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Unit 2. Introduction to Public International Law



“ It is probably the case that almost all nations observe almost all principles of international law and almost all of their obligations almost all the time ”,                                                                                                                                

Louis Henkin

Lead-in

Throughout the history, rules have existed to govern the conduct of international relations but the modern system of international law is usually traced back to the Peace of Westphalia 1648, which heralded the beginning of the nation State system. Nowadays International law is enforced through the United Nations and the International Court of Justice. The role of self-help, either through diplomatic means or the use of armed force in self-defence, should not be underestimated.

 

1. What do you think about the establishment of the modern system of international law?

2. Do “public international law” and “international law” have the same meaning?

3. Is international law exclusively concerned with governing the relations between States?

 

Reading 1:

This text deals with the establishment of international law.

 

1. Read the passage Historical development and decide which agreement was the oldest written one throughout the history;

2. Read the passage Concepts of law and dwell upon the essence of the concept of nationalism;

3. Read the passage Development of international law and dwell upon the considerable change in the character of international law.

 

Reading : Comprehension

 

 Task 1. Read the whole text and decide whether these statements are true (T) or false (F).

1. One of the oldest written agreements discovered dates back to 2500 BC and concluded a war between the ruler of the Mesopotamian city-state of Lagash and another Mesopotamian State.

2. Pacta sunt servanda means that treaties must be observed.

3. During the period of the Roman Empire, two systems of law existed: Jus Civile and Jus Gentium.

4. Beginning with the Peace of Westphalia in 1648, the 17th, 18th and 19th centuries saw the reduction of the concept of the sovereign “nation-state”.

5. The dividing date between “classical” international law and “modern” or “post-classical” international law is 1945.

 

 ACTIVE VOCABULARY

to acquire conqueror agreement use of force rights and obligations international law pacta sunt servanda relations have an influence universal legal systems distinct national identity Jus Civile Jus Gentium considerable development international court Roman citizens purpose unenforceable horror League of Nations United Nations Organisation responsibility trace concept struggle Pope significant in the wake Roman citizens international organisations

 

Historical development: Throughout history, the world’s resources have been the subject of conflict as the perceived need to acquire territory or spread influence has shaped civilizations. Where disputes have led to the use of force and to war, in the end, some agreement has had to be reached between a conqueror and a conquered. One of the oldest written agreements discovered dates back to 3100 BC and concluded a war between Eannatum, the ruler of the Mesopotamian city-state of Lagash, and the representatives of Umma, another Mesopotamian State. During the period of the Roman Empire, two systems of law existed: Jus Civile was the law for Roman citizens and determined the rights and obligations between them; Jus Gentium was the law for those inhabitants of the Roman Empire who were not Roman citizens, and governed their relations with Roman citizens. Modern international law can trace some of its concepts (for example, pacta sunt servanda – treaties must be observed) from Jus Gentium. During the Middle Ages Islamic law came to have an influence on a large part of Asia and North Africa, whilst, in Europe, the struggle for continental power was between the Holy Roman Emperor and the Pope. The presence of two universal legal systems left little room for a system of international law to develop.

Concepts of law: Beginning with the Peace of Westphalia in 1648, the 17th, 18th and 19th centuries saw the growth of the concept of the sovereign “nation-state”, which consisted of a nation controlled by a centralized system of government. The concept of nationalism became increasingly important as people began to see themselves as citizens of a particular nation with a distinct national identity. Until the mid-19th century, relations between nation-states were dictated by treaty, agreements to behave in a certain way towards another state, unenforceable except by force, and not binding except as matters of honor and faithfulness. But treaties alone became increasingly toothless and wars became increasingly destructive, most markedly towards civilians, and civilized peoples decried their horrors, leading to calls for regulation of the acts of states, especially in times of war.

Development of international law: During the twentieth century, international law has undergone considerable development, recognized in the distinction some writers draw between “classical” international law and “modern” or “post-classical” international law. For these purposes, the dividing date is 1919. The end of the First World War and the emergence of the League of Nations resulted in a considerable change in the character of international law. One manifestation of the changes was the creation of an international court – the Permanent Court of International Justice. Further significant modifications took place in the wake of World War II. The establishing of the United Nations Organisation, in 1945, meant that it was no longer possible to argue that international law applied solely and exclusively to sovereign States – international organisations now had a status in the international legal system and gave rights and responsibilities to individuals on the international plane.

 

Task 2 . Put questions to the italicized words.

For example:

During the period of the Roman Empire, two systems of law existed: Jus Civile and Jus Gentium.

Question is: How many systems existed during the period of the Roman Empire?

 

Task 3. Match the verbs (1–6) with the nouns (a–f) they collocate with in the text.

 

1. to acquire a) distribution
2. to spread b) influence
3. to determine c) territory
4. to take place d) rights and obligations
5. to govern e) calls for regulation
6. to lead to f) relations

 

Task 4. Match these terms with their definitions.

 

1. dispute a) the arguments used fighting a case
2. court b) a controversy between individuals or groups of individuals
3. judge c) to say that someone has committed a crime
4. defence d) a set of arguments or facts put forward by one side in a legal proceeding
5. guilty e) a judicial establishment which examines different cases
6. case f) an official who presides over a court

 

Task 5. Circle the correct equivalent of the italicized word.

 

1. The world’s resources have been the subject (essence / reason / purpose) of conflict as the perceived need to acquire territory or spread influence has shaped civilizations.

2. The agreement (consensus / summary / settlement) has had to be reached between a conqueror and a conquered.

3. During the Middle Ages Islamic law came to have an influence on a large (huge / enormous / great) part of Asia and North Africa.

4. The struggle (peace / fighting / capture) for continental power was between the Holy Roman Emperor and the Pope.

5. The concept of nationalism became increasingly important as people began to see (to look for / to consider / to analyze) themselves as citizens of a particular nation.

6. Civilized peoples decried their horrors, leading to calls for regulation (governing / requirement / restitution) of the acts of states, especially in times of war.

7. Some writers draw (suppose / distinguish / apologize) between “classical” international law and “modern” or “post-classical” international law.

8. For these purposes (tasks / aims / issues), the dividing date is 1919.

9. One manifestation of the changes was the creation (approval / establishment / formation) of an international court – the Permanent Court of International Justice.

10. The establishing of the United Nations Organisation meant that it was no longer possible to argue (to settle / to have a dispute / to assume) that international law applied solely and exclusively to sovereign States.

 

Task 6. Find the English equivalents for the following expressions.

 

1. права та обов’язки держав a) pacta sunt servanda
2. договори повинні виконуватися b) observance of human rights
3. універсальна правова система c) international judicial establishment
4. дотримання прав людини d) struggle for power
5. система міжнародного права e) considerable changes in international law
6. міжнародна судова установа f) system of international law
7. поширювати вплив g) rights and obligations of states
8. боротьба за владу h) relations between nations
9. відносини між націями i) to spread the influence
10. значні зміни у міжнародному праві j) universal legal system

Task 7. Work with a partner. Choose one of the topics below to make short talk about, using such phrases as (I think, to my mind, I consider, I reckon, I suppose, I suggest, In my opinion etc.):


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