. legally binding agreements) are important international agreements in themselves, they are more often appended to a treaty or convention to form a subsidiary compact, or to place on record some understanding reached or some explanation given. A mere general statement of policy and principles cannot be regarded as intending to give rise to

a contractual obligation in the strict sense of the word.

Ministers for Foreign Affairs, even heads of government or heads of stale, now frequently meet for a few days, even for a few hours, to discuss policies and problems of common interest to their countries. These meetings lead to what is sometimes known under the traditional term of "Declaration" or "Communique".

 

PROTOCOLS

The term «protocol» designates different kinds of official documents recording, in an authoritative and solemn manner, the results of a negotiation. The form is very flexible.

In the field of international agreements, the term «protocol» is most often used to designate particular agreements, less formal than a treaty or convention, which supplement a basic agreement. Protocols are also frequently used to amend multilateral international agreements or to prolong their existence, "the Covenant of the League of Nations, for example, was amended in various articles by a series of protocols.

If, after the conclusion of the negotiation and before the treaty is signed, the high contracting parties desire to add new stipulations, the form of an "additional protocol" may be used. This is then signed on the same day and in the same form as the principal text. Additional protocols are, however, sometimes signed and ratified on later dates.

 

VII. Suggest Ukrainian equivalents for:

in a generic sense

binding character

applied more or less indiscriminately

upon the will and convenience of the parties

contractual obligations

international agreements by whatever names called.

 

VIII. Suggest English equivalents for:

 

вживається у зв'язку з...
у вигляді пронумерованих статей
місце і дата підписання
положення договору
вступати в силу
заключна стаття (договору)
повноважений представник

бути пов'язаним договором
точно визначати (встановлювати) дату
розглядати як договір
досягти угоди
різноманіття термінології
з правової точки зору

 

 

IX. Complete the following sentences using the information from the text.

 

1. 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. International law prescribes neither…

4. The form of a treaty is governed by… and… varies depending on…

5. The provisions of a treaty determine…

6. The statements in the final clauses are, on the contrary,…

7. It is not every instrument, however formal it may be, that would be….

 

 

X. Answer the following questions to the text.

1. Why are the titles of international agreements of little significance from legal point of view?

2. What does the term treaty imply in a generic sense?

3. What does the form of international agreement depend on? Why?

4. What are the essential requirements of a treaty?

5. What type of international engagement do we call a convention?

6. How many parts does a treaty document normally consist of?

7. What are they?

8. How is the date on which the treaty enters into force determined?

 

I семестр

Варіант №5

I. Read and translate the first part of the following text in the written form.

 

English International Documents

DIPLOMATIC COMMUNICATIONS

BETWEEN STATES

I

One major and, in fact, increasingly important aspect of diplomatic work is the drafting of diplomatic documents.

There are many different forms of official diplomatic documents. A considerable proportion consists of documents that are of a purely intradepartmental nature. Another category of diplomatic documents are those through which official international intercourse goes on in written form. Such documents express the position, of a state on a particular question of international affairs.

A large number of diplomatic documents are never published owing to the insignificance of their subject matter (for instance, notes requesting visas). But a fairly large proportion of diplomatic documents, particularly those relating to important international problems, are made public.

2. Until recently diplomatic practice distinguished the following five forms of written official communications:

(1) personal notes, (2) verbal notes (notes verbales), (3) aides-memoire, (4) memoranda, and (5) semi-official letters.

A personal note takes the form of a letter drawn up in the first person on behalf of its signatory. It begins with a salutation and ends with a complimentary phrase, that is, a standard expression of polite respect.

A verbal note is considered to be the most commonly used form of diplomatic communication. It is drawn up in the third person and is not usually signed. It begins and ends with standard formulas of courtesy.

Until fairly recently the choice of the form of note, signed or unsigned, was regarded as a definite indication of the state of relations between the countries concerned. Nowadays verbal notes have become part and parcel of the international intercourse, and no one would now regard a verbal note sent to an embassy as a display of any ill will.

II

The aide – memoire is an informal summary of a diplomatic interview or conversation which serves merely as an aid to memory; usually left at the foreign office by the ambassador or minister concerned at the foreign office.

A memorandum may be a separate and independent document or it may be appended to a personal note or a verbal note. In the latter case the memorandum elaborates and justifies the subject matter dealt with in the note. The

65 distinguishing feature of a memorandum is a detailed exposition of the factual or legal aspects of a particular question.

Semi-official, or informal, letters are sent to officials, with whom one is acquainted, in cases involving personal favours (thanks for an invitation, a request for assistance) or relating to administrative matters.

3. By their content diplomatic documents, whatever their form (notes, declarations, aides-memoire, etc.), may be classified as follows:

a) documents containing proposals;

b) documents registering a protest;

c) documents warning of possible measures of retaliation;

d) documents establishing a political or international legal position in respect of an act committed by another state or states or in respect of an international event;

e) documents announcing measures contemplated or implemented, which are of international significance;

f) documents recording an agreement or a degree of accord reached.

 

Naturally, this classification is in some respect conditional, since in practice any diplomatic document may combine several of the above-mentioned characteristics. Even in that case, however, one of the meanings seems to be predominant.

It is customary in diplomatic correspondence to observe the rules of tact and politeness, to avoid harsh expressions wounding to the dignity of the country to which a diplomatic document is addressed.