UNIT ONE
TREATIES AND OTHER INTERNATIONAL COMPACTS
1. Treaties and Conventions
2. Agreements
3. Declarations
4. Protocols
TREATIES AND CONVENTIONS
In international law and diplomatic practice the term treaty is used in two senses. In a generic sense, it refers to all agreements between states which are of a binding character, and in a restricted sense it refers to a title given to instruments containing such international agreements. Instruments setting out agreements between states bear different titles, such as Treaty, Agreement, Convention, Protocol, Act, Declaration, Statute, Regulations, Provisions, Pact, Covenant, Compromise, Accord, Arrangements, Modus Vivendi, Exchange of Notes and Concordat. It is, however, not obligatory to give a title to an international agreement, as agreements can be concluded even by exchange of letters or notes. Some of the agreements are highly formal in character whilst others are not. The titles given to international agreements have little significance from the legal point of view, as all international agreements, by whatever name called, are equally binding in nature. In diplomatic literature, the terms treaty, convention, and
protocol are all applied more or less indiscriminately to international agreements. Sometimes the same instrument is designated in different places in its text by different terms. There is no obvious explanation for this diversity of terminology.
International law prescribes neither the form nor the procedure for the making of international engagements, and consequently their form depends upon the will and convenience of the parties. In practice it is governed also by usage and varies depending on whether agreement is reached between states, heads of state, governments (increasingly used), or particular ministers or departments.
It is not every international instrument, however formal it may be, that would be regarded as a treaty. Unless the instrument creates contractual obligations between two or more states, the essential requirements of a treaty are not fulfilled. The binding nature of treaty obligations is the oldest and doubtless the most fundamental rule of international law.
Of all international engagements which are intended to have an obligatory character the most important are treaties, the term being derived from the French traiter [ L. tractare ], which means to negotiate.
The next most solemn type of international engagement is the convention, derived from the Latin word conventio meaning agreement. This term is frequently, though not necessarily, employed in connection with agreements to which a large number of countries are parties, and especially to agreements of the law-making type.
The treaty document covers the following parts:
1. The preamble containing:
(a) a list of the heads of state in whose names the treaty is concluded;
(b) a list of plenipotentiaries;
(c) usually a statement of the purposes and objectives of the treaty, sometimes accompanied by a recital of principles and circumstances;
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(d) a declaration that the plenipotentiaries have the necessary powers.
2. The text generally containing, in the form of numbered articles, the respective agreements of the signatories. It also indicates:
(a) the requirements for bringing the treaty into force;
(b) its duration;
(c) the place where the exchange of ratifications will take place.
3. The final clauses, specifying that the plenipotentiaries have signed the treaty and have affixed their seals thereto, and including information on:
(a) the number of signed copies;
b) if in more than one language, the languages used, and that each is equally authentic;
(c) the place and date of signature.
According to the importance of a treaty, the preamble can be more or less enlarged. The statements in the final clauses are, on the contrary, usually identical.
The provisions of a treaty determine the manner in which and the date on which the treaty enters into force. Where the treaty does not specify a date, there is a presumption that the treaty is intended to come into force as soon as all the negotiating states have consented to be bound by the treaty.
After a treaty is concluded, the written instruments, which provide formal evidence of consent to be bound by ratification, accession, and so on, and also reservations and other declarations, are placed in the custody of a depositary, who may be one or more states, or an international organization. The depositary has functions of considerable importance relating to matters of form, including provision of information as to the time at which the treaty enters into force. The United Nations Secretariat plays a significant role as depositary of multilateral treaties.
As regards treaties, conventions, etc., these, when concluded between two countries, are now ordinarily signed in two texts, viz., in the respective languages of the two countries, though exceptions occur. In the case of treaties of a general nature - multilateral treaties - concluded between many states, the usual practice was to use French, but now it is French and English. Those concluded under the auspices of the United Nations normally have texts in its official languages, all equally authentic.
The authenticity of the text is established by means of the signatures of the plenipotentiaries. It will depend on the circumstances whether signature alone is sufficient to bring the treaty into force or whether some further step, such as ratification, is necessary.
Sometimes, however, when an appreciable interval occurs between the conclusion of the negotiations and the signature of a treaty, the plenipotentiaries append to it their initials ne varietur as a guarantee of the authenticity of the text. (From A Diplomats Handbook of International Law and Practice by B. Sen)
EXHIBIT 1
TREATY
TREATY
of Friendship and Cooperation between (name of country) and (name of country)
| (1) | The Republic of... and the Republic of Proceeding from the close relations of all-round cooperation existing between them; Firmly believing that the all-out strengthening of friendly relations between the Republic of... and the Republic of... is in the vital interests of the peoples of both countries and serves the cause of world peace; Expressing their firm resolve to contribute to the development of good relations and mutually advantageous between states with different social systems; Striving to continue the development and perfection of all-round cooperation between the two countries; in accordance with the purposes and principles of the Charter of the United Nations Organization; HAVE RESOLVED to conclude this Treaty of Friendship and Cooperation AND AGREED as follows: |
| (2) | Article 1 The High Contracting Parties shall continue strengthening relations of friendship, solidarity and mutual aid. They shall steadfastly develop political relations, deepen all-round cooperation, and give each other all- out support based on mutual respect for state sovereignty and independence, equality and non-interference in each others internal affairs. Article 2 The High Contracting Parties shall join efforts to strengthen and expand mutually advantageous economic, scientific and technical cooperation with the aim of steadily improving the material and cultural standards of the peoples of their countries [....] Article 3 The High Contracting Parties shall promote ties in the spheres of culture, education, literature and the arts, public health, environmental protection, tourism, and in other fields [...] Article 4 The High Contracting Parties shall contribute in every way possible to the defence of international peace and the security of nations, and shall support he just struggle for the eradication of racism in all its forms and manifestations. Article 5 The High Contracting Parties shall consult each other on all important international issues affecting the interests of the two countries. In case one of the Parties becomes the object of attack or of a threat of attack, the High Contracting Parties shall immediately begin mutual consultations with a view to removing that threat and taking appropriate measures to ensure peace and the security of their countries. Article 6 The treaty shall not affect the rights and obligations of the Parties under bilateral and multilateral agreements now in force, concluded with their participation [...] |
| (3) | Article 7 The treaty is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification which shall take place in the city of at the earliest date. Article 8 The treaty is concluded for a period of 10 years and shall be automatically prolonged every time for another 5-year period, unless either of the High Contracting Parties gives notice of its wish to terminate it twelve months before the expiration of the respective period. IN WITNESS WHEREOF the undersigned, being duly authorized for that purpose, have signed this Treaty. DONE AT... this... day of... one thousand nine hundred and, in duplicate, each copy in the English and Spanish languages, both texts being equally authentic. |
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For the Republic of
(signed)
For the Republic of
(signed)
Note: (1) - the Preamble
(2) - the Substantive Articles
(3) - the Final Provisions
EXHIBIT 2
CONVENTION
CONVENTION
on the Prohibition of Military or Any Other Hostile Use of Environmental
Modification Techniques
The States Parties to this Convention,
Guided by the interests of consolidating peace, and wishing to contribute to the cause of halting the arms race and of bringing about general and complete disarmament under strict and effective international control,
Determined to continue negotiations with a view to achieving effective progress towards further measures in the held of disarmament, [...]
Realizing that the use of environmental modification techniques for peaceful purposes could improve the interrelationship of man and nature and contribute to the improvement of the environment for the benefit of present and future generation,
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Desiring to prohibit effectively military or any other hostile use of environmental modification techniques [...],
HAVE AGREED as follows:
Article 1
Each State Party to this Convention undertakes not to engage in military or any other hostile use of environmental modification techniques [...].
Article 2
As used in Article 1, the term environmental modification techniques refers to any technique for changing through the deliberate manipulation of natural processes the dynamics, composition or structure of the earth, or of outer space.
Article 3
The provisions of this Convention shall not hinder the use of environmental modification techniques for peaceful purposes and shall be without prejudice to the generally recognized principles and applicable rules of international law.
Article 4
Each State Party to this Convention undertakes to take any measures it considers necessary in accordance with its constitutional procedures to prohibit and prevent any activity in violation of the provisions of the Convention anywhere under its jurisdiction or control.
Article 5
The States Parties to this Convention undertake to consult one another and to cooperate in solving any problems which may arise in relation to the objectives of the Convention.[...]
Article 6
1. Any State Party to this Convention may propose amendments to the Convention. The text of any proposed amendment shall be submitted to the Depositary, who shall promptly circulate it to all States Parties. [...]
Article 7
This Convention shall be of unlimited duration.
Article 8
Five years after the entry into force of this Convention, a conference of the States Parties to the Convention shall be convened by the Depositary at Geneva, Switzerland.
Article 9
1.This Convention shall be open to all States for signature.
2.This Convention shall be subject to ratification by signatory States. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. [...]
Article 10
This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit duly certified copies thereof to the Governments of the signatory and acceding States.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at Geneva on the eighteenth day of May, one thousand nine hundred and seventy-seven.
For the Government of
(signed)
For the Government of
(signed)
EXHIBIT 3
COVENANT
THE COVENANT
of the League of Nations
THE HIGH CONTRACTING PARTIES,
In order to promote international cooperation and to achieve international peace and security
by the acceptance of obligations not to resort to war,
by the prescription of open just and honourable relations between nations,
by the firm establishment of the understandings of international law as the actual rule of conduct among Governments, and
by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organized peoples with one another,
Agree to this Covenant of the League of Nations.
Article 1
The original Members of the League of Nations shall be those of the Signatories which are named in the Annex to this Covenant and also such of those other States named in the Annex as shall accede without reservation to this Covenant. Such accession shall be effected by a Declaration deposited with the Secretariat within two months of the coming into force of the Covenant. Notice thereof shall be sent to all other Members of the League.[...]
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Article 2
The action of the League under this Covenant shall be effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat.
Article 3
The Assembly shall consist of Representatives of the Members of the League.
The Assembly shall meet at stated intervals and from time to time as Occasion may require at the Seat of the League or at such other place as may be decided upon.
The Assembly may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world. At meetings of the Assembly each Member of the League shall have one vote, and may have not more than three Representatives.
Article 4
The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly from time to time at its discretion.
The Council shall meet from time to time as occasion may require, and at least once a year, at the Seat of the League, or at such other place as may be decided upon. [...]
Article 5
Except where otherwise expressly provided in this Covenant or by the terms of the present Treaty, decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting.[...]
Article 6
The permanent Secretariat shall be established at the Seat of the League. The Secretariat shall comprise a SecretaryGeneral and such secretaries and staff as may be required.
The first Secretary-General shall be the person named in the Annex; thereafter the SecretaryGeneral shall be appointed by the Council with the approval of the majority of the Assembly. [...]
Article 7
The Seat of the League is established at Geneva.
The Council may at any time decide that the Seat of the League shall be established elsewhere.
All positions under or in connection with the League, including the Secretariat, shall be open equally to men and women.[... ]
Article 8
The Members of the League recognize that the maintenance of peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations. [...]
Article 9
A permanent Commission shall be constituted to advise the Council on the execution of the provisions of Articles 1 and 8 and on military, naval and air questions generally.
Article 10
The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.
Article 11
Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations.
Article 12
The Members of the League agree that, if there should arise between them any dispute likely to lead to a rupture they will submit the matter either to arbitration or judicial settlement or to enquiry by the Council. [...]
Article 13
The Members of the League agree that whenever any dispute shall arise between them which they recognize to be suitable for submission to arbitration or judicial settlement and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration or judicial settlement. [... ]
Article 15
If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration or judicial settlement in accordance with Article 13, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary-General, who will make all necessary arrangements for a full investigation and consideration thereof.
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For this purpose the parties to the dispute will communicate to the Secretary-General as promptly as possible, statements of their case with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.[]
Article 16
Should any Member of the League resort to war in disregard of its covenants under Articles 12,13 or l5,it shall ipso facto be deemed to have committed an act of war against all other Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nationals and the nationals of the covenant-breaking State, and the prevention of all financial, commercial or personal intercourse between the nationals of the Covenant-breaking State and the nationals of any other State, whether a Member of the League or not. [...]
Article 17
In the event of a dispute between a Member of the League and R State which is not a Member of the League, or between States not Members of the League, the State or States not Members of the League shall be invited to accept the obligations of membership in the League for the purposes of such dispute, upon such conditions as the Council may deem just. If such invitation is accepted, the provisions of Articles 12 to 16 inclusive shall be applied with such modifications as may be deemed necessary by the Council. [...]
Article 18
Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.
Article 19
The Assembly may from time to time advise the reconsideration by Members of the League of treaties which have become inapplicable and the consideration of international conditions whose continuance might endanger the peace of the world.
Article 20
The Members of the League severally agree that this Covenant is accepted as abrogating all obligations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof. [... ]
Article 21
Nothing in this Covenant shall be deemed to affect the validity of international engagements, such as treaties of arbitration or regional understandings like the Monroe doctrine, for securing the maintenance of peace.
Article 22
To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilization and that securities for the performance of this trust should be embodied in this Covenant. [... ]
Article 23
Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League:
(a) will endeavour to secure and maintain fair and humane conditions of labour for men, women, and children, both in their own countries and in all countries to which their commercial and industrial relations extend, and for that purpose will establish and maintain the necessary international organizations; [... ]
Article 25
The Members of the League agree to encourage and promote the establishment and cooperation of duly authorized voluntary national Red Cross organizations having as purposes the improvement of health, the prevention of disease and the mitigation of suffering throughout the world.
Article 26
Amendments to this Covenant will lake effect when ratified by the Members of the League whose Representatives compose the Council and by a majority of the Members of the League whose Representatives compose the Assembly.
No such amendments shall bind any Member of the League which signifies its dissent therefrom, but in that case it shall cease to be a Member of the League.
ASSIGNMENTS
I. Read the text and answer the checkup questions.
1. What are the most typical forms of international agreement? 2. What does the term treaty imply in a generic and a restricted sense? 3. What is the compositional design of treaties and conventions? 4. Which part of a treaty contains a statement of the purpose? 5. And which part embodies the substantive commitments undertaken by the contracting parties? 6. How is the authenticity of the text established? 7. What languages are used in treaties and other international compacts?
II. Complete the following sentences using the required information from the above text.
1. In international law and diplomatic practice the term treaty is used in.... 2. Instruments setting out agreements between states bear different titles, such as.... 3. It is not obligatory to give a title to an international agreement, as 4. International law prescribes neither... nor.... 5. The form of a treaty is governed by... and varies depending on 6. The provisions of a treaty determine 7. The authenticity of the text is established by means of....
III. Suggest the Russian for:
1) accession; 2) the authenticity of the text; 3) a binding international agreement; 4) contractual (treaty) obligations; 5) entry into force; 6) the exchange of ratifications; 7) equally authentic; 8) the final clauses of a treaty; 9) a multilateral treaty; 10) the negotiating states; 11) a party to a treaty; 12) the plenipotentiaries; 13) the provisions of a treaty; 14) the signatory governments; 15) under the auspices of the United Nation 16) to affix ones seal; 17) to place (an instrument) in the custody of a depositary.
IV Find in the text the words and phrases of foreign origin pertaining to diplomatic intercourse, explain them in English. Consult the Glossary of Diplomatic Terms if necessary.
V. Study the texts in exhibits 1-3, point out words and phrases pertaining to the formal style.
VI. Memorize the phrases below, suggest their Russian equivalents. Consult Appendix III if necessary.
1) determined to continue negotiations; 2) expressing their firm resolve to contribute to; 3) firmly believing that; 4) guided by the interests of consolidating peace; 5) proceeding from the close relations of all-round cooperation existing between them; 6) recalling the Declaration of the UN Conference; 7) striving to continue the development of; 8) wishing to contribute to the cause of halting the arms race; 9) have resolved to conclude this Treaty; 10) and have agreed as follows.
VII. Study the use of italicized words in different phrases, suggest their Russian equivalents.
TREATY.
a basic ; a binding ; a boundary -; a collective ; a commercial ;
a demarcation.-; an (in)equitable -; an international ; a non-aggression
.-; a non-proliferation.-; an open -.; a peace ; a restricted ; Strategic
Offensive Arms Limitation -.; a trade ; a universal.-; a - of alliance; a of cession; a of commerce and navigation; a of friendship, cooperation, and mutual assistance; a of guarantee; a of mutual security; a of neutrality; a of unlimited duration; breach of an international.-; the coming of a into force; denunciation of a ; prolongation of a ; renunciation of a ; the substantive articles of a ; to accede to a ; to adhere to a ; to conclude a ; to denounce a ; to enter into a ; to extend the validity of a ; to initial a.-; to observe a ; to prolong the validity of a to ratify a ; to register a ; to render a invalid; to renounce a ; to sign a ; to violate a ; to withdraw from a -.
NEGOTIATIONS
armscontrol -; bilateral ; cease-fire ; diplomatic; fruitful
multilateral ; peace ; separate ; stage-by-stage -; top-level ; trade.-; on medium-range nuclear force; - on a wide range of issues; a new round of ; a breakdown in the ; completion of ; an outcome of ; postponement of ; progress of ; results of ; by means of ; in the course of; through ; within the framework of -; to begin -.; to break off; to carry on.-; to complete ; to conduct ; to continue -.; to delay -; to discontinue ; to enter into ; to hold -; to initiate -; to resume -; to suspend -; to torpedo ; to wreck
TO NEGOTIATE
to - a loan; to ≈ a sale; to ≈ a treaty; to ≈ terms of peace; to for a cease-fire; to for peace; to - for a truce; to from a position of strength.
VIII. Suggest the English for:
1) ; 2) ; 3) ; 4) ; 5) ; 6) ; 7) ; 8) ; 9) ; 10) .
IX. Find out the meanings of whilst, thereof and whereof, as used in the text and exhibits.
Consult a dictionary.
1. Some agreements are highly formal in character, whilst others are not.
2. The Secretary-General of the United Nations shall transmit duly certified
copies thereof to the Governments of the signatory and acceding States.
3. In witness whereof the undersigned, being duly authorized for that purpose,
have signed this Treaty.
X. Memorize the archaic words below pertaining to the formal style. Translate into Russian using the following definitions:
hereafter: after this; following this; from now on; in the future; hereat:
at this time; as a result of this; hereby: by or through this; by this means; herein: in or into this place; in this matter, writing; hereinafter: below (in this document, speech, etc.); hereinbefore: in a preceding part (of this document, speech, etc.); hereinto: into this place; into this matter, condition; hereof: of this; from this; concerning this; hereto: to this matter; hereupon: after this; immediately following this; in consequence of this; herewith: along with this; by this method or means.
XI.Translate into Russian paying attention to time words in bold type.
1. Subject to the provisions of the instruments relating to the meetings specified hereunder the Director-General shall take all necessary steps for the application of the present Regulations. 2. The States Parties to the present Covenant have submitted the reports on the progress made in achieving the observance of the rights recognized herein. 3. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). 4. It shall consist of eighteen members and shall carry out the functions hereinafter provided. 5. The General Conference invites the Director-General to take into account considerations annexed hereto. 6. For the financial period 1994-1996 the amount of $625, 374, 000 is hereby appropriated for the purposes indicated in the appropriation table. 7. The International Maritime Satellite Organization herein referred to as the Organization, is hereby established.
XII. Study the use of pending in different phrases. Mind that, when used as a preposition, it may correspond to the Russian , , .
| PENDING | the achievement of its objectives the conclusion of such arrangements the filling of a vacancy the final decision a permanent settlement of the issue such ratification these negotiations |
XIII. Translate into Russian
1. The Assembly declared, that, pending the establishment of an international regime, States were bound to refrain from all activities of exploitation of the resources of the area beyond the limits of national jurisdiction. 2. Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council. 3. Separate assemblies and conferences of representatives of States and organizations continue to be held pending the formal accession to membership in WIPO (World Intellectual Property Organization) of other States. 4. Pending ratification the Government of the Republic of Cyprus undertakes to give provisional application to the arrangements contained in this letter. 5. Deficiency in the number of representatives on the Council pending the filling of a vacancy shall not invalidate the composition of the Council. 6. Pending the final decision, the tribunal may indicate any measures which it considers ought to be taken. 7. The Director-General may assume his functions after appointment and pending confirmation.
XIV. Memorize the following:
| having regard for (to) having respect for | |
| in this regard / in this context / in this respect | / / / |
| in regard to / as regards / regarding/ with regard to (for) as to / as for in respect of (for)/ with respect to concerning / as concerns | / / / / / / / |
| with due regard to | |
| to regard as |
XV. Translate into Russian.
I. National cultural industries should be regarded as one of the most important factors in endogenous cultural development. 2. The action of Unesco should be based on the democratization of education with due regard to the extension of lifelong education. 3. Regarding the forms of the Organizations action in the field of education regional cooperation can be seen as being particularly worthy of consideration as regards regional exchanges of experience. 4. The exceptional importance of the search for solutions with regard to the rational use of natural resources will warrant particularly close attention. 5. Any measure in this respect must be based on the recognition of the inalienable right of all states freely to dispose of their natural wealth and resources.
XVI. Study the following table. Mind that the English expressions below correspond to the Russian ( - .), ( - .) (-.)
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in | accordance compliance conformity keeping line | with |
| pursuance | of |
| pursuant according | to |
XVII. Fill in each blank with the required preposition.
I. The States Parties... the present Covenant shall respect that right pursuance., the provisions... the Charter. 2. Reservations... this Protocol may be made... compliance... international law. 3 the arbitral decision, the Contracting Party which has made known its dissatisfaction shall have the right to require the other Contracting Party to maintain the tariffs previously... force. 4. The second paragraph... article 27, paragraph 1, shall also apply... any information which,... virtue... this article, is supplied... the competent authority... the requested State. 5 the event denunciation, the Contracting Parties shall take all necessary action to ensure the continuation and completion... all contracts signed... this Protocol. 6. The Chairman shall exercise the powers... his office... accordance customary practice.
XVIII. Translate into English taking note of the words and phrases in bold type.
1. , 2 , - . 2. 48 - . 3. , , , . 4. . 5. 9.1 .
XIX. Account for the use of shall in the sentences below, translate Into Russian.
The High Contracting Parties shall continue strengthening relations of friendship, solidarity and mutual aid. 2. They shall contribute in every way possible to the defence of international peace and security. 3. The present Treaty shall enter into force on the date of the exchange of instruments of ratification. 4. This Convention shall be open to all States for signature. 5. It shall be deposited with the Secretary-General of the United Nations. 6. All reports shall be submitted to the Secretary-General, who shall transmit copies to the Economic and Social Council for consideration. 7. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.
XX. Define the term alternat, as seen from the text below.
International courtesy has established a custom called rotation in precedence (alternat) which confers on each state the right to occupy, in rotation, the place of honour in signing international acts in which it participates. This means that, when the final documents are drawn up, the first place in the list of the participating powers is given successively to each of the signatory states. Its plenipotentiary moves to the head of the list and signs at the place of honour, that is to say, at the left if the names of the signatories are placed side by side, or at the top if they are disposed vertically. Each state receives the signed original of the convention where its name appears first. This procedure is not normally followed in the signature of multilateral acts, because it is now customary to sign only one original of such documents.
The other plenipotentiaries then sign in the order previously agreed upon.
This manner of presentation must be exactly respected in the instruments of ratification, in the official reports of the exchange of instruments of ratification and at the time of the official publication of the texts. It should be noted that, according to the language employed for the drafting of a convention, the alphabetic order of the states can vary appreciably.
XXI. Study the preamble to the Treaty on the European Union. Suggest the Russian for the italicized words and phrases.
TREATY
on the European Union
HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTYTHE QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Resolved to mark a new stage in the process of European integration undertaken with the establishment of the European Communities,
Recalling the historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe,
Confirming their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law,
Desiring to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,
Desiring to enhance further the democratic and efficient functioning of the institutions so as to enable them better to carry out, within a single institutional framework, the tasks entrusted to them,
Resolved to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union including, in accordance with the provisions of this Treaty, a single and stable currency,
Determined to promote economic and social progress for their peoples, within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields,
Resolved to establish a citizenship common to nationals of their countries,
Resolved to implement a common foreign and security policy including the eventual framing of a common defence policy, which might in time lead to a common policy defence, thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world,
Reaffirming their objective to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by including provisions on justice and home affairs in this Treaty,
Resolved to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizens in accordance with the principle of subsidiarity,
In view of further steps to be taken in order to advance European integration,
Have decided to establish a European Union and to this end have designated as their Plenipotentiaries:
WHO, having exchanged their full powers, found in good and due form, have agreed as follows.
XXII. Read the preamble to the convention below, compare it with the preambles in exhibits 1,2 and 3. Comment on their differences and similarities.
CONVENTION
ON THE PRIVILEGES
AND IMMUNITIES OF THE UNITED NATIONS
WHEREAS Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes and
WHEREAS Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes and that representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization;
CONSEQUENTLY the General Assembly by a Resolution adopted on 13 February 1946, approved the following Convention and proposed it for accession by each Member of the United Nations.
XXIII. Translate into Russian taking note of the words and phrases in bold type.
International Convention
on the Protection of the Rights of
Migrant Workers and Members of Their Families
PART VIII: GENERAL PROVISIONS
Article 79
Nothing in the present Convention shall affect the right of each State Party to establish the criteria governing admission of migrant workers and members of their families. Concerning other matters related to their legal situation and treatment as migrant workers and members of their families, States Parties shall be subject to the limitations set forth in the present Convention.
Article 80
Nothing in the present Convention shall be interpreted as impairing the provisionsof the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Convention.
Article 81
1. Nothing in the present Convention shall affect more favourable rights or freedoms granted to migrant workers and members of their families by virtue of:
(a) The law or practice of a State Party; or
(b) Any bilateral or multilateral treaty in force for the State Party
concerned.
2. Nothing in the present Convention may be interpreted as implying for any State, group or person a right to engage in any activity or perform any act that would impair any of the rights and freedoms as set forth in the present Convention.
Article 82
The rights of migrant workers and members of their families provided for in the present Convention shall not be renounced. It shall not be permissible to exert any form of pressure upon migrant workers and members of their families with a view to their relinquishing or foregoing any of the said rights. It shall not be possible to derogate by contract from rights recognized in the present Convention. States Parties shall take appropriate measures to ensure that these principles are respected.
XXIV. Identify different parts of the following convention. Comment on tie phraseology used.
a)
CENTRE for
EUROPEs CHILDREN
The States Parties to the present Convention,
Taking into account the principles embodied in the basic instruments of the United Nations concerning human rights, in particular the Universal Declaration of Human Rights, the International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of the Child,
Taking into account also the principles and standards set forth in the relevant instruments elaborated within the framework of the International Labour Organization,...,
Reaffirming the importance of the principles contained in the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization,
Recalling the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, the Declaration of the Fourth
United Nations Congress on the Prevention of Crime and the Treatment of Offenders, the Code of Conduct for Law Enforcement Officials, and the Slavery Conventions,
Recalling that one of the objectives of the International Labour Organization, as stated in its Constitution, is the protection of the interests of workers when employed in countries other than their own, and bearing in mind the expertise and experience of that organization in matters related to migrant workers and members of their families,
Convinced that the rights of migrant workers and members of their families have not been sufficiently recognized everywhere and therefore require appropriate international protection,
Have agreed as follows:
b) Article
1. Any State Party may denounce the present Convention, not earlier than five years after the Convention has entered into force for the State concerned, by means of a notification in writing addressed to the Secretary-General of the United Nations.
2. Such denunciation shall become effective on the first day of the month following the expiration of a period of twelve months after the date of the receipt of the notification by the Secretary-General of the United Nations. [...]
Article
1. After five years from the entry into force of the Convention a request for the revision of the Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary- General of the United Nations.[..].
2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two- thirds majority of the States Parties in accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties that have accepted them, other Slates Parties still being bound by the provisions of the present Convention and any earlier amendments that they have accepted.
Article
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of signature, ratification or accession.
2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.[...]
Article
1. The present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present Convention to all States.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.
XXV. Do the two-way translation of the Chemical Weapons Convention Preamble
| PREAMBLE | |
| The States Parties to this Convention, | , |
| . to act with a view to achieving effective progress towards .. under strict and effective international control, including...of all types of weapons of mass destruction, | , , |
| .. . to the realization of the purposes and principles of the Charter of the United Nations, | , |
| Recalling that the General Assembly of the United Nations . of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods ofWarfare, signed at Geneva on 17 June 1925 (the Geneva Protocol of 1925), | , , , 17 1925 ( 1925 ), |
| .. that this Convention principles and objectives of and the Geneva Protocol of 1925, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction signed at London, Moscow and Washington on 10 April 1972, | , , 1925 , , 10 1972 , |
| Bearing in mind the objective contained in Article IX of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, | . , I ..., |
| . ., . the possibility of the use of chemical weapons, through the implementation of the provisions of this Convention, thereby complementing the obligations assumed under the Geneva Protocol of 1925, | ., , 1925 , |
| . the prohibition, embodied in thepertinent agreement s and relevant principles of international law, of the use of herbicides as a method of warfare, | . , |
| that achievements in the field of chemistry should be used , | , , |
| . free trade in chemicals as well as international cooperation and exchange of scientific and technical information in the field of chemical activities for purposes .this Convention in order of all States Parties, | , - , , -, |
| ..that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, and their destruction, represent a necessary step ., | , ... , |
| Have agreed as follows: | : |
XXVI. Translate the preamble into Russian:
Treaty Banning Nuclear Tests in the Atmosphere, in Outer Space and Under Water, initialled in Moscow by representatives of Great Britain, the Russian Federation and the United States.
The governments of the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, hereinafter referred to as the Original Parties,
Proclaiming as their principal aim the speediest possible achievement of an agreement on general and complete disarmament under strict international control in accordance with the objectives of the United Nations which would put an end to the armaments race and eliminate the incentive to the kinds of weapons, including nuclear weapons, production and
Seeking toachieve the discontinuance of all test explosions of nuclear weapons for all time, determined to continue negotiations to this end, and desiring to put an end to the contamination of mens environment by radioactive substances,
Have agreed as follows:
XXVII.Translate the preamble into English.
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XXVIII. StudytheCTBTPreamble.
The States Parties to this Treaty (hereinafter referred to as "the States Parties"),
Welcoming the international agreements and other positive measures of recent year in the field of nuclear disarmament, including reductions in arsenals of nuclear weapons, as well as in the field of the prevention of nuclear proliferation in all its aspects,
Underlining the importance of the full and prompt implementation of such agreements and measures,
Convinced that the present international situation provides an opportunity to take further effective measures towards nuclear disarmament and against the proliferation of nuclear weapons in all its aspects, and declaring their intention to take such measures,
Stressing therefore the need for continued systematic and progressive effort to reduce nuclear weapons globally, with the ultimate goal of eliminating those weapons, and of general and complete disarmament under strict and effective international, control,
Recognizing that the cessation of all nuclear weapon test explosions and all other nuclear explosions, by constraining the development and qualitative improvement of nuclear weapons and ending the development of advanced new types of nuclear weapons, constitutes an effective measure of nuclear disarmament and non-proliferation in all its aspects,
Further recognizing that an end to all such nuclear explosions will thus constitute a meaningful step in the realization of a systematic process to achieve nuclear disarmament.
Convinced that the most effective way to achieve an end to nuclear testing is through the conclusion of a universal and internationally and effectively verifiable comprehensive nuclear test-ban treaty, which has long been one of the highest priority objectives of the international community in the field of disarmament and non-proliferation,
Noting the aspirations expressed by the Parties to the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time,
Noting also the views expressed that this Treaty could contribute to the protection of the environment,
Affirming the purpose of attracting the adherence of all States to this Treaty and its objective to contribute effectively to the prevention of the proliferation of nuclear weapons in all its aspects, to the process of nuclear disarmament and therefore to the enhancement of international peace and security,
Have agreed as follows:
XXIX. Find the English for:
-
XXX. Find the following set phrases in the text of the Preamble:
; ; ; ; ; ; ; .
XXXI. Translate the following into Russian:
