Текст: «Международное право».

TEXT

INTERNATIONAL LAW

 

THE TWO SOURCES OF INTERNATIONAL LAW

As the basis of the Law of Nations is the common consent of the member-states of the Family of Nations, it is evident that there must exist as many sources of International Law as there are facts through which such common consent can possibly come into existence. A State, just as an individual, may give its consent either directly by an express declaration, or tacitly by conduct which it would not follow in case it didn’t consent. The sources of International Law are therefore twofold – namely: 1) express consent, which is given when States conclude a treaty stipulating certain rules for the future international conduct of the parties; 2) tacit consent, that is implied consent or consent by conduct, which is given through States having adopted the custom of submitting to certain rules of international conduct.

 

UNIVERSAL AND REGIONAL INTERNATIONAL LAW

International law is based on the assumption that there exists an international community embracing all independent States and constituting a legally organized society. From this assumption there necessarily follows the acknowledgement of a body of rules of a fundamental character universally binding upon all the members of that society. In view of the wide geographic, economic, and cultural difference obtaining between states, the scope of rules capable of universal application must necessarily be more limited than in the relations of individuals within the State. These diversities between States may render necessary developments and adjustments on the basis of a regional community of interests, but such particular International Law between two or more States presupposes the existence and must be interpreted in the light of principles of International Law binding on all States.

(From “International Law”, by L. Oppenheim)

 

Задания к тексту

I. Подберите русские эквиваленты для следующих терминологических выражений:

1) express consent; 2) tacit consent; 3) to conclude a treaty; 4) to stipulate certain rules; 5) implied consent; 6) consent by conduct; 7) to be based on the assumption; 8) a body of rules; 9) the scope of rules capable of universal application; 10) to render necessary developments.

II. Найдите в тексте английские эквиваленты для следующих лексических единиц:

1) источники международного права; 2) очевидно; 3) свод правил, пригодных для всеобщего применения; 4) заявительная декларация; 5) основополагающий характер; 6) заключить договор; 7) в плане широких географических, экономических и культурных различий; 8) быть основанным на предположении; 9) неизбежно вытекает; 10) связывающий все государства.

III. Переведите на русский язык один абзац текста по указанию преподавателя или вашему собственному выбору.

 

ТЕКСТЫ ДЛЯ ДОПОЛНИТЕЛЬНОГО ЧТЕНИЯ

 

Текст 1. АВТОРСКОЕ ПРАВО.

 

COPYRIGHT

 

infringement - нарушение

wholly or partially – полностью или частично

signed – подписан

fully authorized agent – полномочный представитель

 

Copyright means the sole right to produce or reproduce a particular work, or any substantial right thereof, in any material form whatsoever, or to perform or, in the case of a lecture to deliver, the work or any substantial part thereof in public; if the work is unpublished, to publish the work or any substantial part thereof. Copyright is governed by the Copyright Act, 1911.

Any person who does anything which only the owner of the copyright has a right to do commits an infringement of the copyright. Publications for educational and cultural purposes are not infringements of copyright.

Copyright usually endures for the life of the author and a period of fifty years after his death, but in the case of photographic work, grammaphone records and the like, the period of fifty years from the making of the negative. In the case of joint authors copyright endures for the life of the one who dies first and either fifty years from his death or the life of the one who dies last, whichever is the longer period.

In general, the author of a work is the first owner of the copyright therein. The owner of a copyright may assign it wholly or partially, or by license grant any interest in it, in each case either absolutely or with limitations as to space and time, but any assignment or grant must be in writing and signed by the owner or his duly authorized agent.

(From “General Principles of English Law” by O.K.Metcalfe, London, 1958)

 

 

Текст 2. МОШЕННИЧЕСТВО.

FRAUD

Fraud against the Community is not a question of petty pilfering but of large scale organized financial crime. The most frequent type of fraud is the one involving tobacco and cigarettes. It occurres in Germany, Belgium, Spain, France, Ireland and Italy. Fraud concerning agricultural products is carried out in most Union countries; specifically for beef (Belgium, Germany, France and the United Kingdom), cereals (Germany, Italy, Portugal), milk products (Germany, Spain, Italy and the United Kingdom), and olive oil (Spain, Italy, Portugal). Industrial goods are rarely used for fraud, with the exception of textiles. Customs offences receive the most frequent mention, with several reports dweling on frauds affecting the Community or international transits (Belgium, Spain, France and Italy).

The following case related to the European Community’s Transit System gives the idea of the way in which fraud against the budget of the European Union (EU) is committed. It is a fact that organized criminals are increasingly avoiding payment of customs duty by fraudulently exploiting the European Community’s Transit System. The procedure is the following: under the system the owner of goods is responsible for the payment of duty. However, the destination of some goods requires the freight forwarder to become responsible for the payment of customs duty instead of the owner. These goods are classified as Community Transit goods. All imported goods for consumption within the European Union are subject to customs duty. However, the EU does not require the payment of customs duty when the goods are classified as Community Transit goods, since they ordinarily originate outside the EU but always pass through one or several member states. The system allows a consignor to transport goods without repeatedly having to pay and reclaim customs duty with every country. When goods are transported, the EU requires a guarantee to cover any potential customs duty loss in cases where goods are thought to have been consumed within the member state country not designated as the final destination. The freight forwarder provides the garantee because he has legal possession of the goods and is responsible for duty and taxes.

 

Текст 3. ЛЕГАЛИЗАЦИЯ НЕЗАКОННЫХ ДОХОДОВ В ЕВРОПЕЙСКОМ СОЮЗЕ