Файл: Metodi4ka.doc

1. to sign a contract

2. to conclude a contract

3. to draw up a contract

4. to execute (to perform)

a contract

5. to break a contract

6. to cancel a contract

   1. порушувати контракт

   2. виконувати контракт

   3. складати контракт

   4. підписувати контракт

5. заключати контракт

6. розривати контракт

7. Substitute the active vocabulary of the lesson for the italicized pails:

1. Early societies worked with notions of property rather than of promise.

2. The making of a contract requires the mutual agreement.

3. If a contract is broken, compensation is to be paid to the suffered party.

4. All problems connected with damaging the property were handled through property law.

5. The proceedings are private that is convenient.

8. Explain the difference in meanings of the following words in pairs below.

Point out the parts of speech of the words; make up your own sentences with them.

1. commitment and obligation

2. to handle disputes and to settle disputes

3. to pledge and to pawn

4. to guard and to secure

5. agreement and treaty

6. wages and salary

7. process and procedure

8. to authorize and to entrust

9. There are many types of legal contracts which create a legal relationship between individuals and between companies and individuals. Look at the following types and link each to its description.

1. Contract of employment a. This contract comes into existence as

soon as a job offer oral or written, is

accepted.

2. Shareholders agreement b. This agreement is used where
one party buys goods from the
manufacture and re-cells them on
his own account.

3. Consultancy agreement c. This agreement sets out the terms
and conditions on which a business
supplies goods.

4. Distribution agreement d. This agreement is used where

one party grants to another the right

to run a business in the name of the

first party. Examples include Body

Shop and McDonalds.

5. Franchise agreement e. This agreement is used where one

party provides services as an independent

advisor to a company.

6. Manufacturing licence agreement f. This is intended to govern the

relationship between a number of

shareholders in a company.

7. Terms and conditions of sale g. This agreement should be used
agreement where one party (the licensor) owns

intellectual property rights in respect

of a product it has developed and wishes

to license the manufacture to a third party.

UNIT 6___________________________________________________________

ADMINISTRATIVE LAW

Pre-reading tasks____________________________________________________

1. Tell in a few words what you know about administrative law.

2. Match the following English words and expressions with their Ukrainian equivalents:

1. public administration

2. regulatory statute

3. public official

4. statutory policy

5. rulemaking power

6. legal safeguard

7. licensing power

8. directing power

9. managerial operations

10. administrative oppression

11. investigatory power

1. адміністративний утиск

2. адміністративні дії

3. повноваження віддавати

адміністративні накази

4. право видавати ліцензії

5. законодавча політика

6. повноваження проводити

розслідування

7. нормотворчі повноваження

8. регулюючий закон

9. правовий захист, гарантія

10. державний службовець

11. державне управління

Reading tasks_______________________________________________________

Read the text to understand what information is of primary importance or new for you.

ADMINISTRATIVE LAW

Administrative law is a branch of law regulating the powers, procedures, and acts of public administration. It applies to the organization, powers, duties, and functions of public officials and public agencies of all kinds. Its development has been concurrent with the modern growth in the functions of government and in bureaucracy and with the parallel expanding need for legal safeguards over the agencies and officials of government.

Of the powers delegated to administrative authorities by modern regulatory statutes, four types may be mentioned: (1) the rulemaking power, or the power to issue general rules and regulations having the force of law for the purpose of filling up the details of statutory policy; (2) the licensing power, or the power to grant or refuse, to renew, and to revoke licenses or permits that may be required by statute for the pursuit of such professions as law and medicine and the conduct of certain forms of business; (3) the investigatory power, or the power to require witnesses to testify and produce books, papers, and records for the purpose of acquiring the information needed for effective regulation; and (4) the directing power, or the power to issue, usually after notice and an opportunity to be heard, administrative orders by which a private party is required, in conformity with the governing statute, to do or refrain from doing specified things.

Whatever the public-service and control functions of the administrative system maybe, however, their performance depends upon the conduct of everyday auxiliary operations: the management of personnel, financing, planning, and so on. Accordingly, the law must also establish rules to authorize and govern these auxiliary and managerial operations and the relations that the administrative system is to bear, with respect to these operations, to other parts of the government.

In the broadest sense, the problem of administrative law is an aspect of the central problem of political theory: the reconciliation of authority and liberty. More specifically, the purposes of legal control of public administration are: (1) to establish administrative authorities and enable them to carry out public policies designed to protect the public interest and (2) to safeguard private interests against administrative arbitrariness or excess of power.

It is important to remember, however, that in the larger view each of these interests includes the other as a factor. The public interest includes the welfare of all members of the community; those who are regulated no less than those for whose protection regulation is undertaken. Accordingly, the public interest itself suffers if those who are regulated become victims of administrative oppression. Yet it is equally true that the private interest of those who are regulated includes in the long run the public interest. They may profit in the short run if the law renders ineffective those administrative efforts designed to prevent their exploitation of the public; but by the same token it may render ineffective their protection against forms of exploitation indulged in by others. The aim of administrative law is thus to attain a synthesis of public and private interests in terms of the social and economic circumstances and ideals of the age.

Administrative law has a valuable contribution to make as an instrument for controlling the bureaucracy. In social democratic regimes, political control and judicial control of administration are regarded as complementary but distinct. Political control is concerned with questions of policy and the responsibility of the executive for administration and expenditure. Judicial control is concerned with inquiring into particular cases of complaint. Administrative law does not include the control of policy by ministers or the head of state.

One of the principal objects of administrative law is to ensure efficient, economical, and just administration. A system of administrative law that impedes or frustrates administration would clearly be bad, and so, too, would be a system that results in injustice to the individual. But to judge whether administrative law helps or hinders effective administration or works in such a way as to deny just ice to the individual involves an examination of the ends that public administration is supposed to serve, as well as the means that it employs.

In this connection only the broadest generalities can be attempted. It can be asserted that all states, irrespective of their economic and political system or of their stage of development, are seeking to achieve a high rate of economic growth and a higher average income per person. They are all pursuing the goals of modernization, urbanization, and industrialization. They are all trying to provide the major social, services, especially education and public health, at as high a standard as possible. The level of popular expectation is much higher than in former ages. The government is expected not only to maintain order but also to achieve progress. There is a widespread belief that wise and well-directed government action can abolish poverty, prevent severe unemployment, raise the standard of living of the nation, and bring about rapid social development. People in all countries are far more aware than their forefathers were of the impact of government on their daily lives and of its potential for good and evil.

The growth in the functions of the state is lo be found in the more-developed and in the less-developed countries; in both old and new states; in democratic, authoritarian, and totalitarian regimes. The movement is far from having reached its zenith. With each addition to the functions of the state, additional powers have been acquired by the administrative organs concerned, which may be central ministries, local, provincial, or regional governments, or special agencies created for a particular purpose.

UNDERSTANDING MAIN POINTS___________________________________

3. Mark these statements T (true) or F (false) according to the text.

1. One of the problems of administrative law is an aspect of the central problem of political theory: the inconsistency of authority and liberty.

2. The licensing power, or the power to grant or refuse, to renew, and to revoke licenses or permits may be required by statute for the pursuit of such professions as law and medicine and the conduct of certain forms of business.

3. Constitutional Law is a branch of law regulating the powers, procedures, and acts of public administration.

4. The purpose of administrative law is to attain a synthesis of public and private interests in terms of the social and economic circumstances.

5. An element of administrative law that impedes or frustrates administration would clearly be good, and so, too, would be a system that results in injustice to the individual.

4. Find words and expressions in the text which mean:

1. An official document authorizing a specified activity that

would be unlawful without such document.­­­­­ _____________

2. Absence of justice; unjust act. _____________

3. The body of rules and procedures that organizes government

and provides mechanisms for redress of grievances as a

result of decisions or actions of government. _____________

4. The policy prescribed, authorized or recognized by a statute. _____________

5. Government by privileged stratum of higher officials

intertwined with the ruling classes. _____________

5. WORD FAMILIES. Give the word family of the word administration (such as adjective, verb, noun etc.) Translate them into Ukrainian.

6. Find in the text all the word combinations with the word and family of the word power. Give their Ukrainian equivalents. Make up your own sentences with them.

7. Make the following sentences complete by translating the words and phrases in brackets:

1. May be mentioned four types of the powers delegated to administrative authorities by modern regulatory statutes: (нормотворчі повноваження), (право видавати ліцензії), (повноваження проводити розслідування), (повноваження віддавати адміністративні накази).

2. The law must also establish rules to authorize and govern (до­даткові та адміністративні дії).

3. The performance of the public-service and control functions of the administrative system depends upon the conduct of everyday auxiliary operations: (управління персоналом), (фінансуван­ня), (планування), and so on.

4. The public interest itself suffers if those who are regulated become victims of (адміністративний утиск).

5. Administrative Law is a branch of law regulating the powers, procedures, and acts of (державне управління).

8. Use the word in capitals at the end of the line to form a word that fits in the space in the same line. See an example.

Administrative Law is a branch of law regulating

the powers, (1) procedures, and acts of public PROCEED

(2) __________.The powers delegated to ADMINISTRATE

administrative (3) __________ by modern AUTHORIZE

regulatory statutes is the rulemaking power,

or the power to issue general rules and

(4) __________ having the force of law for the REGULATE

purpose of filling up the details of (5) __________ STATUTE

policy. The law must establish rules

to authorize and govern these auxiliary

and (6) __________ operations and the relations that MANAGER

the administrative system is to bear,

with respect to these operations, to other parts

of the (7) __________ In the broadest sense, GOVERN

the problem of administrative law is an aspect of the

central problem of (8) __________ theory: POLITIC

the (9) __________of authority and liberty. RECONCILE

Administrative law has a valuable (10) __________ CONTRIBUTE

to make as an instrument for controlling

the (11) __________.One of the principal objects of BUREAU

administrative law is to (12) __________ efficient, SURE

(13) __________, and just administration. ECONOMY

UNIT 7___________________________________________________________

CONSTITUTIONAL LAW

Pre-reading tasks____________________________________________________

1. How do you understand the term constitution and its role in a political community?

2. Match the following English words and expressions with their Ukrainian equivalents:

1. inalienable right

2. supranational institutions

3. a church congregation

4. retroactive law

5. prerequisite

6. to label

7. patterns of governance

8. to ensure respective powers

9. to endow

10. positive law

11. divine law

1. позитивне, чинне право

2. духовне, божественне право

3. невід'ємне право

4. наділяти

5. передумова

6. відносити до категорії,іменувати

7. наднаціональні інститути

8. моделі управління

9. конгрегація, релігійна група

10. наділяти відповідними повноваженнями

11. закон, що має зворотню силу

Reading tasks_______________________________________________________

Read the text to understand what information is of primary importance or new for you.

CONSTITUTIONAL LAW

Constitutional law is the body of rules, doctrines, and practices that govern the operation of political communities. In modern times by far the most important political community has been the national state. Modern constitutional law is the offspring of nationalism as well as of the idea that the state must protect certain fundamental rights of the individual. As national states have multiplied in number, so have constitutions and with them the body of constitutional law. But constitutional law originates today sometimes from non-national sources too, while the protection of individual rights has become the concern also of supranational institutions.

In the broadest sense a constitution is a body of rules governing the affairs of an organized group. A parliament, a church congregation, a social club, or a trade union may operate under the terms of a formal written document labelled constitution. This does not mean that all of the rules of the organization are in the constitution, for usually there are many other rules such as bylaws and customs. Invariably, by definition, the rules spelled out in the constitution are considered to be basic, in the sense that, until they are modified according to an appropriate pro­cedure, all other rules must conform with them. Thus the presiding officer of a club is obliged to rule that a proposal is out of order if it is contrary to a provision of its constitution. Implicit in the concept of a constitution is that of a higher law that takes precedence.

Every political community, and thus every national state, has a constitution, at least in the sense that it operates its important institutions according to some fundamental body of rules. In this sense of the term the only conceivable alternative to a constitution is a condition of anarchy. Constitutions may be written or unwritten; they may be complex or simple; they may provide for vastly different patterns of governance. Even if the only rule that matters is the whim of an absolute dictator, that may be said to be the constitution.

The constitution of a political community is therefore composed, in the first place, of the principles determining the agencies to which the task of governing the community is entrusted and their respective powers. In absolute monarchies, such as the Oriental kingdoms and the Roman Empire in antiquity and the French monarchy between the 16th and 18th centuries, all sovereign powers were concentrated in one person, the king or emperor, who exercised them directly or through subordinate agencies that had to act according to his instructions. In ancient republics, such as Athens and Rome, the constitution provided, as do the constitutions of most modern states, for a distribution of powers among distinct agencies. But whether it concentrates or distributes these powers, a constitution always contains at least the rules that define the structures and operations of the government that runs the community.

The constitution of a political community may contain more, however, than the definition of the authorities endowed with powers to command. It may also include principles that delimit those powers in order to secure against them fundamental rights of persons or groups. The idea that political sovereignty is not unlimited stems from an old tradition in Western philosophy. Well before the advent of Christianity, Greek philosophers thought that positive law — i.e., the law actually enforced in a community in order to be just must reflect the principles of a superior, ideal law: natural law. Similar conceptions were propagated in Rome by Cicero and by the Stoics. Later the Church Fathers and the Scholastics held that positive law was binding only if it did not conflict with the precepts of divine law. These considerations did not remain abstract speculations of philosophers and theologians; to a measure, they found reception in fundamental rules of positive legal systems. In Europe, for example, the authority of political rulers throughout the Middle Ages did not extend to religious matters, which were strictly reserved to the jurisdiction of the church. The powers of political rulers, moreover, were limited by the rights of at least some classes of subjects. Quarrels and fights over the extent of such rights were not infrequent; and they were sometimes settled through solemn, legal “pacts” among the contenders, the prominent example being Magna Carta (1215). In the modern age, even the powers of an absolute monarch such as the king of France were not truly absolute: acting alone, he could not alter the fundamental laws of the kingdom or disestablish the Roman Catholic Church.

Against this background of already existing legal limitations on the powers of governments, a decisive turn in the history of Western constitutional law occurred when a theory of natural law based on the “inalienable rights” of the individual was developed. John Locke (1632-1704) was the first outstanding champion of the theory. He was followed by others, and in the 18th century the doctrine of the rights of the individual became the banner of the Enlightenment. The theory assumed that there are certain rights belonging to every single human being (religious freedom, freedom of speech, freedom to acquire and possess property, freedom not to be punished on the basis of retroactive laws and of unfair criminal procedures, and so on), which governments cannot “take away” because they were not “created” by governments. The theory further assumed that governments must be organized in such a way as to afford an effective protection of the rights of the individual. For that purpose it was thought that, as a minimal prerequisite, governmental functions must be divided into legislative, executive, and judicial; that executive action must comply with the rules laid down by the legislature; and that remedies, administered by an independent judiciary, must be available against illegal executive action.

The theory of the rights of the individual was a potent factor in reshaping the constitutions of Western states in the 17th, 18th, and 19th centuries. The first step was made by England at the time of the Glorious Revolution (1688). All of these principles concerning the distinction of governmental functions and their appropriate relations were incorporated in constitutional law. England also soon changed some of its laws so as to give more adequate legal force to the newly discovered individual freedoms. It was in the United States, however, that the theory scored its most complete success. Once the English colonies became independent states (1776), they faced the problem of giving themselves a fresh political organization. They seized the opportunity to spell out in special legal documents, which could be amended only through a special procedure, all the main principles providing for the distribution of governmental functions among distinct state agencies as required by the theory, as well as the main principles concerning the rights of the individual the theory wanted to be respected by all state powers. The federal Constitution (1788) and its Bill of Rights (Amendments 1-X, 1791) did the same, shortly thereafter, at the national level. By giving through this device a formal, higher status to rules defining the essential organization of government, as well as the essential limitations of its legislative and executive powers, U.S. constitutionalism put in full evidence the character that belongs, in essence, to all constitutional law: the fact of its being “basic” with respect to all other laws of the legal system. This also made it possible to set up institutional controls over the conformity even of legislation with the group of rules considered, with­in the system, to be of supreme importance.

The American idea of stating in an orderly, comprehensive document the essentials of the rules that must guide the operations of government became popular very quickly. Since the end of the 18th century scores of states, in Europe and elsewhere, have followed the United States’ example. Today, almost all states have constitutional documents describing the fundamental organs of the state, the ways they should operate, and, usually, the rights they must respect and even sometimes the goals they ought to pursue. Notwithstanding great differences among themselves, the constitutional charters of contemporary states are all similar at least in one respect: they are meant to express the core of the constitutional law governing their respective countries.

UNDERSTANDING MAIN POINTS___________________________________

3. Mark these statements T (true) or F (false) according to the text.

1. Not every national state but every political community has a constitution, at least in the sense that it operates its important institutions according to some fundamental body of rules.

2. The constitution of a political community is composed of the principles determining the agencies to which the task of governing the community is entrusted and their respective powers.

3. Once the American colonies became independent states, they faced the problem of giving themselves a fresh political organization.

4. Since the end of the 19th century scores of states, in Europe and elsewhere, have followed the United States’ example.

5. Positive law from the Greek philosophers’ point of view is the law actually enforced in a community in order to be just must reflect the principles of a superior, ideal law: natural law.

4. Answer the questions on the text above:

1. By what means can constitutional law as the body govern the operation of political communities?

2. What is a constitution in the broadest sense?

3. What kind of organizations may operate under the terms of a formal written document labelled constitution?

4. What types of constitutions may be?

5. What is the composition of the constitution of a political community?

6. Can you describe the conceptions which were propagated in Rome and by whom?

7. Can you explain the rules of positive legal systems in the Middle Ages?

8. What doctrine was the banner of the Enlightenment? What did it assume?

9. What is the role of the USA in the forming of constitutional law?

5. Make the following sentences complete by translating the words and phrases in brackets.

1. The constitution of a (політична спільнота) may also include principles that

(визначити межі) powers to command in order to secure fundamental rights of

persons or groups.

2. If a proposal is out of order the presiding officer of a club is obliged to rule if it is (суперечити) a provision of its constitution.

3. The only (можлива) alternative to a constitution is a condition of anarchy.

4. The constitution of a political community is (складатися) of the principles determining the agencies to which the task of governing the community is (наділяти) and their (відповідні повноваження).

5. (Вирішальний момент) in the history of Western constitutional law occurred when a theory of natural law based on the («невід’ємне право») of the individual was developed.

6. Find the meaning in which the word «constitution» is used in the text:

1. System of government; laws and principles according to which a state is governed.

2. General physical structure and condition of a person’s body.

3. General structure of a thing; act or manner of constituting.

7. Find in the text all the word combinations with the word and family of the word “constitution”. Give their Ukrainian equivalents. Make up your own sentences with them.

8. Complete the sentences with the given words:

Unwritten trade union essentials govern individual affairs

1. Constitutional law is the body of rules, doctrines, and practices that

____________ the operation of political communities.

2. In the broadest sense a constitution is a body of rules governing the

____________ of an organized group.

3. A parliament, a church congregation, a social club, or a ____________

may operate under the terms of a formal written document labelled

constitution.

4. Constitutions may be written or ____________; they may be

complex or simple; they may provide for vastly different patterns

of governance.

5. The theory of the rights of the ____________ was a potent factor in

reshaping the constitutions of Western states in the 17th, 18th, and

19th centuries.

6. The American idea of stating in an orderly, comprehensive document

the ____________ of the rules that must guide the operations of

government became popular very quickly.

9. Match these documents with the descriptions below:

Magna Carta Bill of Rights

1. _____________ a document, frequently but not essentially, of high standing

in constitutional law, which sets out protections for the citizens, usually from

the state itself.

2. _____________ one of the foundations of the notion of the rule of law,

signed by King John at Runymede, 15 June 1215.

10. Explain the meaning of the following in English:

– The Oriental kingdom;

– the advent of Christianity;

– the Scholastics;

– the Enlightenment;

– the Glorious Revolution.

UNIT 8___________________________________________________________

INTERNATIONAL LAW

Pre-reading tasks____________________________________________________

1. What does international law regulate?

2. Match the following English words and expressions with their Ukrainian equivalents:

1. tenets of international law

2. mitigation of warfare

3. direct negotiations

4. customary international law

5. permanent organization

6. suppression of acts of aggression

7. intercourse among nations

8. stateless person

1. відносини між країнами

2. постійна організація

3. придушення агресії

4. принципи міжнародного права

5. прямі переговори

6. особа без громадянства

7. звичаєве міжнародне право

8. пом'якшення прийомів

ведення війни

Reading tasks_______________________________________________________

Read the text to understand what information is of primary importance or new for you.

INTERNATIONAL LAW

International Law contains principles and rules of conduct that nations regard as binding upon them and, therefore, are expected to and usually do observe in their relations with one another. International law is the law of the international community.

The need for some principles and rules of conduct between independent states arises whenever such states enter into mutual relations. Rules governing the treatment of foreign traders, travellers, and ambassadors, as well as the conclusion and observance of treaties, developed early in human history. The oldest known treaty, preserved in an inscription on a stone monument, is a peace treaty between two Sumerian city-states, dating from about 3100 BC. A considerable number of treaties concluded by the empires of the ancient Middle East during the 2nd millennium BC show rudimentary notions of international law. In later antiquity the Jews, Greeks, and Romans developed tenets of international law. Jewish law as set forth in the Book of Deuteronomy contains prescriptions for the mitigation of warfare, notably prohibitions against the killing of women and children. The Greek city-states created an elaborate treaty system governing a multitude of aspects of the relations among themselves. The conduct of the Olympic Games and the protection of religious places, such as the Temple of Delphi, were among the subjects of some of these inter-Greek treaties.

Even more than other ancient peoples, the Romans made significant contributions to the evolution of international law. They developed the idea of a jus gentium, a body of laws designed to govern the treatment of aliens subject to Roman rule and the relations between Roman citizens and aliens. They were the first people to recognize in principle the duty of a nation to refrain from engaging in warfare without a just cause and to originate the idea of a just war.

Modern international law emerged as the result of the acceptance of the idea of the sovereign state, and was stimulated by the interest in Roman law in the 16th century. Building largely on the work of previous legal writers, the Dutch jurist Hugo Grotius, sometimes called the father of modern international law, published his celebrated work “On the Laws of War and Peace” in 1625.

International law stems from three main sources: treaties and international conventions, customs and customary usage, and the generally accepted principles of law and equity. Judicial decisions rendered by international tribunals and domestic courts are important elements of the law-making process of the international community. United Nations resolutions now may also have a great impact on the growth of the so-called customary international law that is synonymous with general principles of international law.

The present system of international law is based on the sovereign state concept. It is within the discretion of each state, therefore, to participate in the negotiation of, or to sign or ratify, any international treaty. Likewise, each member state of an international agency such as the UN is free to ratify any convention adopted by that agency.

Treaties and conventions were, at first, restricted in their effects to those countries that ratified them. They are particular, not general, international law; yet regulations and procedures contained in treaties and conventions have often developed into general customary usage, I hat is, have come to be considered binding even on those states that did not sign and ratify them. Customs and customary usages otherwise become part of international law because of continued acceptance by l he great majority of nations, even if they are not embodied in a written treaty instrument. Generally accepted principles of law and justice fall into the same category and are, in fact, often difficult to distinguish from customs.

Since the beginning of the 19th century, international conferences have played an important part in the development of the international system and the law.

At the end of World War I the League of Nations was established by the covenant signed in 1919 as part of the Treaty of Versailles. Pursuant to provisions in this covenant, the permanent Court of International Justice was established in 1921. The League of Nations was created as a permanent organization of independent states for the purpose of maintaining peace and preventing war. During its existence 63 countries were members of the League at one time or another.

The League of Nations was the forerunner of the United Nations. The UN began its life with a membership of 50 nations. There are 191 Member States in the UN now. The aims and purposes of the organization encompass the maintenance of peace and security and the suppression of acts of aggression.

International law regulates intercourse among nations in peacetime and provides methods for the settlement of disputes by means other than war. Apart from procedures made available by the UN, these methods include direct negotiation between disputants under the established rules of diplomacy, the rendering of good offices by a disinterested third party, and recourse to the International Court of Justice. Other peacetime aspects of international law involve the treatment of foreigners and of foreign investments; the acquisition and loss of citizenship; and status of stateless persons; the extradition of fugitives; and the privileges and duties of diplomatic personnel.

UNDERSTANDING MAIN POINTS___________________________________

3. Answer the following questions using the information from the text:

1. What does international law contain?

2. What were the first rules and the treaties developed in early human history?

3. What problems did first international law concern?

4. What is ‘jus gentium’ developed by the Romans?

5. What are the three main sources that international law stems from?

6. How were first modern international treaties restricted?

7. When was the Court of International Justice established? What is its function?

8. What do the aspects of international law involve?

4. Continue the list of the words that are close in meaning:

Treaty, convention, …

Law, rule, regulation, …

Warfare, war, …

Tribunal, court, …

5. Give the word families of the following words. Mark the meaning in which the following words are used in the text:

law

• a rule or set of rules, enforceable by the courts, regulating the government of a state, the relationship between the organs of government and the subjects of the state, and the relationship or conduct of subjects towards each other

• a rule or body of rules made by the legislature. See statute law

• a rule or body of rules made by a municipal or other authority. See by law

• the condition and control enforced by such rules(in combination): law court

• a rule of conduct: a law of etiquette

• one of a set of rules governing a particular field of activity: the laws of tennis

court

• an area of ground wholly or partly surrounded by walls or buildings

• a tribunal having power to adjudicate in civil, criminal, military, or ecclesiastical matters

• the regular sitting of such a judicial tribunal

• the room or building in which such a tribunal sits

• marked outdoor or enclosed area used for any of various ball games, such as tennis, squash, etc.

• a marked section of such an area: the service court

treaty

• a formal agreement or contract between two or more states, such as an alliance or trade arrangement

• the document in which such a contract is written

• an agreement between two parties concerning the purchase of property at a price privately agreed between them

• various forms of aid (as modifier): treaty Indians; treaty money

justice

• the principle of fairness that like cases should be treated alike

• the principle that punishment should be proportionate to the offence

• the administration of law according to prescribed and accepted principles

• conformity to the law; legal validity

• a judge of the Supreme Court of Judicature

• short for justice of the peace

6. International Law (Public International Law) consists of rules and principles which govern the relations and dealings of nations with each other. It concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations. In contrast, Private International Law deals with controversies between private citizens, natural or juridical, arising out of situations having significant relations to more than one nation.

Look at the following legal areas and classify them into Public or Private International Law.

adoption arms control contractual relations divorce environmental issues human rights immigration international crime maritime law piracy war crimes
PUBLIC International Law	PRIVATE International Law
adoption	environmental issues

7. Find the definitions of the key words:

1. convention

2. sovereign

3. conclude

4. binding

5. treaty

6. custom

7. regulation

8. ratify

9. instrument

1. to give formal approval to something in order that it can become law

2. self-governing and not ruled by another state

3. rule

4. legally required

5. legally binding agreement between states sponsored by an international organisation

6. legally binding agreement between two or more states

7. a formal legal document

8. a long established tradition or usage that become customary law if it is regularly observed and recognized by those states observing it as a practice that they must follow

9. to make a formal agreement complete and fixed, especially after long discussions and arrangements

8.

A. Read the following speech of Kofi Annan, United Nations Secretary General. Make up four questions, ask your partner to answer them.

Rome Statute of the

INTERNATIONAL CRIMINAL COURT

‘In the prospect of an international criminal

court lies the promise of universal justice. That

is the simple hope of the vision. We are close to

its realization. We will do our part to see it

through till the end. We ask you. ..to do yours in

our struggle to ensure that no ruler, no State, no

junta and no army anywhere can abuse human

rights with impunity (без покарання). Only

then we will the innocents of distant wars and

conflicts know that they may sleep under the

cover of justice; that they have rights, and that

those who violate those rights will be punished.’

Kofi Annan

B. Here are the objectives of the International Criminal Court. Answer the questions below.

1. to achieve justice for all

2. to end impunity for abuse of human rights

3. to help end wars and conflicts

4. to assume control when national criminal justice institutions are

unwilling or unable to act

5. to deter future war criminals

Which objective means the following?

1. The International Criminal Court aims to discourage war criminals
   through the possibility of trial.

2. Those who commit murder are often not punished.

3. Not everyone receives a fair trial.

4. Local courts may not always be able to deliver justice.

5. The International Criminal Court will try to stop wars.

UNIT 9___________________________________________________________

HUMAN RIGHTS

Pre-reading tasks____________________________________________________

1. Give your definition for the word-combination human rights. What is the difference between human rights and legal rights?

2. Match the following English words and expressions with their Ukrainian equivalents:

1. legally enforceable freedoms

2. signatory states

3. state interference

4. by virtue of being a human person

5. meaningful democracy

6. to impose internal exile

7. to lack legitimacy

8. part and parcel

1. країни, що підписали (угоду)

2. заслати (в межах країни)

3. невід’ємна частина

4. бракувати законності

5. втручання держави

6. свободи, забезпечені законом

7. справжня демократія

8. в силу того, що людина є

людиною

Reading tasks_______________________________________________________

Read the text to understand what information is of primary importance or new for you.

HUMAN RIGHTS

People use the word “rights” in different senses, and so we need to clarify what they mean.

“Rights” may refer to legally enforceable freedoms. Thus, when lawyers talk about the “right to vote”, they may be referring to legal rights contained in the national acts and perhaps also to the international treaty obligations which place a duty on governments to organize elections. For instance, the countries, which have ratified the First Protocol to the European Convention on Human Rights (ECHR) “undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the people in the choice of the legislature” (Art 3).

“Rights” may also be used to mean something else. Campaigners for voluntary euthanasia in the U K, for example, say that people have the right to die with dignity and with the assistance of their doctor. They are not suggesting that there is currently such a legal right; rather, they use the word “right” as a rhetorical device to add weight to their moral argument in favour of mercy killing. Many philosophers prefer to avoid using the language of rights in such contexts.

Today, the term “human rights” is often used to describe people’s residual liberties from interference by State authorities. After the Second World War many countries around the world, came to recognize that rights against State interference and coercion were no longer a question solely for national law. Since the late 1940s, many international treaties have been established under which governments of Signatory States agree with one another to respect the basic freedoms of their citizens. Under the auspices of the United Nations, the Universal Declaration of Human Rights was established in 1948. Several regional treaties were subsequently created, including the ECHR, which came into force in 1953. These treaties were new forms of international law. First, the countries, which are parties to them, agree with one another to respect the rights of people within their jurisdiction; i.e. international law had been regarded as only regulating the relations between States. Secondly, these treaties established tribunals and procedures for monitoring and enforcing the parties’ compliance with their treaty obligations.

The term “human rights” is not limited to the freedoms people have from unjustified coercion by State authorities. Several international treaties seek to protect political rights to participate in collective decision-making, such as the First Protocol to the ECHR. “Human rights” also extends to some economic and social entitlements.

There are many jurisprudential debates about the nature of rights and how they are expressed in law. There are two particular controversies: what is the source of human rights; and are they universally applicable to all times and places? For many legal theorists, human rights exist because they are “natural” or “inalienable” attributes to being a human being. Rosalyn Higgins states that:

Human rights are rights held simply by virtue of being a human person. They are part and parcel of the integrity and dignity of the human being. They are thus rights that cannot be given or withdrawn at will by any domestic legal system [Problems and Processes: International Law and How We Use It, 1994, Oxford: OUP, p 96].

In the past, there have been great philosophical debates over whether such “natural” rights existed, but with the drafting of international legal charters to human rights after the Second World War, these controversies have become less pressing for lawyers and politicians, as they are now able to see those instruments themselves as the source of human rights.

Another debate around the nature of human rights is, therefore, whether they are universal and timeless, or contingent on culture and temporary. This is often part of a more general debate about the nature of liberal democracy. Some legal scholars are anxious to stress the universal aspects of human rights, others are less certain.

The rights set out in international treaties seeking to protect liberty rights are important to the system of liberal democracy for two main reasons. One is that rights to liberty go to the core of what it means to be a human being. Without them, a person is little more than an automaton – a member of an army rather than a citizen belonging to a community. In other words, such rights provide a basis from which to argue that there are areas of personal freedom, which should not be violated by State authorities (including Parliament and the judiciary). A second reason is that many liberties are the pre-conditions for meaningful democracy. Parliamentary elections and the process of legislation are valuable ways of making collective decisions for a society only if people’s basic freedoms are respected. Suppose, for example, a government calls an election, but bans other political parties, suppresses dissenting opinion, confiscates critical literature, puts its opponents in jail without fair trial, kills them or imposes internal exile. Even if the governing party wins a majority of votes, its election and its subsequent actions would lack legitimacy.

UNDERSTANDING MAIN POINTS___________________________________

3. Answer the following questions using the information from the text:

1. What does the word “right” refer to?

2. What does “people have the right to die with dignity” mean?

3. What factors brought about the establishment of the Universal Declaration

of Human Rights?

4. What do the countries agree upon in 1950s?

5. Is the term “human rights” limited to the freedoms from unjustified coercion

by authorities?

6. What are the two controversies in jurisprudential debates about the nature

of rights?

7. Do all legal scholars are certain about the universal aspects of human rights?

8. What are the two main reasons of the importance of protection liberty rights

to the system of liberal democracy?

4. Give the word families of the following words. Mark the meaning in
which the following words are used in the text:

right

1. title to or an interest in any property

2. freedom to exercise any power conferred by law

3. any other interest or privilege recognized and protected by law

authority

a) power delegated to a person or body to act in a particular way

2. a governing body

3. a judicial decision or other source of law used as a ground for a

legal preposition

state

1. the condition of a person or thong with respect to circumstances

2. a nation or a government, a country

3. a part of the USA

term

a) the time or period, usually fixed

b) a word defining something in a particular field

c) pl. conditions and stipulations

d) pl. words expressed in a specified way

5. Write down the plan for this text in the form of questions. Ask your partners to answer them.

6. On December 10, 1948 the Declaration of Human Rights was issued, defining the civil, political, economic, social and cultural rights of human beings. Below are extracts from the first 10 articles (there are 30 in all).

A) Complete the text by choosing the correct word from the box.

B) Give the information of each article in your own words and comment on each.

charge detention exile free

freedoms law Liberty punishment race

remedy rights slavery tribunal

Article 1. All human beings are born … and equal in dignity and rights.

Article 2. Everyone is entitled to all the rights and … set forth in this

Declaration, without distinction of any kind, such as …,

colour, sex, language, religion, political or other opinion,

national or social origin, property, birth or other status.

Article 3. Everyone has the right to life, … and security of person.

Article 4. No one shall be held in … or servitude (рабство); slavery and

the slave trade shall be prohibited in all their forms.

Article 5. No one shall be subjected to torture or to cruel, inhuman or

degrading treatment or ….

Article 6. Everyone has the right to recognition everywhere as a person

before the ….

Article 7. All are equal before the law and are entitled without any

discrimination to equal protection of the law.

Article 8. Everyone has the right to an effective … by the competent

national tribunals for acts violating the fundamental rights

granted him by the constitution or by law.

Article 9. No one shall be subjected to arbitrary arrest, …or … .

Article 10. Everyone is entitled in full equality to a fair and public hearing

by an independent and impartial …, in the determination of his

… and obligations and of any criminal … against him.

7. Express your thoughts on the subject.

• What is your understanding of the term “human rights”?

• How can your liberty be interfered?

• How can your rights be violated?

• What system of protection of human rights violations does your country have? If you were President which system would you suggest?

Pre-reading tasks____________________________________________________

8. What do you understand under the term human rights? Predict the list of words which to your mind could be used in the text.

9. Match the following English words and expressions with their Ukrainian equivalents:

1. key objective

2. supra-national judicial tribunal

3. alleged violations

4. degrading treatment

5. prohibition of torture

6. invasions of privacy

7. economic well-being

8. libertarian values

9. втручання в приватне життя

10. основне завдання

11. поводження, що принижує

гідність

12. економічний добробут

13. наднаціональний, міждержавний суд

14. лібертаріанські цінності

15. припустимі порушення

16. заборона катування

Reading tasks_______________________________________________________

Scan the text and note all the works and phrases that you think are terms closely connected with the European Convention on Human Rights. Compare them with the words which you have predicted.

THE EUROPEAN CONVENTION ON HUMAN RIGHTS.

HUMAN RIGHTS AND EU LAW

For people living in Europe today, one international human rights treaty has special importance – the European Convention on Human Rights and Fundamental Freedoms (ECHR). This treaty was created under the auspices of the Council of Europe, a key objective of which was to secure democracy in Europe after the Second World War. A supra-national judicial tribunals exist to adjudicate on alleged violations of the rights set out in the ECHR and enforce them against signatory States.

Among the rights set out in the ECHR are: the right to life (Art 2); prohibition of torture, inhumane and degrading treatment (Art 3); prohibition of slavery and forced labour (Art 4); rights to liberty and security of the person (Art 5); right to a fair trial to determine civil obligations and criminal charges (Art 6); no punishment without law (Art 7); right to respect for a person’s private and family life, his home and his correspondence (Art 8); freedom of thought, conscience and religion (Art 9); freedom of expression (Art 10); freedom of assembly and association, including the right to form and join trade unions (Art 11); and the right to marry (Art 12). There are a number of Protocols to the ECHR, not all of which the parties have yet agreed to be bound by. The First Protocol provides that “every natural and legal person is entitled to the peaceful enjoyment of his possessions” (Art 1), that “no person shall be denied the right to education” (Art 2) and that the parties to the Protocol “undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature” (Art 3).

Some rights, such as the protection against slavery (Art 4), the prohibition on torture and inhuman treatment (Art 3) and the prohibition on retrospective criminal legislation (Art 7) are unqualified; there are no permissible limitations. Many of the other rights are, however, qualified. Article 5 (right to liberty and security), for example, sets out specific situations where limitations by the State may be permissible. In others, Arts 8, 9, 10 and 11, competing interests, which may countervail over the right in question, are set out. These include:

1. the interests of national security or public safety;

2. the prevention of disorder or crime;

3. the protection of health or morals; and

4. the protection of the rights of others.

Articles 8(2) and 11(2) also include the protection of the freedoms of others, and Art 8(2) allows invasions of privacy, which are in the interests of “the economic well-being of the country”. These qualifications must be “prescribed by law”, in pursuit of a “legitimate aim” and “necessary in a democratic society”. The ECHR is, therefore, not a charter of libertarian values, which upholds individual liberty against the State in all situations.

The European Union and European Community law is a legal system quite distinct from that of the Council of Europe and the ECHR. There are, however, important interconnections between them. First, all Member States of the European Union are parties to the ECHR.

Secondly, the European Court of Justice in Luxembourg (ECJ) regards the rights protected by the ECHR as forming part of the “general principles” of Community case law.

The European Union itself is not a party to the ECHR. (To be accurate, it would be the European Community, which would become a party, as it has legal personality, whereas the European Union does not). This means that a person or business claiming that an institution of the European Union (for instance, the Commission) has breached human rights cannot take a case to the Court of Human Rights. There are several reasons why the European Union has not become a party to the ECHR. In 1996 the Court of Justice stressed that the EC Treaty contained no express or implied powers enabling the Community to become a party to the ECHR. In any event, some Member States take the view that, because the European Community is not a “State”, it ought not, itself, to participate in treaty organisations such as that of the ECHR. It is also far from certain that parties to the ECHR, which are not Member States of the European Union, would welcome it joining.

The question therefore arises whether one or more Member States of the European Union, which are parties to the ECHR, maybe liable before the Court of Human Rights for a violation of the ECHR following a decision reached by the European Union’s institutions. The Court of Human Rights has answered this in the affirmative. In Matthews v UK (1999), a resident of Gibraltar complained that people living there had no vote in elections for the European Parliament contrary to Protocol No 1 of the ECHR, Art 3. Gibraltar is not part of the UK, but people living there are British nationals. The provisions of the EC Treaty apply there, though Gibraltar is excluded from the operation of some of its provisions, notably on free movement of goods. In 1976, the Member States of the European Community concluded a treaty agreement between themselves on direct elections to the European Parliament; the Council subsequently made a Decision under EC Treaty, Art 249 setting out in more detail the voting arrangements; Gibraltar was not included in the franchise. The Court of Human Rights accepted that the European Community as such could not be challenged because it was not a contracting party to the ECHR; but it held that the UK, by its actions in participating in making the Council Decision, was responsible for the violation of the ECHR.

UNDERSTANDING MAIN POINTS___________________________________

10. Check your understanding of the main points, read the whole text carefully and:

A. Complete the tables below:

• Articles in the ECHR

• Over time, new rights have been added to the Convention through

additional Protocols. Those included in the Human Rights Act at

present are:

B. Complete each sentence below:

1. The European Union and European Community law is a legal system

distinct from ...

2. The European Union itself is not a party to the ECHR. This means ...

3. There are several reasons why The European Union has not become

a party of the ECHR, they are:

4. The Court of Human Rights deals with a range of questions connected with...

UNIT 10___________________________________________________________

EMPLOYMENT LAW

Pre-reading tasks____________________________________________________

1. What do you know about Labour Code? Have the Ukrainian citizens any Employment or labour rights under the Constitution?

2. Match the following English words and expressions with their Ukrainian equivalents: