IV. Analyse the meanings of the words. Complete the sentences by choosing the correct word in each case.

realm-sphere

1. International law no longer constitutes a different legal …… from the various municipal systems and has a huge direct impact on these systems. 2. This mechanism enables the national legal system to adjust itself fully to international rules as they are construed and applied in the international ……...

to comply with-to abide by-to conform to

1. State officials and all the individuals concerned, become duty-bound ……….. the international provisions to which the act of parliament makes reference. 2. Consequently, municipal law must always …………… international law. 3. The dualistic conception advocated the need for national legal systems …………. international rules by turning them into national norms binding at the domestic level.

a corollary-a consequence

1. As …… , the general principles governing relationships between rules having the same rank apply. 2. In cases of conflict, international law declares all domestic rules or acts contrary to it to be illegal, as an inevitable ………… , the ‘transformation’ of international norms into domestic law is not necessary from the point of view of international law.

to repeal-to set aside

1. However, a subsequent law ……… or modifies or at any rate supersedes a previous law; a subsequent general law does not derogate from a prior special law. 2. In addition, international rules cannot alter or ……….. national legislation; national laws cannot create, modify or …….international rules. 3. The fact is that the international rule is ……. by a simple act of parliament.

to override-to prevail over

1. Under Moser’s doctrine national law subsumed and ………… international legal rules, which were ‘external State law’. 2. In case a constitutional provision provides for the incorporation of treaties, duly ratified treaties ………… national legislation. 3. In the USA treaties have the status of federal law and ……….. State law, but can be superseded by a later federal law.

Grammar revision

I. The formal subject expressed by ‘it’. Translate into Russian the sentences with impersonal ‘it’.

Model

It follows, among other things, that international law cannot directly address itself to individuals.

Среди прочего следует, что международное право само по себе не может быть непосредственно обращено к индивиду.

15. It is clear that this theory rest on two basic ideological principles: internationalism and pacifism.

16. It is plausible that there was also another reason: Kelsen was aware that the international community was still far from the condition postulated by his theory.

17. Whenever international rules are self-executing, it would be preferable to resort to the automatic incorporation of international rules.

18. Given the characteristics of customary law, it is far more fitting and practical to leave it to judges and other State officials to establish whether and to what extent a customary rule is binding within the legal system of a state.

19. It should however be noted that in some States until recently a customary rule of international law could not be brought before, and applied, by the Court of Cassation.

20. Plainly, it is for each State to decide on the width of its territorial sea, by enacting national legislation or regulation on the matter.

21. It should be added that in many countries that have constitutional courts these courts have acted upon the principle of primacy of international treaties over ordinary legislation.

22. It would seem that this wording is sufficiently flexible to grant much leeway to courts when confronted with cases of conflict between national legislation and international treaties.

23. It is for each State, within its national legal system, to find the way to best settle conflicts and tension that may arise between (1) respect for the fundamental rights of individuals at the national level and (2) political discretion of States in the conduct of international affairs.

24. It could, however, be objected that this principle of construction, however artificial, ultimately constitutes a sound device forged by courts to make good mistakes or oversights of the legislature.