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Declarations and reservations




 

The Government of Denmark makes a reservation in respect of article 10, paragraph 3, second sentence. In Danish practice, considerable efforts are made to

ensure appropriate age distribution of convicts serving sentences of imprisonment, but it is considered valuable to maintain possibilities of flexible arrangements.

 

XXIII. Complete the text of a declaration below.

DECLARATION

on the basic principles of friendly relationsand cooperation between the Republic of (name of country) and the Republic of (name of country)

The Republic of... and the Republic of... expressing their determination

to ______________

Guided by unanimity of views on _____________,

Expressing their concern over ______________,

Coming out for still greater unity and solidarity of _____________,

Reaffirming their adherence to the purposes and principles of_______,

Declare that the Republic of... and the Republic of... shall guide themselves in their relations by the following:

1.The Sides shall continue expanding and developing

2. The Sides shall closely cooperate in _______

3. The Sides shall give all possible assistance to _______________

4. The Republic of... and the Republic of... shall exert every effort aimed

at ____________

5. The provisions of this Declaration shall not affect the obligations earlier assumed by either Side in regard to third countries and international organizations. The Sides shall not enter into any agreements or take any action incompatible with the aims of this Declaration.

DONE AT (city) this - day of 19_ in duplicate, in the... and... languages, both texts equally authentic.

 


For the Republic of

(signed)

For the Republic of

(signed)


 

XXIV. Speak on the style and composition of declarations.

XXV. Check yourself. The list of necessary key-words for self-study:

term

to denote

existing law

modification

to create new law

to point out

to be regarded as

to create contractual obligations

to be appended to a treaty

to form a subsidiary compact

to place on record some understanding reached

problems of common interest

to lead to

lack of time

executive authority

to confine oneself

to be binding upon

participating governments

designation

international commitments

to embody

minor manner

considerable number of agreements

juridical character

execution of letters of request

recognition

fruitful experience

beneficial cooperation

aspirations of the peoples

to strengthen peace and security

peaceful settlement of controversial issues

positive contribution

to the purposes and principles

territorial integrity

non-intervention

internal affairs

mutual benefit

necessary measures

complete implementation

to exert every effort

in accordance with (in conformity with)

high contracting parties

constitutional amendment

unprecedented range of security challenges

to ensure the defence

common values

to strive for peace

deterrence

fundamental responsibility

to bolster

to enhance the presence of forces

cyber attacks and hybrid threats

ballistic missile attacks

defensive measures

to remain committed to

meaningful dialogue

reciprocal measures of transparency

beyond borders

immediate and direct threat

to build resilience against attack

support to international efforts

refugee and migrant crisis

to assist

to maintain

a solemn debt of gratitude

high-level talks in the framework of the state

conscious

bilateral interactions

multilateral dimension

sustainable development

implementation of existing bilateral agreements

broadening of political relations

to establish high-level inter-parliamentary interactions

to confirm their determination

to reiterate one`s readiness

within the framework

launch of negotiations

to appreciate

to support efforts

to resolve conflict by peaceful means

equal rights

self-determination of peoples

bilateral and multilateral obligations

to facilitate exchange visits of high level officials

to expand people-to-people contacts

to highlight the role

additional impetus

 

 

PROTOCOLS

 

The term protocol designates different kinds of official documents recording, in an authoritative and solemn manner, the results of a negotiation. The form is very flexible. Derived from the Latin protocollum, Greek Πρωτόχολλου (the first glued-in to the book), the word protocol has come to mean the form used in drawing up public documents, and in diplomacy the register in which the minutes of a conference are kept. It is also employed to signify the forms to be observed in the official correspondence of the minister for foreign affairs, and in the drafting of diplomatic documents, such as treaties, conventions, declarations, full powers, ratifications, letters of credence and other letters addressed by one head of state to another. In France le bureau du protocole is the sub-department charged with the preparation of such papers and the regulation of ceremonial in all such matters. In Great Britain this work is shared between the Protocol and the Treaty and Nationality Departments of the Foreign Office (E. Satow).

In the field of international agreements, the term protocol is most often used to designate particular agreements, less formal than a treaty or convention, which supplement a basic agreement. Protocols are also frequently used to amend multilateral international agreements or to prolong their existence. The Covenant of the League of Nations, for example, was amended in various articles by a series of protocols.

If, after the conclusion of the negotiation and before the treaty is signed, the high contracting parties desire to add new stipulations, the form of an additional protocol may be used. This is then signed on the same day and in the same form as the principal text. Additional protocols are, however, sometimes signed and ratified on later dates.

If, in the end, it seems necessary to amend or complete a treaty, this can be done by an additional article or articles presented

 

 

in the same form as the basic text, or in the form of a protocol and, if necessary, ratified as the said text.

Very often, temporary clauses or reservations are expressed in a separate document which is signed at the same time as a treaty and expressly refers to it. If it contains clauses which are additional to the execution of the principal convention or reservations of fundamental importance which change the nature of the meaning of a clause, it should be ratified in the same manner as the convention itself and at the same time. If the document confines itself to the certification of the fact that the signatures were affixed, or to setting forth unilateral declarations or reservations not touching the fundamentals of the convention, it may not need to be submitted to ratification.

The form of this final signature protocol (protocole de signature) is usually the same as for the additional protocol.

 

EXHIBIT 11

PROTOCOL

PROTOCOL
on Scientific and Technological Cooperation

The Government of (name of country) and the Government of (name of country), hereinafter referred to as the Contracting Parties,

Desiring to strengthen the ties of friendship and to foster scientific and technological cooperation between the Contracting Parties,

Having regard to the Agreement on the development of economic, industrial, scientific and technological cooperation between the two countries signed on 23 November 19___, and hereinafter referred to as the Basic Agreement,

 

HAVE AGREED as follows:

 

Article 1. The Contracting Parties shall encourage and develop their cooperation in science and technology on the basis of equality and mutual advantage.

 

Article 2. The Contracting Parties recognize that cooperation would be possible in the following areas: []

The Contracting Parties may, by mutual agreement, add any other area in which cooperation may appear useful.

 

Article 3. Each country shall defray the travel costs of its university professors, experts, specialists, trainees, etc.

Subsistence costs shall be defrayed by the host country in the manner to be agreed upon between the Contracting Parties.

 

Article 4. The implementation of this Protocol shall be periodically reviewed by the Joint Commission referred to in article 4 of the Basic Agreement.

 

Article 5. This Protocol shall enter into force on the date of its signature.

It shall be valid for a period of five years.

It shall be automatically extended for successive periods of two years, unless one of the Contracting Parties announces in writing six months before the date of expiry its intention to denounce the Protocol.

This Protocol may be amended by agreement between the Contracting Parties.

In the event of denunciation, the Contracting Parties shall take all necessary action to ensure the continuation and completion of all projects already undertaken under this Protocol.

DONE AT ___ on 23 November 19___, in two original copies, each in the French and Dutch languages, both texts being equally authentic.

 


For the Government of

For the Government of


.

(signed)

 

EXHIBIT 12

ADDITIONAL

PROTOCOL

ADDITIONAL PROTOCOL TO THE CONVENTION

His Majesty the King of (name of country),

His Excellency the President of (name of country),

 

Considering that the proportions of capital defined in article 1 of the Convention between the Government of... and the Government of... regulating the operation of the designated railway network, signed at____ on 17 April l9___, concern the distribution of the initial capital,

 

HAVE AGREED to conclude an Additional Protocol and to that end have appointed as their plenipotentiaries: His Majesty the King of..., Mr. X., Minister for Foreign Affairs of the Kingdom of..., His Excellency the President of..., Mr. Y., Ambassador Extraordinary and Plenipotentiary of...,who, having communicated their full powers, found in good and due form,

 

HAVE AGREED on the following provisions:

 

Article 1.

 

The capital of the railway company established in implementation of the Convention between... of 17 April 19_ has been subscribed at the rate of 36.75 per cent by... and 63.25 per cent by

Article 2.

 

This Protocol shall be ratified or approved. The instruments of ratification or approval shall be deposited in the archives of the Ministry of Foreign Affairs of.... This Protocol shall enter into force on the date of the deposition of the last instrument of ratification or approval.

 

IN WITNESS WHEREOF the duly appointed plenipotentiaries have affixed their signatures to this Protocol.

 

DONE AT __ on 21 June 19___, in duplicate, in the French and English languages.

 


For the Kingdom of

(signed)

For the Republic of

(signed)


 

EXHIBIT 13

OPTIONAL PROTOCOL

 

OPTIONAL PROTOCOL
TO THE INTERNATIONAL COVENANT

ON CIVIL AND POLITICAL RIGHTS

The States Parties to the present Protocol,

Considering that in order further to achieve the purposes of the Covenant on Civil and Political Rights (hereinafter referred to as the Covenant) and the implementation of its provisions it would be appropriate to enable the Human Rights Committee set up in part IV of the Covenant (hereinafter referred to as the Committee) to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant,

HAVE AGREED as follows:

Article 1

A State Party to the Covenant that becomes a party to the present Protocol recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of any of the rights set forth in the Covenant. No communication shall be received by the Committee if it concerns a
State Party to the Covenant which is not a party to the present Protocol.

 

Article 2

Subject to the provisions of article 1, individuals who claim that any of their rights enumerated in the Covenant have been violated and who have exhausted all available domestic remedies may submit a written communication to the Committee for consideration.

 

Article 3

The Committee shall consider inadmissible any communication under the present Protocol which is anonymous, or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of the Covenant.

 

Article 4

1. Subject to the provisions of article 3, the Committee shall bring any communications submitted to it under the present Protocol to the attention of the State Party to the present Protocol alleged to be violating any provision of the Covenant.

2. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

 

Article 5

1. The Committee shall consider communications received under the present Protocol in the light of all written information made available to it by the individual and by the State Party concerned.

 

Article 6

The Committee shall include in its annual report under article 45 of the Covenant a summary of its activities under the present Protocol.

 

Article 7

Pending the achievement of the objectives of resolution 1514(XV) adopted by the General Assembly of the United Nations on 14 December 1960 concerning the Declaration on the Granting of Independence to Colonial Countries and Peoples, the provisions of the present Protocol shall in no way limit the right of petition granted to these peoples by the Charter of the United Nations and other international conventions and instruments under the United Nations and its specialized agencies.

 

Article 8

1. The present Protocol is open for signature by any State which has signed the Covenant.

2. The present Protocol is subject to ratification by any State which has ratified or acceded to the Covenant. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. [...]

 

EXHIBIT 14

FINAL PROTOCOL

(SOLE ARTICLE)

FINAL PROTOCOL
to the Constitution of the Universal Postal Union

At the moment of proceeding to signature of the Constitution of the Universal Postal Union concluded this day, the undersigned Plenipotentiaries have agreed to the following:

 

 

SOLE ARTICLE

Accession to the Constitution

Member Countries of the Union which have not signed the Constitution may accede to it at any time. Instruments of accession shall be addressed through diplomatic channels to the Government of the Country in which the seat of the Union is situated, and by
that Government to the Governments of the Member Countries of the Union.

IN WITNESS WHEREOF the undermentioned Plenipotentiaries have drawn up this Protocol, which shall have the same force and the same validity as if its provisions were inserted in the text of the Constitution itself, and they have signed it in a single original which shall be deposited in the Archives of the Government of the Country in which the seat of the Union is situated. A copy thereof shall be delivered to each Party by the Government of the Country in which the Congress is held.

DONEAT _____, this ___ day of __, 19 ______

 

EXHIBIT 15

PROTOCOL

OF SIGNATURES

PROTOCOL OF SIGNATURES

In the course of the negotiations that ended with the signature of the Air Transport Agreement between (name of country) and (name of country) on the date below, the representatives of the Contracting Parties agreed to the following:

 

1. With reference to the foreign crew members operating the agreed services, the designated airlines will submit to the aeronautical authorities of..., as the case may be, a complete list stating name, nationality, post, type and number of the licence and the name of the authority who issued the said licence.

 

2. Initially, the designated airlines of both Contracting Parties shall have the right to operate, on the specified routes, a maximum of two weekly frequencies, in each flight direction.

 

3. Each Contracting Party grants to the designated airline of the other Contracting Party the right to transfer the excess of the revenues over the expenditures according to the exchange formalities in force in the territory of each Contracting Party, which shall grant the necessary means to this purpose.

 


For the Government of

(signed)

For the Government of

(signed)


 


EXHIBIT 16

PROTOCOL

Annexed to a Treaty

PROTOCOL (No)
annexed to the Treaty on European Union and to the Treaties
establishing the European Communities

THE HIGH CONTRACTING PARTIES

 

HAVE AGREED upon the following provision, which shall be annexed to the Treaty on European Union and to the Treaties establishing the European Communities:

Nothing in the Treaty on European Union, or in the Treaties establishing the European Communities, or in the Treaties or Acts modifying or supplementing those Treaties, shall affect the application in Ireland of Article 40.3.3 of the Constitutionof Ireland.

 


Assignments

I. Read the text and answer the checkup questions.

1. What does the term protocol designate in the sphere of international agreements?

2. What is the original meaning of this term?

3. What is the main distinction between protocols, treaties and conventions?

4. When are additional protocols signed and ratified?

5. Which instrument is generally employed to amend multilateral international agreements?

6. What is a final signature protocol?

7. What is the name of the department in the British Foreign Office charged with the preparation of diplomatic documents?

II. Complete the following sentences using the required information from the above text.

1. The word protocol is often employed to signify.

2. In France le bureau do protocole is....

3. In Great Britain this work is shared between .

4. If, after the conclusion of the negotiation, the high contracting parties desire to add new stipulations . 5. Very often, temporary clauses or reservations are expressed in....

6. If the document confines itself to the certification of the fact that the signatures were affixed .

7. The form of the final signature protocol is usually.

III. Memorize the phrases below, suggest their Russian equivalents.

1) the duly appointed plenipotentiaries; 2) according to the formalities in force; 3) except for any notification to the contrary; 4) on the basis of equality and mutual advantage; 5) before the date of expiry; 6) in the course of the negotiations; 7) on the date of the deposition of the last instrument of ratification; 8) to affix ones signature to the Protocol; 9) to be valid for a period of five years; 10) to denounce the Protocol.

IV. Define the following terms in English consulting the Glossary of Diplomatic Terms if necessary.

proces-verbal, protocol, reglements internationaux, status quo, traitement, ultimatum.

V. Suggest their Russian equivalents, add those phrase combinations with own examples:

ACT

constituent ≈; final ≈; hostile ≈; internationally injurious ≈; legal ≈ legislative; legitimate ≈; unfriendly ≈; unilateral ≈; unlawful ≈; ≈ of accession; ≈ of (armed) aggression; ≈ of capitulation; ≈ of discrimination; ≈ of good will; ≈ of lawlessness and arbitrary rule; ≈ of terrorism; ≈ of violence; to issue (promulgate) an ≈

AMENDMENT

draft ≈; drafting ≈; to approve an ≈; to consider an ≈; to make an ≈; to move an ≈; to pass an ≈; to propose an ≈; to ratify an ≈; to reject an ≈; to second an ≈; to vote down an ≈.

PROVISION

the basic (main) ≈ s of a treaty (convention, etc.); treaty ≈ s; the ≈ s of law; in accordance with the following ≈; under the ≈ s of the article; to agree on the following ≈ s.

VI. Suggest the English for:

1) ; 2) ; 3) ; 4) - ; 5) ; 6) ; 7) ; 8) ; 9) ; 10) ; 11) ; 12) .

VII. Translate the following Latin expressions into Russian consulting Appendix I if necessary.

ad infinitum: without end or limit;

bona fide: made in good faith, without fraud or deceit;

modus vivendi: an interim agreement in a dispute pending a final settlement; manner of living;

nota bene: mark well;

per contra: on the contrary;

per diem: by the day;

persona grata: an acceptable person;

post bellum: after the war;

sine qua non: an absolutely indispensable or essential thing;

status quo: the existing state of affairs;

sub specie: under the aspect of;

terra incognita: unknown territory;

verso: the page being turned;

vice versa: with the alternation or order changed;

viva voce: expressed or conducted by word of mouth.

VIII. Fill in each blank with the required preposition.

1. This Protocol shall enter... force... the thirtieth day... the date which ten Parties... the Convention have fulfilled the requirements paragraph (2)... Article 19. 2. This Protocol shall cease to be... force if the Covention ceases to be... force. 3. Any Party... the Protocol may denounce this Protocol... giving written notice... the Depositary. The denunciation shall become effective twelve months... the date... receipt the notice... the Depositary or such longer period as may be specified the notice. 4. A Party... the Protocol shall cease to be a Party... the Protocol... the date that it ceases to be a Party... the Convention. 5. This Protocol shall be open... signature... London... 1 December 1998 31 May 1999. 6. Ratification, acceptance, approval or accession shall be effected... the deposit... the appropriate instrument... the Depositary. 7. Reservations... this Protocol maybe made... accordance... international law.

IX. Translate into Russian taking note of the words and phrases in bold type.

1. The General Conference expresses to the Director-General its appreciation of the approaches which he is continuing to make to Member States with a view to improving the cash position. 2. The proposed objectives should be radically reduced in order to bring about a concentration of activities. 3. To this effect he undertook a number of missions. 4. With this in mind the studies were carried out concerning these problems. 5. An extraordinary session of the Assembly may be convened for this purpose. 6. They welcomed UNESCOs past and present activities aimed at assisting the African peoples. 7. He urged still greater programme concentration so as to ensure the promotion of operational activities in higher education.

X. Study the following tables. Reconstruct the elliptical phrases restoring the omitted elements, as shown in the models.

Model 1. when necessary

when (Pron + to be) necessary

 

  as as if as soon as if than though unless when whenever where wherever while   appropriate defined expected necessary noted possible provided speaking useful

 

Model 2. seem possible

Seem to be possible

 

prove seem different difficult necessary possible useful wrong

XI. Translate into Russian paying attention to elliptical constructions.

1. If adopted by the Assembly, the amendment shall enter into force. 2. The speaker cautioned that certain aspects of this programme could prove problematic. 3. This approach seems inadequate. 4. Each State Party undertakes to encourage, where appropriate, different means of eliminating barriers between races. 5. A consultative meeting shall be promptly convened when requested by a State party. 6. The terms of reference to meetings shall be defined in the programme and the budget approved by the General Conference or, if not so defined, fixed by the Director-General. 7. Unless otherwise decided by the Court, each party shall bear its own costs. 8. Applications for visas, where required, from officials of Specialized Agencies holding United Nations laisser-passer, shall be dealt with as speedily as possible. 9. The Specialized Agencies, their property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.

XII. Précis the following text in about one-third of its size.





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