1. The National People's Congress of the People's Republic of China is _________ organ of state power.
2. The National People's Congress and its Standing Committee _________ the legislative power of the state.
3. Deputies to the National People's Congress may not be _________ legally liable for their speeches or votes at its meetings.
4. The People's Republic of China _________ the Supreme People's Court and the people's courts at various local levels, _________ courts and other special people's courts.
5. The Supreme People's Court _________ the administration of justice by the people's courts at various local levels and by the special people's courts.
6. All state organs, the _________ forces, all political parties and public organizations and all enterprises and institutions must _________ by the Constitution and the law.
a) armed;
b) held;
c) supervises;
d) the highest;
e) exercise;
f) abide;
g) establishes;
h) military.
III. Write sentences using the words below.
1. own, have, their, the, spoken, Citizens, use, proceedings, languages, nationalities, right, the, written, to, of, and, nationalities, of, in, court, all.
2. of, organs, the, The, of, state, for, China, people's, legal, supervision, are, People's, procuratorates, Republic.
3. economic, and, nationalities, material, state, technical, the, their, The, and, minority, assistance, cultural, to, provides, development, to, financial, accelerate.
4. taxes, Republic, the, of, is, to, People's, citizens, of, duty, in, pay, the, with, the, China, It, law, of, accordance.
5. economic, compatible, sound, establishes, with, system, State, security, the, a, of, social, level, development, The.
6. domination, are, bodies, subject, any, affairs, not, Religious, foreign, and, to, religious.
UNIT THREE
UNILATERAL LEGAL ACTS
1. Ratification
2. Accession, Acceptance, and Approval
3. Reservations
4. Denunciation
RATIFICATION
The word ratification is used in several different senses, of which the following must be mentioned. It may mean:
1. the act of the appropriate organ of the State, be it the Sovereign or a President or a Federal Council, which signifies the willingness of a State to be bound by a treaty; this is sometimes called ratification in the constitutional sense;
2. the international procedure whereby a treaty enters into force, namely the formal exchange or deposit of the instruments of ratification;
3. the actual document, sealed or otherwise authenticated, whereby a State expresses its willingness to be bound by the treaty;
4. loosely and popularly, the approval of the legislature or other State organ whose approval may be necessary; this is an unfortunate use of the word and should be avoided.
What treaties require ratification? It is not possible to find a decisive test of the requirement of ratification by having regard to the form of the treaty or the term that may be employed to describe it, e. g. Treaty, Convention, Declaration, Agreement, Exchange of Notes, modus vivendi, etc. But it can at least be said that the more formal the type of an instrument adopted, the more likely is ratification to be required.
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In modern practice, however, it is almost the invariable rule for the treaty itself to contain either an express stipulation or other indication as to the intention of the parties on the question whether ratification is required. In the case of a treaty which the parties consider to require ratification, such clause as follows is usually inserted:
This Convention shall be ratified and the instruments of ratification thereof shall be exchanged in London. The Convention shall take effect on the thirtieth day after the date of exchange of the instruments of ratification and shall continue in force for the term of five years.
Where the parties do not regard ratification as necessary, the treaty usually states that it shall come into force on a certain date or upon the happening of a certain event. The law leaves the parties to decide whether or not ratification is required, and it is only in rare cases that the parties leave the matter in doubt.
Ratification has a value which should not be minimized. The interval between the signature and the ratification of a treaty gives the appropriate departments of the Governments that have negotiated the treaty an opportunity of studying the advantages and disadvantages involved in the proposed treaty as a whole, and of doing so in a manner more detached, more leisurely, and more comprehensive than is usually open to their representatives while negotiating the treaty.
It is suggested that the rule should be formulated as follows: Ratification in the international sense of the term is an essential requirement of a treaty, unless (a) by its express terms the requirement of ratification is dispensed with or (b) it can be inferred from the nature or the form of the treaty or the circumstances in which it was negotiated that the parties intended to dispense with the requirement of ratification.
It is not customary to fix a time limit for ratification, and there is no rule of law as to the date within which, if at all, it must take place. Frequently several years elapse between signature and ratification.
Ratification involves two steps. The first is the signing and sealing of the instrument of ratification; the second is, in the case of a bipartite treaty, its exchange with the corresponding instrument produced by the other party, or, in the case of a multipartite treaty, its deposit with the headquarters Government (in return for an acte dacceptation or proces-verbal of deposit), or with the Secretary-General of the United Nations as in the case of many treaties concluded under the auspices of that body. In the United Kingdom the instrument of ratification is, in the case of a treaty between heads of State, signed by the Queen, and sealed with the Great Seal. In the case of those intergovernmental agreements which it is considered necessary or desirable to ratify, the instrument of ratification is usually signed by a minister or the Secretary of State for Foreign Affairs and sealed with his official seal.
In some States ratification requires the consent of other organs of the State. Thus the President of the United States of America can only validly ratify a treaty by and with the advice and consent of the Senate provided two-thirds of the Senators present concur. In the United Kingdom neither Parliament nor either House of Parliament has any corresponding function. Ratification is the act of the Crown upon the advice of the appropriate minister.
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The notification of ratifications is usually the last act before international agreements become law. After ratification, they apply under the conditions stipulated in the text.Very often this is immediately, but frequently the date of entry into force may be thirty, sixty or ninety days later, and is sometimes a year or more.
(From The Law of Treaties by A.McNair)
EXHIBIT 20
