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Пособие Public Law (the last).doc
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Speaking.

Answer the questions.

p. 1-3

    1. What serves as basic guidelines for the life of the whole community?

    2. How did a body of law evolve?

    3. What three postulates did states act upon?

    4. What does the “laissez-faire approach” imply?

    5. What were the principles by which all the members were to abide in 1945?

    6. How did the situation change in the 1960s?

    7. Are international relations smooth in the present world community?

    8. Which fundamental principle is unquestionably the only one on which there is unqualified agreement?

    9. What sweeping powers and rights does sovereignty include?

    10. What does legal equality imply?

    11. May a state exercise its sovereign power over actions legally performed by foreign states on its territory?

    12. Which acts may a state not carry out?

p. 3-5

    1. In which customary rules has the principle of non-intervention in the internal or external affair of other states been concretely enshrined? Are these rules still in force?

    2. What questions arise concerning new forms of intervention?

    3. Under what circumstances is the principle of peaceful settlement of disputes breached?

    4. Why do States prefer to bring the issue of gross disregard for human nights before international organizations?

    5. In what areas does self-determination appear firmly entrenched in the corpus of international law?

    6. What does the right to external self- determination mean?

    7. What is the difference between external and internal self- determination?

    8. Are the principles of international law independent from each other? Why?

  1. Make up the plan of the text in the form of statements and develop it into a summary.

Phrases which might be used in presenting the summary: to start with, one should bear in mind; I’d like to draw your attention to; it’s worth mentioning; it’s suffice to stress; in addition; as I pointed out; in conclusion.

  1. Read the text “Immunities of diplomatic agents” and answer the questions.

Immunities of diplomatic agents

International customary law grants a host of privileges and immunities to diplomatic agents. They are laid down in the Vienna Convention on Diplomatic Relations, of 1961; most provisions of this Convention are to a large extent declaratory of customary law or have turned into general law. All these rules envisage two classes of privileges and immunities, which supplement the functional immunities diplomats enjoy as State officials for acts and transactions performed in their official capacity.

One class encompasses immunities that attach to the premises and assets used by the foreign State official for accomplishing his or her mission (these are immunities relating to property); the other class embraces immunities covering the personal activities of that official (personal immunities). These immunities are intended to shelter foreign officials from any interference with their private life that might jeopardize the accomplishment of their official function (traditionally the underlying rationale of these immunities was expressed with the dictum ne impediatur legatio, that is, they are granted in order to save the official mission from beings hampered in its work).

Personal immunities differ from functional immunities in various respects: (1) In contradistinction to the latter, they cover private acts and transactions. (2) They do not consist of exemptions from the substantive law of the receiving or host State, but only of exemption from the jurisdiction of their courts and enforcement of their enforcement agencies.28 (3) They only apply in the relations between the sending and the receiving State (as well as towards the State through which a diplomatic agent is passing on his or her way to or from the receiving State). In contrast, the immunity enjoyed by the foreign State official for acts performed in his official capacity, besides being absolute (with the only exception relating to international crimes, see infra, 12.2), may be invoked towards any other State, that is, is erga omnes. (4) They cease with the cessation of the function (whereas functional immunities are permanent).