Text 3 International Criminal Law
horror - ужас
to spawn – порождать, вызывать host - множество
perpetrator – нарушитель, преступник to aspire – стремиться, домогаться entity – (юр.) лицо, сущность customary – обычный, традиционный
comprehensive – всеобъемлющий, обширный
The horrors of the Second World War spawned a host of developments in international law. Among the most significant was the crystallization of the principle that violation of certain norms of international law could give rise to individual criminal responsibility. According to this principle, certain serious violations of international law would engage not only the classical form of responsibility in international law, i.e., the responsibility of the state, but also that of the individual human beings perpetrating the violation. Such perpetrators could be criminally prosecuted and punished for these violations of international law.
The emergence of this principle was primarily driven by the need to develop effective means of enforcement. As reasoned by the International Military Tribunal at Nuremberg, “Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced.”
The principle of individual criminal responsibility for violations of certain international norms has now crystallized in treaty law as well as customary international law. The Rome Statute of the International Criminal Court (ICC), adopted in 1998, provides the most comprehensive codification to date of international criminal law. Included within its subject matter jurisdiction are the crimes of aggression, genocide, war crimes, and crimes against humanity. The treaty has been widely ratified, and its Assembly of States Parties aspires to near universal participation.
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None the less, the development of international criminal law is a relatively recent phenomenon and takes particular significance in this context. Further, not with standing the fact that these norms directly bind individual human beings, it is essential to bear in mind that these norms were generated in an inter-state legal system. Thus, for example, certain crimes will require an inter-state element in order to engage the criminal responsibility of the individual under international law.
Comprehension Question
1.What was the most significant principle of international law?
2.What legal norms does that principle include?
3.Is universal participation necessary for international law treaties? Why?
4.Why do certain crimes require jurisdiction of international law?
5.When was first the principle of individual responsibility formulated?
Text 4 Law of the Sea to stand out – выделяться, выступать
the High Seas – море за пределами территориальных вод, открытое море surface – поверхность
to draw up – разработать, создать to accede – соглашаться, примыкать
the Contiguous Zone – прилегающая зона
conservation of the Living Resources – сохранение живых ресурсов compulsory – обязательный, принудительный
settlement of disputes – урегулирование споров binding – обязательный
customary law – обычное право consequently – следовательно
The adoption in 1982 of the Law of the Sea Convention stands out as a major legal and political achievement for the international community. The law of
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the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth’s surface.
The law of the sea was to a large extent codified by the first United Nations Conference on the Law of the Sea (UNCLOS I) at Geneva in 1958, which drew up four conventions: the Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on Fishing and Conservation of the Living Resources of the High Seas, and the Convention on the Continental Shelf 2. These conventions were ratified or acceded to by forty-six, fifty-seven, thirty-six and fifty-four states respectively, while thirty-eight states became parties to the Optional Protocol on the compulsory settlement of disputes. Most of the provisions of the first two conventions, and some of the provisions of the Convention on the Continental Shelf, codified customary law. Consequently, although the conventions as such are binding only on states which are parties to them, many of their provisions can be used as evidence of customary law even against states which are not parties to them. (However, provisions which were declaratory of customary law in 1958 are not necessarily declaratory of customary law today, because, as we shall see, some rules of customary law have changed since 1958.)
Ex.1 Read the statements and agree or disagree with them (True or False):
1.The adoption in 1982 of the Law of the Sea Convention was a great legal and political achievement for the international community.
2.The law of the sea maintains rational usage, management and governance of the unbelievable ocean resources and spaces.
3.The ocean spaces cover over half of the Earth’s surface.
4.The law of the sea was adopted by the first United Nations Conference on the Law of the Sea (UNCLOS I) at Geneva in 1958.
5.The Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on Fishing and Conservation of the Living
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Resources of the High Seas, and the Convention on the Continental Shelf 2 were adopted at the basis of United Nations Conference on the Law of the Sea.
6.Most of the provisions of those conventions codified administrative law.
7.Many provisions of those conventions are binding for states which are not parties to them.
Comprehension Questions
1.What was the essence of adoption of the Law of the Sea Convention in 1982?
2.What does the law of the sea provide for the ocean spaces?
3.What part of the Earth’s surface do the ocean spaces cover?
4.When were four major conventions of the Sea Law drawn up?
5.When does the Sea Law apply?
Text 5 International Economic Law seminal – (здесь) плодотворный, конструктивный encompass – окружать, охватывать
trade - торговля
acknowledge – 1) сознавать 2) подтверждать relevant – уместный, относящийся к делу multilateral - многосторонний
"International economic law" is an increasingly seminal field of international law that involves the regulation and conduct of states, international organizations, and private firms operating in the international economic arena. As such, international economic law encompasses a broad range of disciplines touching on public international law, private international law, and domestic law applicable to international business transactions.
For several decades, international economic law was most often associated with international trade, largely due to the fact that trade had developed the most mature multilateral legal institutions (e.g. the GATT and later WTO) for governing
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international commerce. Today, however, a range of disciplines are routinely acknowledged as being as impactful and relevant to the field, including:
1.International monetary law;
2.International financial regulation (including banking, derivatives, insurance and securities regulation);
3.International development;
4.International labor and services law;
5.International investment law, including international commercial arbitration;
6.International intellectual property law;
7.International tax law;
8.International environmental law;
9.Sovereign debt and restructuring.
Comprehension Questions
1.Why is "International economic law" considered to be an increasingly seminal field of international law?
2.Where does International economic law operate?
3.What legal disciplines does international economic law touch?
4.What economic branches is international economic law most often associated with?
5.Could you give any examples of International economic law application?
Text 6 Human Rights Law binding legal effect – обязательный юридический эффект customary international law – обычное международное право to derive from – происходить (от)
rule of conduct – правило поведения obligation – обязательство, долг
to occur – случаться, происходить abuses – злоупотребления
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