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Reading 2:  This text deals with the present-day human rights law.



 

Task 1. Read the text below and answer the following questions.

 

1. According to the text, what are the major tasks of international law?

2. What is the most important source of international law?

3. There has been mentioned that ‘an international treaty imposes binding obligations on states that are parties to it’. What is meant by binding obligations

4. What types of treaties are mentioned in the text?

5. If there is a possibility for a state to become a party to a treaty it did not sign, through what type of treaty it is permissible? 

 

Reading Comprehension

 

Task 2. Read the text and decide whether these statements are true (T) or false (F).

 

1. The governing idea of international law is to hold states responsible to the international community.

2. At present, treaties are the most widespread form of making binding agreements between states.

3. Resolutions of the United Nations General Assembly are inseparable part of human rights recognition within the scope of international law.

4. In order to become a party to an international treaty a state must previously ratify it before signing procedure.

5. Adopted treaties do not require any signing procedures which are necessary only in case the state has been a party to another treaty.

Human Rights in International Law: States are the ‘parties’ that take part in international law – the members of the United Nations are, for example, all ‘states’. A ‘state’ is simply a technical term for a country. Each state is a distinct political entity, independent and, usually, with an effective government.

International law governs relations between states, in matters such as the drawing of boundaries between states, the laws of war, laws governing international trade, and laws regulating the global environment. As well, international law governs relations between states and individuals. It does this by holding states accountable to the international community for the extent to which they recognize and protect human rights within their borders.

Today, most international law takes the form of treaties (also known as covenants, conventions, agreements, pacts and protocols), which are binding agreements between national governments. Statements and resolutions made by international organisations like the United Nations, and customary modes of behaviour by states, also contribute to the formation of international law.

In international law, human rights are recognized in three principal ways:

· international treaties, covenants and conventions

· customary international law

· resolutions of the United Nations General Assembly.

In the area of human rights, ‘express agreements’, including treaties, conventions, covenants, instruments, pacts and protocols, are the most significant source of international law.

The law of treaties concerns obligations that result from express agreements. The basic principle of treaty law is that agreements are binding upon the parties to them and must be performed by them in good faith. Similar to a contract, an international treaty imposes binding obligations on states that are parties to it. The parties accept responsibilities towards each other through mutual obligations and as with a contract, one treaty party can call other parties to account for their actions.

Treaties can be bilateral (between two countries) or multilateral (between more than two countries).

Becoming a party to a treaty is a legal process that involves a series of steps. A state usually signs an international treaty and later ratifies it. A state will accede to a treaty it did not sign.

The process of making a treaty: In concluding a multilateral treaty, states generally follow these procedures:

Adoption

The outcome of negotiations is generally the adoption of the text of the treaty in an international forum. Once adopted, the treaty becomes ‘open for signature’.

Signature

By signing a treaty, a state indicates its intention to become a ‘party’ to the treaty. Whilst signature often constitutes the first step in becoming a party, it does not mean that the state is bound by the terms of the treaty.


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