Гольцева О.Ю. Международное право в официальных документах. Под ред. И.А. Горшеневой

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5.Study the chart below and discuss the following questions.

6.What is enriched uranium used for?

7.What countries are have enriched uranium produc-

tion?

8.Do all this countries have nuclear weapons?

9.What is the basis for the decision not to let any other countries into the “nuclear club”?

Exercise 20. Look at the first sentence of the article

(in bold) which has been turned into the headline of the article. Compare the structure of both pieces: what changes have been made?

Now read the article. What was the agenda of the summit? What issues came up?

Nuclear security summit hears of terror risk

World leaders at a summit on nuclear security in Washington have heard dire warnings of the danger of nuclear material falling into the wrong hands.

US President Barack Obama, opening the biggest international meeting hosted by the US since 1945, greeted leaders from nearly 50 countries.

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Officials said more should be done to prevent theft or smuggling.

Meanwhile, France's leader stressed his country could not give up its own nuclear weapons.

The US welcomed a Ukrainian pledge to eliminate its stockpile of highly enriched uranium by 2012.

The two-day summit is taking place without representatives of Iran and North Korea, neither of whom were invited by the US because of the disputes over their nuclear programmes.

Israeli Prime Minister Benjamin Netanyahu dropped plans to attend the summit, reportedly because of concern that Muslim states planned to press for Israel to open its own nuclear facilities to international inspection.

'Proliferators not welcome'

The head of the International Atomic Energy Agency,

Ikia Amano, said that nuclear powers needed to do more to protect nuclear materials. "The problem is that nuclear material and radioactive material are not well protected and member states need to better protect these materials against the theft or smuggling," he told the BBC.

Exercise 21. Read the article below and translate it into Russian. Express your opinion on the information of the article.

Washington (CNN) – Ukraine announced Monday that it will get rid of all its highly enriched uranium, which can be used in nuclear weapons, within the next two years.

The announcement by Ukrainian President Viktor Yanukovich followed his meeting with President Obama before the start of a 47-nation summit on nuclear security.

In an exclusive interview with CNN on Monday, Yanukovich said that most of his nation's highly enriched uranium would be gone by the end of 2010.

"The Ukraine has quite a number of power plants and various universities and research institutes where we are

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trying to understand to best utilize nuclear in a peaceful means," Yanukovich told CNN foreign affairs correspondent Jill Dougherty. "We are working on it. However, we are already taking the necessary step to remove highly enriched uranium from the country. By the end of this year, Ukraine is going to have the larger part of this uranium taken out of the country".

A White House statement said Obama "praised Ukraine's decision as a historic step and a reaffirmation of Ukraine's leadership in nuclear security and nonproliferation".

"Ukraine joins the United States in the international effort to convert civil nuclear research facilities to operate with low enriched uranium fuel, which is becoming the global standard in the 21st century", the statement said.

Exercise 22. Study the text of the treaty and be ready to answer the following questions.

1.What countries were the original parties to the treaty?

2.When and where was the treaty signed?

3.What is the date of its entry into force?

4.What are the depository governments?

5.What is proclaimed as a principal aim of the treaty?

Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water

Signed by the Original Parties, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America at Moscow: 5 August 1963.

Opened for signature at London (L), Moscow (M) and Washington (W): 8 August 1963.

Entered into force: 10 October 1963.

Depositary Governments: Russian Federation, United Kingdom of Great Britain and Northern Ireland and United States of America.

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The Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics, 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 production and testing of all kinds of weapons, including nuclear weapons,

Seeking to achieve 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 man's environment by radioactive substances,

Have agreed as follows:

Article I

1. Each of the Parties to this Treaty undertakes to prohibit, to prevent, and not to carry out any nuclear weapon test explosion, or any other nuclear explosion, at any place under its jurisdiction or control:

(a)in the atmosphere; beyond its limits, including outer space; or under water, including territorial waters or high seas; or

(b)in any other environment if such explosion causes radioactive debris to be present outside the territorial limits of the State under whose jurisdiction or control such explosion is conducted. It is understood in this connection that the provisions of this subparagraph are without prejudice to the conclusion of a Treaty resulting in the permanent banning of all nuclear test explosions, including all such explosions underground, the conclusion of which, as the Parties have stated in the Preamble to this Treaty, they seek to achieve.

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2. Each of the Parties to this Treaty undertakes furthermore to refrain from causing, encouraging, or in any way participating in, the carrying out of any nuclear weapon test explosion, or any other nuclear explosion, anywhere which would take place in any of the environments described, or have the effect referred to, in paragraph 1 of this Article.

Article II

1.Any Party may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the Depositary Governments which shall circulate it to all Parties to this Treaty. Thereafter, if requested to do so by one-third or more of the Parties, the Depositary Governments shall convene a conference, to which they shall invite all the Parties, to consider such amendment.

2.Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to this Treaty, including the votes of all of the Original Parties. The amendment shall enter into force for all Parties upon the deposit of instruments of ratification by a majority of all the Parties, including the instruments of ratification of all of the Original Parties.

Article III

1.This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2.This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Original Parties – the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics – which are hereby designated the Depositary Governments.

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3.This Treaty shall enter into force after its ratification by all the Original Parties and the deposit of their instruments of ratification.

4.For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5.The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force, and the date of receipt of any requests for conferences or other notices.

6.This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article IV

This Treaty shall be of unlimited duration.Each Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Treaty three months in advance.

Article V

This Treaty, of which the English and Russian texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.

DONE in triplicate at the city of Moscow the fifth day of August, one thousand nine hundred and sixty-three.

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Exercise 23. Summarize the information of the treaty articles.

Exercise 24. Cover the text of the treaty above and fill in the necessary preposition.

Signed ___ the Original Parties, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America ___

Moscow: 5 August 1963.

Opened ___ signature at London (L), Moscow (M) and Washington (W): 8 August 1963.

Entered ___ force: 10 October 1963.

… The Governments of the United States of America, the

United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics, hereinafter referred

___ ___ the "Original Parties",

Proclaiming ___ their principal aim the speediest possible achievement ___ an agreement ___ general and complete disarmament ____ strict international control ____

accordance ____ the objectives of the United Nations which would put an end ____ the armaments race and eliminate the incentive ___ the production and testing of all kinds of weapons, including nuclear weapons,

Seeking ____ achieve the discontinuance of all test explosions of nuclear weapons ____ all time, determined to continue negotiations to this end, and desiring to put an end ___ the contamination of man's environment by radioactive substances,…

OVER TO YOU

What role is played by nuclear weapons in the world and global politics? Does it help to deter possible aggression and maintain peace and security in the world? What do you think of the future of nuclear proliferation and global disarmament? Do you consider it is possible for all counrties to destroy their nuclear arsenals? Why? Why not? Give your reasons and write and essay to express your opinion.

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SUPPLEMENTARY READING SECTION Convention on Cybercrime

Budapest, 23.XI.2001 Preamble

The member States of the Council of Europe and the other States signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Recognising the value of fostering co-operation with the other States parties to this Convention;

Convinced of the need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society against cybercrime, inter alia, by adopting appropriate legislation and fostering international co-operation;

Conscious of the profound changes brought about by the digitalisation, convergence and continuing globalisation of computer networks;

Concerned by the risk that computer networks and electronic information may also be used for committing criminal offences and that evidence relating to such offences may be stored and transferred by these networks;

Recognising the need for co-operation between States and private industry in combating cybercrime and the need to protect legitimate interests in the use and development of information technologies;

Believing that an effective fight against cybercrime requires increased, rapid and well-functioning international co-operation in criminal matters;

Convinced that the present Convention is necessary to deter action directed against the confidentiality, integrity and availability of computer systems, networks and computer data as well as the misuse of such systems, networks and data by providing for the criminalisation of such conduct, as described in this Convention, and the adoption of

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powers sufficient for effectively combating such criminal offences, by facilitating their detection, investigation and prosecution at both the domestic and international levels and by providing arrangements for fast and reliable international co-operation;

Mindful of the need to ensure a proper balance between the interests of law enforcement and respect for fundamental human rights as enshrined in the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, the 1966 United Nations International Covenant on Civil and Political Rights and other applicable international human rights treaties, which reaffirm the right of everyone to hold opinions without interference, as well as the right to freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, and the rights concerning the respect for privacy;

Mindful also of the right to the protection of personal data, as conferred, for example, by the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data;

Considering the 1989 United Nations Convention on the Rights of the Child and the 1999 International Labour Organization Worst Forms of Child Labour Convention;

Taking into account the existing Council of Europe conventions on co-operation in the penal field, as well as similar treaties which exist between Council of Europe member States and other States, and stressing that the present Convention is intended to supplement those conventions in order to make criminal investigations and proceedings concerning criminal offences related to computer systems and data more effective and to enable the collection of evidence in electronic form of a criminal offence;

Welcoming recent developments which further advance international understanding and co-operation in combating cybercrime, including action taken by the United Nations, the OECD, the European Union and the G8;……..

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Have agreed as follows:

Chapter I – Use of terms. Article 1 – Definitions.

For the purposes of this Convention:

a."computer system" means any device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data;

b."computer data" means any representation of facts, information or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function;

c."service provider" means:

i.any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and

ii.any other entity that processes or stores computer data on behalf of such communication service or users of such service.

d. "traffic data" means any computer data relating to a communication by means of a computer system, generated by a computer system that formed a part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

Chapter II – Measures to be taken at the national level.

Section 1 – Substantive criminal law.

Title 1 – Offences against the confidentiality, integrity and availability of computer data and systems.

Article 2 – Illegal access.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intention-