English for Lawyers 4 Lecturer: Miljen Matijašević Session 4 e-mail: miljen.matijasevic@gmail.com Session 4

Today’s session Public International Law - Revision Extracts from a Convention

Public international law - Revision What are the sources of international law? Who are the subjects of international law? What does international legal personality entail? What is the key to determining the international personality of international organisations? What are some of the areas of international law? What is the hierarchy of the sources of international law? In the event of a conflict between national and international law, which one prevails?

International law instruments What is the relationship between the terms 'treaty' and 'convention'? Explain the following terms: adoption, signature, ratification, accession, reservation, entry into force Remember the five principles of international treaties: free consent good faith (bona fide) pacta sunt servanda rebus sic stantibus favor contractus

Extracts from a Convention Unit 21, Part Two

Extracts from a Convention Vienna Convention on the Law of Treaties (concluded: 1969, entered into force: 1980) Scan the extracts from the Convention (pp. 216-218) Look at its structure: what distinct parts of the text can you distinguish?

Extracts from a Convention The usual structure of a treaty: Title Preamble Operative part Date and signatures What are the important differences between the preamble and the operative part? Consider this both in terms of language and content!

Extracts from a Convention Read the preamble and prepare to do an oral translation. Read Articles 1 and 2 and prepare to do an oral translation

Extracts from a Convention (d) "Reservation" means … ; (e) "Negotiating State" means … ; (f) "Contracting State" means … ; (g) "Party" means … ; (h) "Third State" means … ; (i) "International organization" means … . 2. The provisions of paragraph 1 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State. Compose your own definitions of the above terms. Paraphrase paragraph 2 using plain English.

Extracts from a Convention (d) "Reservation" means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State; (e) "Negotiating State" means a State which took part in the drawing up and adoption of the text of the treaty; (f) "Contracting State" means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force; (g) "Party" means a State which has consented to be bound by the treaty and for which the treaty is in force; (h) "Third State" means a State not a party to the treaty; (i) "International organization" means an intergovernmental organization.

Extracts from a Convention Read Articles 31, 32, and 33 and prepare to summarize its contents

Thank you for your attention!