Translate the sentences below:
- Without rules to develop and sustain multiple kinds of positive interactions, international relations would be little more than a set of states co-existing in an atmosphere of constant worry over security threats
Без правил, позволяющих развивать и поддерживать различные виды позитивного взаимодействия, международные отношения были бы немногим больше, чем набор государств, сосуществующих в атмосфере постоянного беспокойства по поводу угроз безопасности
- Superpowers on occasion have had to bend their knees in a world conditioned by the existing law as well as by a majority of states pressing for new law
В некоторых случаях сверхдержавы должны были смириться с существующим законом и тем положением, что большинство государств стремились к новому
- As international law channels and controls the push and pull of politics, it can sometimes serve as an instrument to promote justice
Поскольку международное право направляет и контролирует тяни-толкай политики, иногда оно может служить инструментом для обеспечения правосудия
Questions for discussion
1. How does an entity become recognized as eligible for membership in an international society?
In international law, however, there are several theories of when a state should be recognised as sovereign (as a member of international society). The constitutive theory of statehood defines a state as a person of international law if, and only if, it is recognised as sovereign by at least one other state. This theory of recognition was developed in the 19th century. New states could not immediately become part of the international community or be bound by international law, and recognised nations did not have to respect international law in their dealings with them. Hersch Lauterpacht, one of the theory's main proponents, suggested that it is a state's duty to grant recognition as a possible solution. However, a state may use any criteria when judging if they should give recognition and they have no obligation to use such criteria. By contrast, the declarative theory of statehood defines a state as a person in international law if it meets the following criteria: 1) a defined territory; 2) a permanent population; 3) a government and 4) a capacity to enter into relations with other states. According to declarative theory, an entity's statehood is independent of its recognition by other states, as long as the sovereignty was not gained by military force. The declarative model was most famously expressed in the 1933 Montevideo Convention.
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2. Is membership of the UN synonymous with statehood? Introduce a few examples.
Switzerland (2002)
3. What rights and duties do states have under international law[ЖА14] ? Are there any instruments that regulate this issue?
Rights: the right to independence and hence to exercise freely, the right to exercise jurisdiction over its territory and over all persons and things therein, subject to the immunities recognized by international law, the right to equality in law with every other State, right of individual or collective self-defence against armed attack, explore and use the outer space etc.
Duties: to refrain from intervention in the internal or external affairs of any other State, to treat all persons under its jurisdiction with respect for human rights and fundamental freedoms, without distinction as to race, sex, language, or religion, to ensure that conditions prevailing in its territory do not menace international peace and order, to settle its disputes with other States by peaceful means in such a manner that international peace and security, and justice, are not endangered, to refrain from resorting to war as an instrument of national policy, and to refrain from the threat or use of force against the territorial integrity or political independence of another State, or in any other manner inconsistent with international law and order, to carry out in good faith its obligations arising from treaties and other sources of international law, and it may not invoke provisions in its constitution or its laws as an excuse for failure to perform this duty; to conduct its relations with other States in accordance with international law and with the principle that the sovereignty of each State is subject to the supremacy of international law etc.
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Documents: UN Charter, The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (1970), The General Assembly adopted the Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations (1987), Helsinki Final Act (1975), The Geneva Conventions (1949), Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963), Outer Space Treaty (1967) etc.
4. Explain the difference between jus ad bellum and jus in bello .
Jus ad bellum refers to the conditions under which States may resort to war or to the use of armed force in general. The prohibition against the use of force amongst States and the exceptions to it (self-defence and UN authorization for the use of force), set out in the United Nations Charter of 1945, are the core ingredients of jus ad bellum (see the box titled "On the Prohibition against War"). Jus in bello regulates the conduct of parties engaged in an armed conflict. IHL is synonymous with jus in bello; it seeks to minimize suffering in armed conflicts, notably by protecting and assisting all victims of armed conflict to the greatest extent possible.
IHL applies to the belligerent parties irrespective of the reasons for the conflict or the justness of the causes for which they are fighting. If it were otherwise, implementing the law would be impossible, since every party would claim to be a victim of aggression. Moreover, IHL is intended to protect victims of armed conflicts regardless of party affiliation.
5. What options does international law offer for conflict resolution?
Text: International law helps constrain the ensuing political struggle by providing diplomatic and judicial options such as arbitration.
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Article 33
1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
Article 35
Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly
Article 36
In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
6. International law performs several roles. Which one do you think is the most important and why?
Roles: 1. to arrange for the cooperation; 2. identifies the membership of an international society of sovereign states; 3. to regulate the competing interests of the various actors and to carry their agreements; 4. empowers weaker countries; 5. serve as an instrument to promote justice; 6. the outlawry of war.
Text: the most interesting and ambitious role of international law is the outlawry of war.
[ЖА1]safety, safeness, provision - безопасность
[ЖА2]confession, recognition, admission, acknowledgment, acceptance, avowal - признание
[ЖА3]meeting, assembly, collection, congregation, convocation, rally – собрание, форум
[ЖА4]Правовой статус, правосубъектность, правовое положение
[ЖА5]hold back, restrain, curb, constrain, contain, hold – сдерживать, ограничивать
[ЖА6]arbitrage, arbitrament – арбитраж, третейский суд
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[ЖА7]support, maintain, endorse, sustain, encourage, keep in – поддерживать, подкреплять
[ЖА8]enemy, opponent, adversary, foe, rival, antagonist – противники, соперники
[ЖА9]tool, instrument, implement, tackle, apparatus, engine - инструмент
[ЖА10]lawlessness, proscription – объявление вне права
act of putting a person beyond the protection of the law for his refusal to become amenable to the court having legal jurisdiction
[ЖА11]destruction, eradication, annihilation, extermination, abolition, eliminating - уничтожение
[ЖА12]decision, solution, resolution, resolve, award, determination – решение, резолюция
[ЖА13]resulting in the adoption of the United Nations Convention on the Law of the Sea, which has superceded, for those States party to it, the four conventions adopted in 1958
[ЖА14]Draft Declaration on Rights and Duties of States, 1949
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