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VI. Answer the questions.

1. What is international law?

2. How can the term “system of normative conduct” be defined?

3. Can we deal without national and/or international law?

4. Is the role of national and international law common?

5. What are the differences between national and international law?

6. Is international law ‘real law’?

7. Does the author consider law to be rules or process?

8. How did Sir Hersch Lautcrpacht define the role of a judge?

VII. Complete the following sentences. Use the required information from the text above.

1. The specialized social processes to which the word ‘______ refers include many things beside rules.

2. International law is the entire ________ process, and not just the reference to the trend of past __________ which are termed __________.

3. The ________ which characterizes law exists not in a vacuum, but exactly where it intersects with _________.

4. Differences between national and international law arise from the fact that ________ law operates in a vertical legal order, and ________ law in a horizontal legal order

5. There will be particular circumstances when power _________ authority.

6. Authority can exist in the total absence of _______ control, or power.

7. This view rejects the notion of law merely as the ________ application of rules.

8. By insisting on international law as rules to be impartially ________ will it be possible to avoid the __________ of international legal _____________ for political ends.

VIII. Define if the following sentences are true or false. Use the required information from the text above and correct the false statements.

1. Normative systems make possible to avoid chaos in the web of bilateral and multilateral relationships that that society embraces.

2. The role of law is to provide an operational system for securing values.

3. International law is a set of rules that are meant to be impartially applied.

4. International law is a continuing process of authoritative decisions.

5. The social purpose of international law and domestic law is broadly similar.

6. ‘Rules’ are not accumulated past decisions.

7. Judges and legal advisers simply ‘find the rule’ and then apply it.

8. Sir Hersch Lautcrpacht rejected the notion that the judicial function meant finding the appropriate ‘rule’ in an impartial manner.

LANGUAGE FOCUS

Authority [ɔθɒ̱rɪti] 1) the power or right to give orders, make decisions, and enforce obedience: he had absolute authority over his subordinates a rebellion against those in authority; 2) the right to act in a specified way, delegated from one person or organization to another: military forces have the legal authority to arrest drug traffickers; 3) official permission; sanction: the money was spent without parliamentary authority; 4) a person or organization having political or administrative power and control: health authorities issued a worldwide alert; 5) the power to influence others, especially because of one’s commanding manner or one’s recognized knowledge about something: … he has the natural authority of one who is used to being obeyed.

International [ɪntə'næʃənl] 1) existing, occurring, or carried on between nations: international trade; 2) agreed on by all or many nations: a violation of international law; 3) used by people of many nations: large international hotels.

Municipal [mjʊnɪsɪp(ə)l] relating to a town or district or its governing body national and municipal elections municipal offices.

Law 1) (often the law) the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties: shooting the birds is against the law … they were taken to court for breaking the law … law enforcement 2) an individual rule as part of a system of law: …a new law was passed to make divorce easier and simple; 3) systems of law as a subject of study or as the basis of the legal profession he was still practising law: a law firm law students.

Rule 1) one of a set of explicit or understood regulations or principles governing conduct or procedure within a particular area of activity: the rules of cricket … those who did break the rules would be dealt with swiftly; 2) a law or principle that operates within a particular sphere of knowledge, describing or prescribing what is possible or allowable: the rules of grammar; 3) a code of practice and discipline for a religious order or community: the Rule of St Benedict.

Delict [dɪ’lɪkt] a violation of the law; a tort.

Conduct [kɒndʌkt] 1) the manner in which a person behaves, especially in a particular place or situation: they were arrested for disorderly conduct … a code of conduct for directors of listed companies; 2) the manner in which an organization or activity is managed or directed: the conduct of the elections; 3) organize and carry out: in the second trial he conducted his own defence … surveys conducted among students.

Sanction [sæ̱ŋkʃ(ə)n] 1) a threatened penalty for disobeying a law or rule: a range of sanctions aimed at deterring insider abuse; 2) measures taken by a state to coerce another to conform to an international agreement or norms of conduct, typically in the form of restrictions on trade or official sporting participation; 3) give official permission or approval for (an action): the scheme was sanctioned by the court.

Legal [lig(ə)l] relating to the law: the European legal system; 2) appointed or required by the law: a legal requirement.

Order [ɔ(r)də(r)] 1) the arrangement or disposition of people or things in relation to each other according to a particular sequence, pattern, or method: I filed the cards in alphabetical order; 2) a state in which everything is in its correct or appropriate place: … she tried to put her shattered thoughts into some semblance of order; 3) a state in which the laws and rules regulating public behaviour are observed and authority is obeyed: the army was deployed to keep order; 4) the prescribed or established procedure followed by a meeting, legislative assembly, debate, or court of law: the meeting was called to order.

Manifestation [mæ̱nɪfesteɪʃ(ə)n] 1) an event, action, or object that clearly shows or embodies something abstract or theoretical; the first obvious manifestations of global warming; 2) the action or fact of showing something: the manifestation of anxiety over disease.

Fill in the gaps using the above words and expressions.

1. ___________ relations is security, it’s trade relations, it’s power games.

2. Your state and ___________ job listings have some part-time positions.

3. Easing a disclosure ___________ that has been burdensome for private companies should be done by tweaking, rather than gutting.

4. It is important to ___________ yourself professionally in all work-related communications.

5. The __________ in human development, though it took a long time to recognize, is diversity.

6. In the allegedly deficient narrative descriptions the alleged _________ was in not providing sufficient detail.

7. This is _____________ of everything we’ve done and talked about.

8. The president then signed his latest executive ________.

9. Counsel are encouraged to ____________ their priorities similarly.

10. He will definitely be trying to find personal loans to get _________ advice if accusations of fraud are to continue.

11. Because of the dangers, dive organizations refuse to _________ no-limits diving.

12. You could also buy ___________ bonds, which are probably the best value in the bond market these days.

13. Even though the company decided to print a date on the package, a judge dismissed the date as not having any __________ worth.

14. This version exceeds my expectations and is a beautiful __________ of what I originally imagined while crafting this story.

15. Authors must decide __________ for terminating data collection before data collection begins and report this rule in the article.

16. There is _________ precedent that could work against the officers in this instance.

17. Scientists and physicians _________ translative research.

18. The main opposition party also lost a host of council seats at the county and ____________ levels.

19. There is no political settlement to be had with those who base their views on divine ______________ .

20. The ______________ for those countries that don’t produce enough self-critical jokes is a simple one: they will be ignored.

21. Dear music industry: _____________ trickiness may help you win cases, buy plays out in a larger moral context outside the courtroom.

22. Choosing my profession was a natural _______________ of my personality.

23. The administration also withdrew a proposed __________ that would have weakened air pollution controls for coal-fired plants.

24. Candidates should have three years of teaching experience in secondary education and demonstrated ability to __________ research.

25. We are living through a pivotal time in establishing a new economic _____________.

Match the columns. Give Ukrainian equivalents for the following expressions.

1. There’s no law against

a. If you feel, believe, or know something in company with someone else, you both feel, believe, or know it.

2. At law

b. initiate legal proceedings against someone

3. Be a law unto oneself

c. punish someone for an offence according to one’s own ideas of justice, especially in an illegal or violent way

4. Go to law

d. a situation characterized by respect for and obedience to the rules of a society

5. Law and order

e. the principle that those who are strong and apply ruthless self-interest will be most successful

6. The law of the jungle

f. it said to assert that one is doing nothing wrong, especially in response to an actual or implied criticism

7. Lay down the law

g. according to or concerned with the laws of a country

8. Take the law into one’s own hands

h. issue instructions to other people in an authoritative or dogmatic way

9. Take someone to law

i. behave in a manner that is not conventional or predictable

LAW

Study the use of the phrases with “LAW” and translate the sentences given below into Ukrainian.

-law of war

-law of the sea

-admiralty law

-law of international organizations

-conventional international law

-customary international law

-consolidated law

-common law

-law of treaties

-ambassadorial law

-extradition law

-fundamental law

-international fluvial law

-interstate law

-national law

-new law

-obsolete law

Fill in the gaps with the words and expressions given above.

1. To receive testimony on legal issues regarding military commissions and the trial of detainees for violations of ___________.

2. According to ____________ , an enemy combatant may be held until the end of hostilities.

 Render the following sentences into Ukrainian.

1. Amongst other issues, modern Laws of War address declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with distinction and proportionality; and the prohibition of certain weapons that may cause unnecessary suffering.

2. International fluvial law, or the law of international watercourses is independent in relation to the other branches of law, as it has its own research and specific national and international sources.

3. Customary international law is made up of rules that come from “a general practice accepted as law” and that exist independent of treaty law. 

4. The Government introduces most plans for new laws, with many included in the Queen’s Speech at the opening of each session of Parliament, and changes to existing laws.

5. The legal definition of Common Law is Judge-declared law. 

6. The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention.

7. Extradition law in the United States is the formal process by which a fugitive found in one country or state is surrendered to another country or state for trial or punishment. 

8. The Bipartisan Policy Center held a forum on the problem of obsolete law on Tuesday, February 7 in Washington, DC.

9. A debate on the need for a separate fundamental law regulating the radio and TV broadcasting sector emerged in the 1970s. 

10. Consolidation consists of the integration in a consolidated law of its successive amendments and corrigenda.

11. The common law method, as compared to reformist legislative change, results in gradual change through the determination of individual disputes in which parties present contending arguments regarding just conduct. In deciding these disputes the courts draw upon precedents embodying the public morality which have been developed over the ages.

12. The laws of war are rules governing the conduct of armed conflict and the protection of victims of war.

13. Jus in bello refers to that part of the law of war governing the conduct of armed conflicts. In its modern form, the law of war can also be referred to as the “law of armed conflict” and “international humanitarian law”. U.S. law, such as the Uniform Code of Military Justice, contains important references to the law of war.

14. In countries of Civil Law System particularly those of German and Slavic legal tradition, consolidated texts of laws or shortly consolidated laws are compilation of some legislative act as enacted (its original text) and amendments and additions thereof merged into a single text. Consolidated text may be official when issued by the relevant body of government such as parliament or its committee, ministry... or unofficial when made by private person for personal or commercial purpose.

15. Whether the fundamental law meets the European standards of liberal democracy has been debated since its adoption. In particular, since the law’s drafting stage, the Venice Commission (a body of independent experts providing advice on constitution-making and human rights under the Council of Europe) expressed serious concerns about the quality of its human rights provisions.

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