Internalization of law. Growth of international law

Many countries face similar social, economic and political problems and consequently have adopted similar legal solutions. Some areas of the law, such as intellectual property and human rights, are particularly concerned with developing laws which are valid internationally. With more interna­tional business and travel and a growing awareness that many socio-eco­nomic and environment problems need global solutions, the future of the world of law appears to be one of internationalization.

There are two main kinds of international law: private and public. The former concerns the role of foreign laws within a particular country. For example, if an Englishman wants to sell property he owns in France to anoth­er Englishman, any English court must consider French law when deciding the legality of the contract of sale. Public international law, on the other hand, deals with relations between states.

International law is not new. Nations have always made political and economic treaties with each other. In Medieval Europe, the Canon Law of the Catholic Church had an important role. Law Merchant regulated trade across political frontiers. In the fifteenth century, the Church mediated rivalry between Spain and Portugal by dividing the world into their respective areas of interest. The 1648 Treaty of Westphalia, which called for equal treatment everywhere of Protestants and Catholics, can be seen as an early international human rights law. Nevertheless, most international laws have been created in the twentieth century.

The League of Nations was set up after World War I to regulate disputes between nations. However, it failed to stop the tension that led to World War II, partly because some powerful countries did not join (U. S.) and others left when they disagreed with its decisions (Germany, Japan). But it led to important international legislation like the Geneva Convention on the treatment of prisoners of war and the 1951 Convention on the Status of Refugees.

There are some important differences between international laws and those created inside individual states. Domestic laws are passed by legisla­tive bodies, most of which have some popular political support. International laws, on the other hand, are created by agreements among governments. As a result, it is not as clear whether they have the support of individual citizens. Enforcement of international law is also different. Many interna­tional agreements are not binding — for example UN General Resolutions. Even when nations agreed to be bound, as in the case of signatorities of the 1966 International Convention on Civil and Political Rights, it is unclear how obligations are to be enforced.

Task 1. Read the texts for general understanding. What do you think is the international problem which would most benefit for greater internationalization of law? Write a paragraph giving reasons, then discuss it in the class.

Task 2. Render the text.

Text 3

The form of british constitution

Now we often say that some countries have a “written constitution”. For example, the United States of America and France have written Constitutions. In both these countries the whole of the constitution is set out in official volume which anyone can buy and study. On the other hand, it is often said that the British Constitution is unwritten, meaning that it is not written in single official handbook. In this sense it is quite true that Britain has an unwritten Constitution. Some of the rules, those which have been made by Parliament, are written down in statutes but many more depend on customs. Here is a good example of the unwritten nature of the British Constitution. At any time dining the last two hundred years, an educated Englishman would understand what was meant by the term "Prime Minister". Yet it was only in the year 1917 that the term Minister was recognized officially by being mentioned in an Act of Parliament.

Britain is a constitutional monarchy That is to say a monarch reigns but is limited by the rules of the State, rules which depend partly on written laws but even more on established customs which have been handed down from generation to generation. Let us see how this works out in practice.

The Sovereign. First of all there is the Sovereign at present Her Majesty Queen Elizabeth II. Her office is hereditary, meaning that it is handed down from one generation to the next You will notice that this is the main difference between a Monarchy and a Republic. In a Republic, for example the United States of America or France, the head of the State is elected, he is known as the President and holds office for a limited number of years only. The Monarchy is the oldest part of the British Constitution. The Sovereign once had very great personal powers but in practice these are now exercised by the Queen's advisers, the Ministers For this reason it is sometimes said that the Queen reigns but she does not rule.

The House of Lords. Originally this was a very powerful body indeed, much more powerful than the House of Commons, but today its powers are strictly limited and the real powers have passed to the "Lower House”, the House of Commons.

The House of Commons. The third, but much the most powerful of the three elements which form part of the British Constitution, is the House of Commons. This body is directly elected by the people of Britain and nearly everyone over the age of twenty-one has the right to vote. General Elections must take place at least every five years but in practice they usually occur more frequently than this. Since 1902, successive Prime Ministers have been members of the House of Commons and never of the House of Lords.

Parliament. The Queen, the Lords and the Commons form the Parliament. You should notice that "Parliament" is a word which sometimes causes confusion. Very often in ordinary conversation people refer to Parliament when really they mean the House of Commons or sometimes the Government. But strictly speaking, Parliament means much more than just the House of Commons, it means the Queen, the Lords and the Commons all acting together.

Task 1. Answer the questions.

1. What is a Constitution''?

2. What is meant by "unwritten constitution”?

3. What is the difference between a monarchy and a republic?

4. Explain "The Queen reigns but she does not rule"?

5. Who has the real powers in Parliament?

6. What does Parliament mean?

Task 2. Read the text carefully and agree or disagree with the statements given below:

1. We call a set of agreed rules a Constitution.

2. The United States of America has an unwritten constitution.

3. In Britain the monarch is not limited by the rules of the state.

4. The Sovereign's office is hereditary.

5. In France the head of the state is not elected.

6. Originally the House of Lords was a very powerful body.

7. The House of Commons is indirectly elected by the people of Britain.

8. Parliament means much more than just the House of Commons.

Task 3. Fill in the blanks.

1. An unwritten constitution means that it is not written in an ………..official handbook.

2. Britain is a ………monarchy.

3. In a ………….the head of the state is elected.

4. The ……….is the oldest part of the British Constitution.

5. The Lords' powers are strictly …………

6. The most powerful of the three elements which form part of the British Constitution is the …….. .

7. The Queen, the Lords and the Commons form …………. .

Text 4