English for Lawyers 3 Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic@gmail.com Session 8

Today’s session Revision of the last session The United Nations Translation practice

Revision of the last session The Legal Character of International Law

Answer the questions What are some of the areas that public international law regulates? What are the primary sources of PIL? What is the difference between a treaty and a convention? What does it mean to: adopt, sign, ratify, and accede to a treaty? What do you know about the principles concerning the conclusion of treaties from the Vienna Convention? What do you know about the composition and jurisdiction of the International Court of Justice?

The United Nations Unit 26

The United Nations international organisation facilitating co- operation in international law, prevention of war, promoting human rights, economic and social development, social progress and world peace founded on 24 October 1945 with the ratification of the Charter of the United Nations, signed at the UN Conference in Internation Organization in San Francisco (June 1945)

The United Nations - origins The League of Nations founded immediately after WW1 headquarters: Geneva, Switzerland main aim – to prevent another world war in addition: promoted social and economic progress, global health, suppression of drug and human trafficking

The United Nations - origins The League of Nations had no military forces, used arbitration and negotiation instead at its peak had 58 member countries (the USA never a member) disintegrated as WW2 started

The United Nations 193 member states (nearly all sovereign nations of the world) headquarters: New York City, NY, USA offices also in Geneva, Vienna, Nairobi

The Aims of the United Nations to keep peace throughout the world to develop friendly relations between nations to work together to help people live better lives, to eliminate poverty, disease and illiteracy in the world, to stop environmental destruction and to encourage respect for each other's rights and freedoms to be a centre for helping nations achieve these aims 2000 United Nations Publications

The Principles of the United Nations all Member States have sovereign equality all Member States must obey the Charter countries must try to settle their differences by peaceful means countries must avoid using force or threatening to use force the UN may not interfere in the domestic affairs of any country countries should try to assist the United Nations 2000 United Nations Publications

The United Nations six official languages: English French Arabic Chinese Russian Spanish

The United Nations consists of six principal organs: General Assembly Security Council Economic and Social Council Secretariat International Court of Justice (in The Hague) Trusteeship Council (inactive) also: specialised institutions

The United Nations specialised agencies: World Health Organisation (WHO) Food and Agriculture Organisation (FAO) World Bank United Nations Educational, Scientific and Cultural Organization (UNESCO) International Monetary Fund (IMF) UN’s Children Fund (UNICEF) etc.

The United Nations General Assembly

The United Nations General Assembly main deliberative, policymaking and representative body of the UN a forum of multilateral discussion under the Charter meets in yearly sessions (Sep-Dec) one state – one vote resolutions of the UN not binding on the members, except budgetary matters

The United Nations Security Council

The United Nations Security Council body in charge of maintaining world peace and security five permanent members: China, France, Russia, the UK and the USA (veto power) ten non-permanent members (voted for two- year terms) power to issue binding decisions that Member States have agreed to abide by in the Charter

The United Nations Economic and Social Council (ECOSOC) promotes intrenational economic and social co-operation and development has 54 members voted by the General Council for a three-year term meets once a year co-ordinates special bodies meets with representatives of IMF and WB

The United Nations Secretariat carries out day-to-day work of the organisation provides services for UN bodies carries out studies, gathers information implements programmes and policies (e.g. peacekeeping operations) helps resolve international disputes organises conferences translates documents acts as a PR for the UN

The United Nations Secretariat headed by Secretary-General currently: Ban Ki-moon (took over from Kofi Annan in 2007) chief officer of the UN can draw the attention of the Security Council to “any matter which in his opinion may threaten the maintenance of international peace and security”, under the UN Charter

The United Nations not a homogenous body usually slow decision-making process, particularly in the area of peacekeeping and international relations long time to achieve consensus both global and national interests considered treaties often abided by owing to pressure from the media and the public

Translation practice Statute of the International Court of Justice

Translation practice Read and translate the following excerpts from the Statute of the International Court of Justice, which forms a constituent part of the Charter of the United Nations.

Chapter II – Competence of the Court Article 36 1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. 2. The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning: a. the interpretation of a treaty; b. any question of international law; c. the existence of any fact which, if established, would constitute a breach of an international obligation; d. the nature or extent of the reparation to be made for the breach of an international obligation. (…)

Chapter II – Competence of the Court Article 38 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto. Article 59 The decision of the Court has no binding force except between the parties and in respect of that particular case.

Thank you for your attention!