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3) How similar is Lisbon to the draft constitution? It contains many of the changes the constitution attempted to introduce, for example:

–а politician chosen to be president of the European Council for two-and-a-half years, replacing the current system where countries take turns at being president for six months;

–а new post combining the jobs of the existing foreign affairs supremo, Javier Solana, and the external affairs commissioner, Benita Ferrero-Waldner, to give the EU more clout on the world stage;

–а smaller European Commission, with fewer commissioners than there are member states, from 2014;

–а redistribution of voting weights between the member states, phased in between 2014 and 2017 – qualified majority voting based on a "double majority" of 55 % of member states, accounting for 65 % of the EU's population;

–new powers for the European Commission, European Parliament and European Court of Justice, for example in the field of justice and home affairs;

–removal of national vetoes in a number of areas.

4) If it contains the same substance, why is the Lisbon Treaty not a constitution?

The constitution attempted to replace all earlier EU treaties and start afresh, whereas the new treaty amends the Treaty on the European Union (Maastricht) and the Treaty Establishing the European Community (Rome).

It also drops all reference to the symbols of the EU – the flag, the anthem and the motto – though these will continue to exist.

5) How long did it take to agree the treaty?

A declaration issued at the EU's Laeken summit in 2001, called for a Convention on the future of Europe to look into the simplification and reorganisation of the EU treaties, and raised the question whether the end result should be a constitution.

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The Convention began work in February 2002 and a constitution was signed in Rome two-and-a-half years later, in October 2004. But that text became obsolete when it was rejected by French and Dutch voters in 2005.

Work began in earnest on a replacement treaty during the German EU presidency, in the first half of 2007, and agreement on the main points of the new treaty was reached at a summit in June that year.

Negotiations continued behind the scenes over the following months, until a final draft was agreed by the leaders of the 27 member states in October 2007.

6) Why was the constitution dropped?

France and the Netherlands said they would be unable to adopt the constitutional treaty without significant changes, following the 2005 referendums.

The UK also pressed hard for a modest "amending treaty", which could be ratified by means of a parliamentary vote, like earlier EU treaties.

7) Does the Charter of Fundamental Rights feature in the new treaty?

No. There is a reference to it, making it legally binding, but the full text does not appear, even in an annex. The UK has secured a written guarantee that the charter cannot be used by the European Court to alter British labour law, or other laws that deal with social rights. However, experts are divided on how effective this will be.

8) Are any countries seeking opt-outs?

Ireland and the UK currently have an opt-out from European policies concerning asylum, visas and immigration. Under the new treaty they will have the right to opt in or out of any policies in the entire field of justice and home affairs.

Denmark will continue with its existing opt-out from justice and home affairs, but will gain the right under the new treaty to opt for the pick-and-choose system. Czech President Vaclav Klaus wants an opt-out guaranteeing his country would not be exposed to property claims by Germans expelled from the then Czechoslovakia after World War II.

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9) When did the new treaty kick in?

Originally, the treaty was supposed to come into force in January 2009.

•The new European Parliament was elected in June

2009 under the existing Nice Treaty. So there are 736 MEPs – down from the previous 785. Under the Lisbon plan, the number will be fixed at 751.

•Although a new 27 member European Commission takes office in January 2010, its size will not be slimmed down until 2014.

•Some extensions of qualified majority voting in the

European Council are already in place, such as the appointment of the new commission president and the High Representative for Common Foreign and Security Policy – but plans to redistribute voting weights have been delayed until after 2014. It could be at least 10 years before the process is complete.

Lesson 6. Exercise 13

strengthening relations of friendship, solidarity and mutual aid, deepen all-round cooperation, mutual respect for state sovereignty, non-interference into each other’s internal affairs, join efforts, promote ties, in every way possible, with a view to, taking appropriate measures to ensure peace, the eradication of racism in all its forms and manifestations, the High Contracting Parties, with a view to, take appropriate measures to ensure peace.

lesson 6. Exercise 22

State Party to, propose amendments to, shall be submitted to the Depositary, of unlimited duration, the entry into force, be open to all States for signature, be subject to ratification, Instruments of ratification, are equally authentic, duly certified copies, IN WITNESS WHEREOF, being duly authorized, have signed this Convention ,For the Government of, For the Government of.

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Lesson 9. Exercise 15

desiring to promote better understanding between the peoples of both countries; believing that further expansion of contacts, exchanges, and beneficial fruitful cooperation, facilitate the achievement of these aims; taking into account the positive experiences; in the scientific, technical, educational, cultural and other fields; encourage and develop contacts, exchange and cooperation in the fields; mutual interest; facilitate the expansion of contacts, exchange and cooperation in various fields of education; provide for the exchange; facilitate the exchange; mutual acquaintance with the cultural achievements; encourage the development of exchange; facilitate the exchange; promote mutual visits; especially when such visits are undertaken for participation; encourage visits and exchanges; enter into force on signature; written notice

Lesson 10. Exercise 13

Article 5. Thirteen functions of a consul are listed, including protecting in the receiving state the interests of the sending state and its nationals, as well as developing the commercial, economic, cultural, and scientific relations between the two countries.

Article 23. The host nation may at any time and for any reason declare a particular member of the consular staff to be persona non grata. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their consular immunity.

Article 31. The host nation may not enter the consular premises, and must protect the premises from intrusion or damage.

Article 35. Freedom of communication between the consul and their home country must be preserved. A consular bag must never be opened. A consular courier must never be detained.

Article 36. Foreign nationals who are arrested or detained should be given notice "without delay" of their right to have their embassy or consulate notified of that arrest.

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Lesson 14. Exercise 23

1)Nato was formed in 1949 to counter the threat of post-war communist expansion as the Soviet Union sought to extend its influence in Europe

2)Nato – the North Atlantic Treaty Organisation – is the world's most powerful regional defence alliance.

3)It has traditionally stated its general aim as being to "safeguard the freedom, common heritage and civilisation" of its members by promoting "stability and well-being in the North Atlantic area".

4)Members agree that an armed attack against one shall be considered an attack against them all, and that they will come to the aid of each other. Originally consisting of 12 countries, the organisation expanded to include Greece and Turkey in 1952 and West Germany in 1955. However, then, as now, the alliance was militarily dominated by the United States.

5)Afghan mission was Nato's first non-European opera-

tion.

6)In 1955 the Soviet Union created a counter-alliance called the Warsaw Pact, which dissolved after the break-up of the USSR in 1991.

7)The Czech Republic, Hungary and Poland became the first former Warsaw Pact countries to gain Nato membership in 1999.

The next historic step came in 2004 when Estonia, Latvia and Lithuania, republics of the USSR until its collapse in 1991, along with Slovenia, Slovakia, Bulgaria and Romania were welcomed as Nato members at a ceremony in Washington.

Bosnia, Montenegro and Serbia have joined Nato's Partnership for Peace programme – a first step towards membership. At a summit in Bucharest in early April 2008, NATO countries invited Albania and Croatia to join on schedule. Greece vetoed Macedonia's application, but the alliance agreed that the country would be invited when it settles its dispute with Greece over its name. Decisions on Georgia and Ukraine were deferred.

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References

1.Brownlie, Ian (2003) "Principles of Public International Law", Oxford University Press, 6th Ed.

2.* Lawson, Edward, and Mary Lou Bertucci, "Encyclopedia of human rights", 2nd ed., Taylor & Francis, 1996.

*Osmanczyk, Edmund, "The encyclopedia of the United Na-

tions and international relations", Taylor & Francis, 1990. * Shaw, Malcom N., "International Law", 5th ed., Cambridge University Press, 2003.

3.Brownlie, Ian (2003) Principles of Public International Law, Oxford University Press, 6th Ed.

4.Lawson, Edward, and Mary Lou Bertucci, Encyclopedia of human rights, 2nd ed., Taylor & Francis, 1996.

5.Osmanczyk, Edmund, The encyclopedia of the United Nations and international relations, Taylor & Francis, 1990.

6.Shaw, Malcom N., International Law, 5th ed., Cambridge University Press, 2003.

7."Popular Law Library Vol12 International Law, Conflict Of Laws, Spanish-American Laws, Legal Ethics", by Albert H. Putney.

8.Доклад об осуществлении целей в области развития, сформулированных в Декларации тысячелетия, за

2005 год.

9.*ProjectPloughsharesBriefing98/6.

10.http://www.un.org/.

11.http://www.icj-cij.org/.

12.http://www.icc-cpi.int/.

13.http://www.ohchr.org/english.

14.http://treaties.un.org.

15.http://en.wikipedia.org/wiki/Diplomatic_immunity - cite_note-34#cite_note; http://tinyfrog.wordpress.com.

16.http://www.terrorism-research.com/groups/.

17.Stanfor Encyclopedia of Philosophy.

Гольцева Ольга Юрьевна

Международное право в официальных документах

Под редакцией кандидата юридических наук, профессора

И. А. Горшеневой

Учебник

В авторской редакции

Компьютерная верстка Усковой М. А.

Московский университет МВД России имени В.Я. Кикотя 117437, г. Москва, ул. Академика Волгина, д. 12