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Charter (Constitution, etc.)




The Preamble

(The Governments of) the States Parties to this (the present) Charter (Constitution, etc.),

Convinced that ,

Conscious that...,

Confident that

Determined that ,

Mindful of , etc.

 

have resolved to combine their efforts to accomplish these aims.

Accordingly (Therefore), the Governments mentioned above have agreed to the present Charter (Constitution, etc.) and do herebycreate (establish) an international organization to be known as....

The participating States,
The States represented at the Conference,

Accordingly (Therefore), the States Members (the Contracting Parties) have decided to create (to establish) an organization to be known as... and have agreed (up) on the following Charter (Constitution, etc.)

The (High) Contracting Parties,

 

 

Table 13

Final Provisions

Signature Ratification Deposit Entry into Force
This (The present Charter, Constitution, etc.) shall be (remain) open for signature by any other state in the archives of the Government of This (The present) Charter (Constitution, etc.) shall be ratified (be subject to ratification) by the signatory States in accordance with their respective constitutional procedures....   The instruments of ratification shall be deposited with the Government of, which shall notify the signatory States of such deposit . This (The present) Charter (Constitution, etc.) shall come (enter) into force when two- thirds of the signatory States have deposited their ratifications (upon the deposit of ratifications by...)  

 

IN FAITH

(WITNESS)

WHEREOF

the undersigned (Plenipotentiaries), (being) duly authorized to that effect

sign (have signed)

this (the present)

Charter (Constitution, etc.)

in the English and French
languages, both texts (being) equally
authentic

the Plenipotentiaries of the Governments of the Contracting Parties (Countries) whose full powers have been presented and found to be in good and due form for that purpose

 

 

 

DONE

 

at (in)

 

 

London

on July 10,1996

In a single copy

(in two copies)

in the English and

French languages,

of which certified

copies will be

Communicated to

each Party
this 10 th day of July 1996   the 10 th day of July 1996 the Governments of all t he States Parties to this (the present) Charter (Constitution, etc.)  
in the city of this tenth day of July one thousand nine hundred and ninety- six all Member States of the United Nations

 


2. STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

One of the main purposes of the United Nations is to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace. It was with this aim in view that the Charter of the United Nations created the International Court of Justice as one of the main organs of the United Nations (Articles 1 and 7).

The importance of the place occupied by the Court in the United Nations is emphasized by other provisions of the Charter: the Court is the principal judicial organ of the United Nations (Article 92); further, the Security Council, when called upon to make recommendations in a dispute, the continuance of which is likely to endanger the maintenance of international peace and security, should take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice (Article 36).

The idea of entrusting the settlement of international disputes to an impartial authority, which would give a decision on the basis of law, is a very old one. Examples are to be found in ancient Greece, but the modern development of international arbitration dates from the Jay Treaty of 1794, between Great Britain and the United States, which provided for the establishment of mixed commissions for the settlement of a number of disputes existing between the two countries.

A further stage in the development of the judicial settlement of international disputes was reached with the First Hague Peace Conference of 1899. The Powers which took part in that Conference signed the Hague Convention for the Pacific Settlement of International Disputes and set up the permanent Court of Arbitration. It was maintained by the Second Hague Peace Conference of 1907 and is still in existence.

The creation in 1920 of the Permanent Court of International Justice, for which provision had been made in the Covenant of the League of Nations, marked the greatest advance in the field of the judicial settlement of international disputes.

In 1945, a new judicial organ, the International Court of Justice, was brought into being by the Charter of the United Nations. The Statute of the Court is annexed to the Charter, of which it forms an integral part. Except for a few changes, most of which are purely formal, it is similar to the Statute of the Permanent Court of International Justice. Furthermore, when the new Court met, it adopted the Rules of Court of its predecessor without any substantial change. On 10 May 1972, however, certain amendments were adopted, to take effect the following September, and, on 14 April 1978, the Court adopted a completely revised set of Rules, which came into force on 1 July of that year. The modifications were aimed in particular at simplifying and accelerating proceedings, to the extent that this depended on the Court, at introducing greater flexibility and at helping parties to keep down costs.

In accordance with Article 38 of its Statute, the International Court of Justice applies

(a) international conventions and treaties, (b) international custom, (c) the general principles of law recognized by civilized nations, and (d) judicial decisions and the teachings of the most highly qualified publicists as subsidiary means of the determination of rules of law. Furthermore, the Court may decide a case exaequo et bono - that is, according to the principles of equity - if the parties agree thereto.

 

 

EXIBIT 18

STATUTE

STATUTE
OF THE INTERNATIONAL BUREAU OF EDUCATION

The undersigned,

Considering that the development of education is an essential factor in the establishment of peace and in the moral and material progress of humanity,

That the collection of data on research and application in the field of education and the assurance of extensive interchange of information and data by which each country may be stimulated to benefit by the experiences of others is of importance to this development,

That the existing International Bureau of Education in Geneva, which has already proved its worth, is best suited to carry out this task provided that the necessary means are forthcoming,

That the organizations represented in the Bureau can effectively contribute to its development,

Are resolved that its future activity shall be regulated by the present statute.

 

Article 1

An institution of general and public interest, to be known as the International Bureau of Education, is hereby created.

 

Article 2

The purpose of the International Bureau of Education is to serve as an information centre for all matters relating to education []

 

Article 3

The seat of the International Bureau of Education is to be at Geneva.

 

 

Article 5

The rights of membership of the International Bureau of Education shall be limited to the period for which members have paid their subscriptions.

 

Article 6

Membership of the International Bureau of Education may be terminated by submission of a notice of one year dating from the end of the current fiscal year.

 

Article 7

The organs of the International Bureau of Education are to be: the Council, the Executive Committee, Commissions, and a Secretariat.

 

Article 8

The Council shall be the supreme power of the International Bureau of Education. It shall be composed of three representatives from each of the members and shall meet once a year [... ]

 

Article 9

The functions of the Council shall be:

(a) to hear the report of the Executive Committee and the reports of the Commissions on matters dealt with between Council meetings;

(b) to determine the general policy of the work to be undertaken by the International Bureau of Education [...]

 

Article 10

The Council shall be duly constituted whatever may be the number of members present at a meeting.

 

Article 11

The Council shall delegate its powers to the Executive Committee to act between the sessions of the Council, whenever the Chairman deems it necessary [...]

The Council shall elect the Executive Committee every two years, its members being eligible for re-election.

 

Article 12

The Council shall appoint a Standing Advisory Committee, consisting of from fifteen to thirty members [...]. It shall also appoint a Financial Committee.

 

Article 13

The Council may appoint Commissions to deal with any special question deemed desirable.

 

Article 14

The Secretariat, headed by a Director, shall be responsible for the technical and administrative work of the Bureau. The Director and all other members of the staff shall be appointed by the Executive Committee [... ].

 

ASSIGNMENTS

I. Read the text and answer the checkup questions.

1. What was the aim of creating the International Court of Justice?
2. Where should legal disputes be referred to? 3. When does the modern development of international arbitration date from? 4. What was the role of the First Hague Peace Conference of 1899? 5. What marked the greatest advance in the field of the judicial settlement of international disputes? 6. When was a new judicial organ brought into being? 7. When did the International Court of Justice adopt a completely revised set of Rules?

 

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

 

1. The importance of the place occupied by the Court in the United Nations is emphasized by.... 2. The idea of entrusting the settlement of international disputes to an impartial authority is.... 3. The Permanent Court of Arbitration was maintained by.... 4. The Statute of the Court is annexed to.... 5. On 14 April 1978, the Court adopted a completely revised set of Rules, which.... 6. The modifications were aimed in particular at .7. Furthermore, the Court may decide a case....

 

III. Suggest the Russian for:

1) adjustment or settlement of international disputes; 2) annexed to the Charter;

3) the general principles of law recognized by civilized nations; 4) an impartial authority; 5) a judicial organ; 6) a legal dispute; 7) the principles of equity; 8) a revised set of Rules; 9) to decide a case; 10) to endanger the maintenance of international peace; 11) to keep down costs; 12) to simplify proceedings; 13) to take effect.

 

IV. Fill in each blank with the suitable word or phrase from the text.

1. The International Atomic Energy Agency (IAEA) came into existence on 29 July 1957.

Its... had been approved on 26 October 1956, at an international conference held at United Nations Headquarters, and came into... when instruments of ratification had been deposited by at least 18 signatory States. 2. The power of the... to give an advisory opinion is derived from Article 65 of the Statute. 3. It is true that most interpretations of the... of the United Nations will have political significance, great or small. 4. It is only the... which can require enforcement by coercive action against an aggressor. 5. The Court made it clear that as the principal... of the United Nations it was entitled to exercise in regard to an article of the Charter, a multilateral an interpretative function of which falls within the normal exercise of its... powers. 6 to the present Statute shall be effected by the same procedure as is provided by the Charter of the United Nations for amendments to that Charter.

 

V. Study the text in exhibit 18, point out words and phrases pertaining to the formal style.

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

 

1) the fiscal year; 2) the right of membership; 3) the supreme power; 4) to assure the extensive interchange of information; 5) to be best suited to; 6) to be eligible for reelection; 7) to benefit by the experience of others; 8) to be terminated by submission of a notice; 9) to contribute effectively to; 10) to delegate ones power to; 11) to pay ones subscriptions; 12) to regulate the activity.

 

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

delict, good offices, modus vivendi, ne varietur, statute.

 

VIII. Study the use of italicized words in different phrases, suggest their Russian equivalents.

LEGAL

 

≈ effect; ≈ effects; ≈ entity; ≈ implications; ≈ instrument; ≈ force of an agreement; ≈ personality; ≈ protection; ≈ relations; ≈ unit; ≈ validity; ≈ views; international ≈ guarantees;

international ≈ norms.

JUDICIAL

 

≈ decision; ≈ organ: ≈ proceeding; to take (bring) ≈ proceedings against smb.

 

JURIDIC, JURIDICAL

≈ person; ≈ days

 

IX. Explain the meaning of relating to as used in exhibit 18 (Article 2). Memorize the following:

 

relations  
in relation   to relate   to   to ,  
  related     relating   relative     to     to   to  
relevance   to
relevant   to

 

X. Fill in each blank with the required word or phrase. Consult assignment IX.

1. The situation in this field has not progressed... to the previous period. () 2. The international seminars were found... and timely. () 3. They spoke of the need to develop activities... educational applications of computers. () 4. They highlighted the necessity to use the findings of all scientific research... to education. () 5. He proposed... the education of young children to health, nutrition, labour and social assistance problems. () 6. 45 per cent of the Members still maintain working... with Unesco. ()

 

XI. Translate into English replacing the words in bold type by their Latin equivalents.

 

1. . 2. 6 (. . 6 ). 3. . 4. 1990 . - . 5. , , . 6. , . 7. // .

XII. Translate into English deciphering the abbreviations. Consult Appendix II if necessary.

1. . 2. . 3. , 1976 . ().4. , . 5. . 6. . 7. , , , . 8. ()

 

XIII. Read the final provisions from the IAEA Statute below, translate into Russian.

 

Article 21

 





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