IV. Choose the right word

a trait-a feature

1. The first salient ……… of international law is that most of its rules aim at regulating the behaviour of States, not that of individuals. 2. The salient ……. the new law is that agreement has now crystallized on the need to distinguish between two forms or categories of State accountability: responsibility for ‘ordinary’ breaches of international law, and a class of ‘aggravated responsibility’ for violations of some fundamental general rules. 3. ‘Aggravated responsibility’ has markedly distinct ……… from ‘ordinary responsibility’.

to encompass-to embrace

1. The letter body of international rules ……….. a separate and relatively autonomous body of international law, the law of State responsibility. 2. The first class ………. responsibility for breaches of bilateral or multilateral treaties or general rules, laying down synallagmatic obligations.

to resort-to have recourse to

1. States must first request reparation, if no reparation is made or reparation is unsatisfactory, they must endeavour to settle the dispute peacefully, by having ………… negotiations, conciliation or arbitration or other means of settling disputes. 2. State could decide on its own whether to try to settle the dispute peacefully by ………. the various procedures and mechanisms available, including arbitration, or rather enforce its right to reparation by using military or economic force.

a breach-an infringement

1. ‘Ordinary responsibility’ embraces responsibility for ……….of bilateral or multilateral treaties, or rules protecting reciprocal interests of States. 2. What matter is that ……….. results in the infringement of a States right to compliance by any other State. 3. ……….. of the obligations must be gross or systematic; it may not be a sporadic or isolated or minor contravention of a community obligation.

to set out-to lay down

1. The set consequences of breaches of community obligations has been ……. by the ILC in Article 42 of its Draft Articles. 2. ‘Aggravated responsibility’ arises when a State violates a rule which …….. a community obligation.

Grammar revision

I. Translate into Russian the sentences

1. These rules are expected to become the subject of a sort of ‘restatement’ of law.

2. Only if such recourse proves to be of no avail, can the injured State (as well as the case of ‘aggravated responsibility’ the other States entitled claim compliance with the obligation breached) take peaceful countermeasures.

3. The conduct of an entity which is not an organ of the State… but which is empowered by the law of that State to excise elements of the governmental authority shall be considered an act of the State under international law.

4. International law requires that for the conduct of a State to be inconsistent with an international obligations, it must be stemming for that State from an applicable rule or principle of international law.

5. It would seem appropriate to hold that compensation must not be always paid.

6. Compensation seems to be excluded with regard to some other circumstances precluding wrongfulness.

7. If the state proves unable to put a stop to a violation, it would be Contrary to the spirit of the whole body of international law to suggest that the monitoring system envisaged in the Covenant should bar States parties from ‘leaving’ the self contained regime.

8. Foreign nationals and foreign States are not expected or required to be ‘cognizant in each case of the allotment of powers to the various State officials.

9. No one appeared to have been punished for the crime although some prosecutions were begun and some mobsters were sentenced in absentia.

10. The need for States first to take steps within international organizations or other appropriate collective bodies seems to be warranted and indeed dictated by the inherent nature of this class of responsibility.

11. The question of whether fault is necessary, the nature of the damage required for a State to be considered 'injured' by the wrongful act of another State, the circumstances precluding wrongfulness, etc.

12. Restitution means 'to re-establish the situation which existed before the wrongful act was committed, provided and to the extent that restitution: (a) is not materially impossible; (b) does not involve a burden out of all proportion to the benefit deriving from restitution instead of compensation.

13. In the case of this 'aggravated responsibility' the material or moral damage, if any, is not an indispensable element of State responsibility.

14. In other words, the States that take action to invoke this class of responsibility do not pursue a personal or individual interest; they pursue a community interest, for they act on behalf of the whole world community or of the plurality of States parties to the multilateral treaty.

15. All the States entitled to demand compliance with the obligation that has been infringed may take a host of remedial actions designed to impel the delinquent State to cease its wrongdoing or to make reparation.

Speaking