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1.1.3. STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

1. Read and translate the text into your Ukrainian.

One of the main purposes of the United Nations is "to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace." It was with this aim in view that the Charter of the United Nations created the International Court of Justice as one of the main organs of the United Nations (Articles 1 and 7).

The importance of the place occupied by the Court in the United Nations is emphasized by other provisions of the Charter: the Court is the principal judicial organ of the United Nations (Article 92); further, the Security Council, when called upon to make recommendations in a dispute, the continuance of which is likely to endanger the maintenance of international peace and security, should take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice (Article 36).

The idea of entrusting the settlement of international disputes to an impartial authority, which would give a decision on the basis of law, is a very old one. Examples are to be found in ancient Greece, but the modern development of international arbitration dates from the Jay Treaty of 1794, between Great Britain and the United States, which provided for the establishment of mixed commissions for the settlement of a number of disputes existing between the two countries.

A further stage in the development of the judicial settlement of international disputes was reached with the First Hague Peace Conference of 1899. The Powers which took part in this Conference signed the Hague Convention for the Pacific Settlement of International Disputes and set up the Permanent Court of Arbitration It was maintained by the Second Hague Peace Conference of 1907 and is still in existence.

The creation in 1920 of the Permanent Court of International Justice, for which provision had been made in the Covenant of the League of Nations, marked the greatest advance ,in the field of the judicial settlement of international disputes.

In 1945, a new judicial organ, the International Court of Justice, was brought into being by the Charter of the United Nations. The Statute of the Court is annexed to the Charter, of which it forms an integral part. Except for a few changes, most of which are purely formal, it is similar to the Statute of the Permanent Court of Inter national Justice Furthermore, when the new Court met, it adopted the Rules of Court of its predecessor without any substantial change On 10 May 1972, however, certain amendments were adopted, to take effect the following September, and, on 14 April 1978, the Court adopted a completely revised set of Rules, which came into force on 1 July of that year. The modifications were aimed ill particular at simplifying and accelerating proceedings, to the extent that this depended on the Court, at introducing greater flexibility and at helping parties to keep down costs.

In accordance with Article 38 of its Statute, the International Court of Justice applies (a) international conventions and treaties, (b) international custom, (c) the general principles of law recognized by civilized nations, and (d) judicial decisions and the teachings of the most highly qualified publicists as subsidiary means of the determination of rules of law Furthermore, the Court may decide a case ex aequo et bопо — that is,- according to the principles of equity — if the parties agree thereto.

 

A  Answer the questions:

1. What was the aim of creating the International Court of Justice' 2. Where should legal disputes be referred to? 3 When does the modern development of international arbitration date from? 4 What was the role of the First Hague Peace Conference of 1899? 5. What marked the greatest advance in the field of the judicial settlement of international disputes? 6 When was a new judicial organ brought into being? 7 When did the International Court of Justice adopt a completely revised set of Rules?

 

B  Suggest the Ukrainian for:

1) adjustment or settlement of international disputes; 2) annexed to the Charter; 3) the general principles of law recognized by civilized nations; 4) an impartial authority; 5) a judicial organ; 6) a legal dispute; 7) the principles of equity; 8) a revised set of Rules; 9) to decide a case; 10) to endanger the maintenance of international peace; 11) to keep down costs; 12) to simplify proceedings; 13) to take effect.

 

2. Memorize the phrases below, suggest their Ukrainian equivalents.

1) the fiscal year; 2) the right of membership; 3) the supreme power; 4) to assure the extensive interchange of information; 5) to be best suited to; 6) to be eligible for re election; 7) to benefit by the experience of others; 8) to be terminated by submission of a notice; 9) to contribute effectively to; 10) to delegate one's power to; 11) to pay one's subscriptions; 12) to regulate the activity.

 

3. Study the use of italicized words in different phrases, suggest their Russian equivalents.

LEGAL

~ effect; ~ effects; ~ entity; ~ implications; ~ instrument; ~ force of an agreement; ~ personality; ~ protection; ~ relations; ~ unit; ~ validity; ~ views; international ~ guarantees; international ~ norms.

 

JUDICIAL

~ decision; ~ organ; ~ proceedings; to take (bring) ~ proceedings against smb.

IURIDIC, JURIDICAL

 ~ person; ~ days.

 

4. Memorize the phrases below, suggest their Ukrainian equivalents.

1) to all and singular to whom these Presents shall come, greeting; 2) in pursuance of the aforesaid advice and consent of the Senate; 3) now, therefore, be it known that; 4) I do hereby declare that; 5) for the greater testimony and validity of all; 6) I have the honour to transmit herewith the Instrument of Ratification; 7) to perform and carry out all the stipulations therein contained.

 

5. Study the use of italicized words In different phrases, suggest their Ukrainian equivalents.

ACCESSION

instruments of ~; ~ to a treaty; ~ to the throne; ~ of new members.

 

INSTRUMENT

a constituent ~; an international ~; a legal ~; a le­gally binding ~; an ~ of accession; an ~ of aggression; an ~ of ratification; an ~ of surrender; adoption of new ~s; a compilation of international ~ s of the United Nations.

 

5.1 Suggest the English for:

1) акт про приєднання; 2) поповнення (організації) новими членами; 3) ратифікаційна грамота; 4) установчий акт; 5) юридично обов’язковий документ.

 

6. Translate into Ukrainian taking note of the words and phrases in bold type.

1. In view of the fact that the term of office of three members of the Commission was due to expire on 21 November 1980, the Director-General applied the procedure provided for in that Protocol for the replacement of the members concerned. 2. The plan should take account of the relationships between culture and science. 3. The General Conference, having taken cognizance of the conclusions of the Executive Board, invites the Director-General to submit conclusions on this matter to the fourth extraordinary session of the General Conference. 4. The next Medium-Term Plan should duly take into account the need for the public at large to understand science. 5. The General Conference, mindful that the purpose of Unesco is to contribute to peace and security, invites Member-States to take note of the Final Document of the World Congress on Disarmament Education. 6. They should take into consideration those recommendations of the Commission that lend themselves to rapid application. 7. The General Conference, considering that art plays an important part in education recommends that Member States imple­ment the following provisions.

 

7. Memorize the phrases below, suggest their Ukrainian equivalents.

1) the states concerned; 2) a treaty left open for accession; 3) a unilateral statement; 4) concerning the terms of a treaty; 5) to accept a reservation; 6) to be bound by a treaty; 7) to make a counter offer, 8) to modify the legal effect of certain provisions; 9) to require acceptance; 10) to reopen the negotiations.

 

8. Suggest the English for:

1) на підставі письмової заявки; 2) після представлення Генеральним секретарем відповідної кандидатури; 3) за рекомендацією Виконавчої Ради ЮНЕСКО; 4) після відповідного оповіщення; 5) за угодою зацікавлених сторін; 6) при вступі на посаду; 7) при вступі у силу.

 

9. Translate into Ukrainian taking note of the words and phrases in bold type.

1. It is essential that all parties to the treaty should assent to the making of the reservation. 2. Without the consent of all the parties, a reservation proposed in relation to a multilateral convention cannot become effective and the reserving state cannot become a party thereto. 3. In order that any reservation whatever may be validly made in regard to a clause of the treaty, it is essential that this reservation should be accepted by all the contracting parties. 4. A state which has made and maintained a reservation which has been objected to by one or more of the parties to the convention but not by others, can be regarded as being a party to the convention if the reservation is compatible with the object and purpose of the convention. 5. If a party to the convention objects to a reservation which it considers to be incompatible with the object and purpose of the convention, it can in fact consider that the reserving state is not a party to the convention.

 

10. Read the following text, translate into Ukrainian.

Amendments to a Treaty

When a mistake is discovered in a signed treaty awaiting ratification, it may be corrected by, and the correction may be initialled by the plenipotentiaries who signed the treaty.

When it is desired to amend a treaty already ratified, or already signed and not requiring ratification, the amendment should take the form either (a) of a new treaty embodying the amendment or (b) of an Exchange of Notes or a Protocol placing it on record that, notwithstanding the text of the treaty as signed or as signed and ratified, it was to be regarded as being in force in its amended form as from the date on which it entered into force or the date of ratification or some other specified date.