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II. Translate into Russian. Pay attention to the underlined word combinations.

1. The dualistic conception is no longer valid in its entirety, whereas some of the postulates of the conception put forward by Kelsen are gradually taking a foothold in the international community.

2. Subject to the limitations, international law is gradually heading towards a civitas maxima (a human commonwealth encompassing individuals, States and other aggregates cutting across the boundaries of States).

3. Whichever of the three theories outlined above is chosen, it is a fact that most international rules, to become operative, need to be applied by State officials or individuals within domestic legal systems.

4. One would therefore expect there to be some form of international regulation of the matter or at least a certain uniformity in the ways in which domestic legal systems put international law into effect.

5. International law provides that States cannot invoke the legal procedures of their municipal system as a justification for not complying with international rules.

6. This principle has been firmly stated by both the PCIJ and other courts and is now laid down, with regard to treaties, in the 1969 Vienna Convention on the Law of Treaties, Article 27 of which provides that 'A party [to a treaty] may not invoke the provisions of its internal law as justification for its failure to perform a treaty'.

7. Courts, State officials, and individuals must infer the various provisions to be applied at the national level by way of interpretation.

Speaking

I. Decide whether these statements are true or false. Discuss the answers in groups.

1. The monistic view asserted provisional value of international law.

2. Within the dualistic approach international law has penetrated national legal system and, consequently, has an effect on these systems.

3. Under the monistic conception in cases of controversy between international law and national law, the latter declares all rules contrary to it to be illegal.

4. A modern repercussion of the transformation of international norms into domestic law is that international law is gradually heading towards a law governing relations among sovereign entities.

5. There is some uniformity in the ways the municipal legal system complies with and puts into force international rules.

  1. Give extensive answers to the questions making use of the following expressions.

According to this conception

It brings new emphasis to

Furthermore

As a result

It is instrumental in doing sth

They differ as to …

As regards

Consequently

In addition

The logic behind this is

In/with regard to

Admittedly

  • 1.What are the bases of principal theoretical constructs concerning the interplay between the international order and municipal legal system of international law?

  • 2.What new changes can be seen in the way international and municipal law are entangled?

  • 3.What is necessary for most international rules to be put into practice?

  • 4.What is the basic principle of implementing international law within domestic legal systems?

  • 5.How is complete freedom of States observed with regard to the implementation of international rules?

  • 6.What are the mechanisms for implementing international rules?

  • 7.When does automatic standing incorporation occur? What are the consequences of such incorporation?

  • 8.How does legislative ad hoc incorporation differ from automatic standing incorporation?

  • 9.What forms can the legislation of a state take under legislative ad hoc incorporation?

  • 10.Which principles of incorporation are preferable? Why?