4.1. International law

4.1.1 Study these words before reading the text.

private international law - частное международное право public international law - (публичное) международное право municipal (domestic) law - внутригосударственное право entity — субъект права

international personality - международное правовое лицо rules of international law - нормы международного права rules of customary international law - нормы международного права,

основанные на 'обычном' праве; общепринятые нормы международного

права

treaty - соглашение, договор

recognition - дипломатическое признание государства consent - согласие, соглашение

good faith - добросовестность, честность, честные намерения to incorporate - объединять, соединять (в одно целое) to assume - брать на себя (обязательства) capacity - дееспособность

4.1.2 Read and translate the text.

There are two main branches of international law: private and public. Pri­vate international law 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 legitimacy of sale. The term international law, however, more often refers to public international law, or the law of nations. Public international law includes legal rules that apply between sovereign states and other entities which have international personality.

International law forms a contrast to municipal or domestic law. There are some important differences between international law and the law of individual states. International law applies only between entities that have international personality; municipal law regulates the conduct of individuals and other legal entities within a separate state. Domestic laws are passed by legislative bodies; international laws or rules of international law are created by agreements among governments. Enforcement of international law is also different. Many international agreements are not always binding.

Although there is no effective international law-enforcing body, many states now incorporate principles of international law into their own domestic law for the purpose of mutual cooperation and peaceful coexistence.

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The main sources of international law are: rules of international customary law, general principles of law recognized by civilized nations, and treaties.

The basic rules of customary international law can be summarized in the following fundamental principles: recognition, consent and good faith.

General principles of international law recognized by civilized nations include the following provisions:

1. not to use force against the territorial integrity or political independence of any State;

2. to settle international disputes by peaceful means;

3. not to intervene in matters of another State;

4. to cooperate with one another;

5. equal rights and self-determination of peoples;

6. sovereign equality of States;

7. to fulfill the obligations assumed by them.

A treaty is a written agreement between states. By treaties the subjects of in­ternational law may declare, modify, or develop existing international law. Among the issues of international law governed by treaties, five are of special significance: territory; diplomatic law and immunity; the protection of nationals abroad; freedom of commerce and navigation; extradition and asylum; and suc­cession of international rights and obligations.

States have traditionally been recognized as the sole subjects of international law, but this position has been changed. And now international organizations and individuals are also subjects having limited capacity (when their Legal rights are specified by treaty).

An international organization is an organization set up by agreement be­tween two or more states. They range from organizations of universal member­ship and general competence (the UN), to regional organizations with special­ized functions (NATO, European Union). Functions and powers of international organizations as an international personality are established in the constitution of a particular organization.

Individuals do not exercise international rights unless conferred expressly by treaty. The examples are: the European Convention on Human Rights 1950, the International Covenant on Civil and Political Rights 1966, and the Interna­tional Covenant on Economic, Social and Cultural Rights 1966.