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Rules, principles, and standards




The rules of international law are the legal norms that can be verified as the products of generally recognised law-creating processes. For purposes of systematic exposition and legal education, principles can be abstracted from legal rules. Such principles of international law provide the common denominator for a number of related legal rules. They must not be abused by reversing the procedure for the purpose of deriving from them additional legal rules that cannot be verified independently by reference to the primary or secondary law-creating processes of international law. International customary law can be summarised in a number of fundamental principles. By way of treaty, subjects of international law are free to create additional principles; e.g., those of freedom of commerce or navigation, or a principle such as that of peaceful coexistence. Unless parties desire to give unconditional effect to any such optional principle, they have at their disposal counterparts to compulsory rules in the form of optional standards, such as those postulated by most favoured nation and preferential treatment.

International Court of Justice (World Court)

International Court of Justice is the principal judicial organ of the United Nations. The court consists of 15 judges, no two of whom may be nationals of the same state, elected by the General Assembly and the Security Council. The seat of the court is at the Hague, but it may hold sessions elsewhere whenever it considers it desirable. Because the function of the court is to pass judgement upon disputes between sovereign states, only such states may be parties in cases before the court. It is open to all states that are party to the statute of the court and to such other states as comply with conditions laid down by the Security Council. No state can be sued before the World


Court unless it consents to such an action. The International Court of Justice decides disputes in accordance with international law as found in international conventions, international custom, the general principles of law recognised by civilised nations, judicial decisions, and the writings of the most highly qualified experts on international law.

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9. .

- - - sovereign states - independent judicial authority - conflict of laws - - - - obligations of a reciprocal character

- common-law countries - legal differences -
- - - -
world developments - to acquire a leading stand - treaty clauses - to take
for granted - -
- international conventions - judicial decisions - on regional
basis - constitutional norms -

- - the existence in the background - fundamental
principles - - expansion of European society -
public law.

10. . .

The legal systems rooted in the English common law have diverged from their parent system so greatly over time that in many areas the legal approaches of common-law countries differ as much among themselves as they do with the civil-law countries. Indeed, England and the United States


have so many legal differences that they are sometimes described as "two countries separated by a common law." The most striking differences are found in the area of public law: England has no written constitution and no judicial review, whereas every court in the United States possesses the power to pass judgement on the conformity of legislation and on other official actions to constitutional norms. Throughout the twentieth century, many areas of US law have been "constitutionalised" by the increasing exercise of judicial power. Other factors that account for much of the distinctiveness of public law in the United States are its complex federal system and its presidential, as distinct from parliamentary, form of government.

11. .

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1. The roots of many Anglo-American legal concepts are being traced to
Roman legal principles both by jurists and historians.

2. Norman French terms alongside Anglo-Saxon ones were introduced in
legal procedure after the Norman conquest of England in 1066.

3. English legal proceedings were carried on in the French language until
the late fourteenth century.

4. Numerous French terms are still commonly used, such as petit and
grand juries.

5. It is charged that conservative jurists no longer hold the high ground in
the jurisprudential debate and that we have, in fact, become indistin
guishable from those whom we were once accustomed to criticise.

6. In the case of a new global war the existing world order will have been
altered gone by the end of this war.

7. The only liberal in a die-hard conservative government was gone in
eight months, charging that the administration had reneged on its prom
ises.

8. The outcome of the Supreme Court's decision was not expected to fall
on one side or the other of the federalism divide, but these expectations
would not be justified.

9. The celebrity signers found good reason to believe that Vice President
had been elected President by a clear constitutional majority of the
popular vote.

10. Cultural issues were being suppressed in the election campaign be
cause the two sides were so cemented and evenly matched that the
marginal voters in the middle became a near exclusive focus of cam
paign rhetoric and positioning.


 

11. The European "code" system is used in Louisiana and will be used for
an indefinite period, because the Napoleonic code took hold before the
territory became part of the United States.

12. While tough questions on the country's foreign policy were being
asked
the candidate seemed at a loss, but given an opportunity to speak
on domestic issues he convinces almost everybody that he was the
states' best choice.

13. With the decreased knowledge of classical languages and the trend away
from elitism, fewer and fewer non-English terms have been employed
over the years.

14. The senator promised that in the case of his re-election poverty in the
stated would have been eliminated by the end of his term.

15. Most delegated that participated in the state-wide political convention
had been elected by local political meetings.

14. , . .

1. The creators of the International Court of Justice provided that although
its seat would be in the Hague, it would hold sessions whenever it reck
ons it advantageous.

2. A legal system will not execute its rules without the work of a great
number of people.

3. Lawyers have always informed their clients of how to use law.

4. Scholars define the legal culture as the climate of social thought and
force that determines the usage of law.

5. The legal system deals with the control of behaviour.

6. The existent rules, norms, and behaviour patterns of people within the
legal system form its essence.

7. It is not proper to regard law as a dictatorial ruler.

8. People refer to law when they mean the network of rules and regulations
of the governmental social culture.

9. Some specialists consider that the contemporary jurisprudence of con
servatism now lacks principled foundations; they also deem that we
have become attached to ends, not means, and that we have become
politicised to the point of undertaking activist ventures to achieve ideo
logically congenial results.


10. At the most superficial level, it will not surprise us that federalism is a
nuanced and textured theory.

11. The public was furious that the Court had upheld the collective right
against constitutional challenge in the context of the family and the
church.

12. The Supreme Court protected the rights of labour organisations in two
significant cases.

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Court

1) , , ; : superior court - , territorial court - , traffic court - , Court of Appeal - , Supreme Court - , out of court - , -


. Syn: tribunal, magistrate, judge, bench, bar; 2) . Syn: courthouse, city hall, federal building

Law

: to adopt / enact / pass a law - , to administer / apply / enforce a law - , to annul / repeal / revoke a law - , , to be at law with smb - -, to break / flout / violate a law - , to draft a law - , to obey / observe a law - , to promulgate a law - , to go beyond the law - , to keep within the law - , to lay down the law - , fair / just law - , unfair law - , stringent law - , in law - , common law - , , civil law - , law of God - , , natural law - , shield law - , law and equity - , law and order - . Syn: enactment, statute, ordinance, edict, decree, ruling

Rule

1. . , : to adopt a rule - , to ap
ply / enforce a rule - , to establish / lay / down / make rules
- , to obey / observe a rule - ,
to rescind / revoke a rule - , firm / hard-and-
fast / inflexible / strict rule - , general rule -
, ground rule - , (to be) against / in violation
of the rules - , rule of law - . Syn: law,
dictum, regulation

2. v. , ; : legal system -
. Syn: lawful, juridical, juristic

Postulate

1. n. 1) , . Syn: axiom; 2) ; ;

2. v. 1) ; ,
. Syn: to suppose; 2) ; ,
. Syn: to demand, to claim


Treaty

1) , , : to abrogate / denounce a treaty - , to break / violate a treaty - , to conclude / sign a treaty - , to confirm / ratify a treaty -, , to negotiate / work out a treaty -, , treaty provisions - , bilateral treaty - , peace treaty - , treaty of alliance - , treaty of limits - , treaty of cession - , treaty of commerce and navigation - , commercial / trade treaty - , treaty of friendship - , treaty of friendship, treaty of mutual assistance - , co-operation and mutual assistance - , , treaty of neutrality - , non-proliferation treaty - , test-ban treaty - , treaty commitments / obligations - , treaty law - . Syn: contract, agreement, compact, pact, settlement, concord, convention, covenant; 2) : to be in treaty with smb for smth - - -. Syn: negotiation, talks

17. .

Supreme Court - - common law -

- treaty provisions - - to ratify a treaty -
- to draft a law -
- to lay down the law - - treaty of
alliance - - bilateral treaty - - to be
at law with smb - - out of court -
- - natural law - -
law and order - - in law -
- to go beyond the law - -
- hard-and-fast strict rule - - to work out a
treaty - - treaty of friendship -
- - trade treaty -

- - to be in treaty with smb for smth - -


- - to go beyond the law - - rule of law - - general rule - - shield law - - to promulgate a law - , .


We all have enough strength to bear other people's troubles.

{La Rochefoucauld)

If poverty is the mother of crimes, want of sense is the father.

{La Bruyere)


 


18. .

Advocate, agreement, attorney, bar, barrister, bench, city hall, compact, concord, contract, convention, counsel, counsellor, court, courthouse, covenant, decree, dictum, edict, enactment, federal building, judge, jurisprudent, jurist, law, law agent, lawyer, legal expert, legalist, legist, magistrate, man of law, negotiation, ordinance, pact, regulation, rule, ruling, settlement, solicitor, statute, talks, treaty, tribunal.

19. .

1. What is implied under international law?

2. What processes initiated international law in the Western world?

3. What are the most important notions of international law?

4. In what way do the legal systems of Great Britain and the United States
differ?

5. What international law doctrines were there in the twentieth century?

20. . .

* The execution of laws is more important than the making of them.

(Thomas Jefferson)

* Laws are made in order that people in authority may not remember them.

{Oscar Wilde)

Liberty is the right to do everything that the laws allow.

{Montesquieu)


 


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, , . , talks compact treaty, talks compact , talks , compact - , ', treaty .

. , , : lawyer, law agent, jurist, jurisprudent, solicitor, advocate,


 


attorney, legist, legalist, barrister, counsel, counsellor, legal expert, man of law.

- lawyer, , , , . : jurist, jurisprudent, legist, legalist, legal expert, man of law - , , , . Law agent , , , . : advocate - ; solicitor - , , , , ', barrister - , , solicitor. Counsel counsellor , , , . barrister. attorney, , .

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administrative lawyer

business lawyer, corporation lawyer

civil lawyer

criminal lawyer

crown lawyer

defence lawyer

government lawyer, legislative lawyer


jail lawyer, penal lawyer

tax lawyer

attorney at law, defence attorney

attorney for the government, prosecuting attorney, public attorney

district attorney, circuit attorney

Attorney General

chamber barrister

consulting barrister

inner barrister

junior barrister, outer barrister

> :

e.g. (exempli gratia) - for example -

etc., &tc (et cetera) - and so on -





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