1. English for Lawyers 3 Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
Session 7

2. Today’s session Revision of the previous session
The Legal Character of International Law

3. Revision of the last session
Wills and Inheritance

4. Translate into English
nasljednik
oporučitelj
umrijeti bez oporuke
izvršitelj oporuke
sudska ovjera oporuke
oporučni dar
nužni nasljednik

5. Translate into English
nasljednik – beneficiary, legatee
oporučitelj – testator
umrijeti bez oporuke – to die intestate
izvršitelj oporuke – executor of the will
sudska ovjera oporuke – probate
oporučni dar – devise, bequest, legacy
nužni nasljednik – forced heir

6. Answer the questions What are the legal requirements for a valid will?
What can a testator’s estate consist of?
Is the family of the deceased guaranteed a part of the estate?
What tasks must the executors carry out upon the testator’s death?
What must be submitted to the court to obtain probate?
What happens in the case of intestacy?

7. Translate into English
Ovim dodatkom oporuci opozivaju se sve moje prethodno sastavljene oporuke.
Svojoj kćeri Elise ostavljam novčanu ostavštinu u iznosu od 1200 funti.
Svoju suprugu Danu Russell i svog odvjetnika Roberta Croydona imenujem izvršiteljima ove oporuke.
Ukupni ostatak svojih nekretnina i osobne imovine ostavljam supruzi koju budem imao u vrijeme svoje smrti.

8. Translate into English
This codicil revokes all my previous wills.
To my daughter, Elise, I bequeath a pecuniary bequest of 1,200 pounds.
I appoint my wife, Dana Russell, and my solicitor, Robert Croydon, to be the executors of this will.
I bequeath all the residue of my real and personal estate to my spouse at the time of my death.

9. The Legal Character of International Law
Unit 25

10. International law public international law supranational law
private international law
(a.k.a. conflict of laws)

11. International law SUPRANATIONAL LAW e.g. law of the European Union
regional law binding on member states
PRIVATE INTERNATIONAL LAW
addresses conflicts of jurisdiction in cases concerning individuals or businesses from different sovereign states

12. Public international law
the body of laws, rules or legal principles governing relations between states (but also international organisations and, sometimes, individuals)

13. International law
Think of the differences between NATIONAL, SUPRANATION and INTERNATIONAL law in terms of enactment and enforcement.
What are the areas which should be regulated by international law?

14. Public international law
includes areas such as:
air law
space law
maritime law
diplomatic relations
human rights law
law of armed conflict
international environmental law
international trade law

15. Public international law
first emerged after the First World War, with the establishing of the League of the Nations
laid down by international organisations (e.g. the United Nations) and subject-oriented organisations (UNESCO, WHO, FAO, etc.)

16. Sources of public international law
international treaties and conventions
custom
general legal principles recognized by civilized nations

17. Codification of international law
UN’s International Law Commission
main task – codification of international law
works mainly at requests by the UN General Assembly

18. Sources of public international law
SUBSIDIARY SOURCES
judicial decisions (case law)
teachings and doctrines

19. Public international law
TREATY
‘an international agreement concluded between States in written form and governed by international law...’*
*from the Vienna Convention on the Law of Treaties (1969)
CONVENTION
usually adopted by international organisations
take various forms (conventions, charters, protocols, etc.)

20. International treaties
ADOPTION
formal agreement on the form and content of the text of a proposed treaty
SIGNATURE
signing of the treaty by the representatives of the negotiating states, of expressing consent of a state to be bound by a treaty, or an expression of provisional consent subject to ratification, acceptance, or approval
(verbs: to adopt, to sign a treaty)

21. International treaties
RATIFICATION
the definite consent of a state to be bound by the treaty
acceptance into national law, typically done by national legislatures
ENTRY INTO FORCE
the beginning of the period of the binding force of a treaty
(verbs: to ratify a treaty, to enter into force)

22. International treaties
ACCESSION
is the formal acceptance of a treaty by a state which did not take part in negotiating and signing it (verb: to accede to a treaty)
RESERVATION
a unilateral statement made by a state when signing, ratifying, or acceding to a treaty, by which it means to exclude or to modify the legal effect of certain provisions of the treaty in their application to that state

23. International treaties
principles governing international treaties used to be part of customary law
codified in the Vienna Convention on the Law of Treaties (1969, EIF: 1980)
lays down five major principles governing international treaties

24. International Treaties
the five principles:
free consent
good faith (bona fide)
pacta sunt servanda
rebus sic stantibus
favor contractus

25. International Treaties
FREE CONSENT
parties enter IA by free consent
IA cannot create obligations on third parties
GOOD FAITH
acting in good faith, with the best intentions
PACTA SUNT SERVANDA
treaties are binding upon the parties
internal (national) law cannot be justification for breach of a treaty

26. International Treaties
REBUS SIC STANTIBUS
extraordinary circumstances may lead to the termination of a treaty
e.g. a severe breach, disappearance or change of circumstances
FAVOR CONTRACTUS
preference for the maintenance rather than termination of a treaty
better to conclude a treaty than abandon for formal reasons

27. Customary law
stems from a pattern of state practice motivated by a sense of legal right or obligation
pertains to: diplomatic correspondence, national legislation, legal opinions, evidence given before courts and tribunals, parliamentary debates etc. 

28. Customary law principles of custom can be CODIFIED
e.g. the law of war, codified in the Geneva Conventions
the law of treaties – Vienna Convention

29. General legal principles
some common principles:
estoppel – prevents the denying of statements issued and facts agreed to be true
responsibility for the reparation for damage
responsibility of a state for acts of its agents

30. International Court of Justice (ICJ)
primary judicial organ of the United Nations
established in 1945 by the UN Charter
situated in The Hague, Netherlands

31. International Court of Justice (ICJ)
jurisdiction over treaties and conventions in force
decides on contentious issues as submitted by states
also issues advisory opinions to UN bodies and agencies

32. International Court of Justice (ICJ)
composed of 15 judges – 5 from Western countries, 3 from African countries, 2 for Eastern European states, 3 for Asian states, 2 for Latin America and the Carribean
5 judges are from UN Security Council permanent member states
ad hoc judges may be appointed for particular cases (usually from the applicant and/or respondent states)

33. International Court of Justice (ICJ)
applicant state files an application
respondent state may or may not agree to take part
if both agree, the Court deliberates and issues a decision
decision binding and final (no appeal)
enforcement measures for non-compliance within the competence of the Security Council (usually not used)

34. Language work

35. Complete with prepositions by – in – on – to - under
Parties ___ a treaty are the States of the International Organisations which have consented to be bound ___ the treaty and for which the treaty is ___ force.
By becoming a signatory ___ the convention with 172 other countries, Russia is taking an important step to facilitate environmental legislation.
___ the Convention on the Rights of the Child, persons under the age of 18 are entitled ___ special protection.
International laws apply ___ the citizens of all signatory nations.
The Council of Ministers of the East African Community is a policy organ whose decisions, directives and regulations are binding ___ Partner States.

36. Complete with prepositions by – in – on – to - under
Parties TO a treaty are the States of the International Organisations which have consented to be bound BY the treaty and for which the treaty is IN force.
By becoming a signatory TO the convention with 172 other countries, Russia is taking an important step to facilitate environmental legislation.
UNDER the Convention on the Rights of the Child, persons under the age of 18 are entitled TO special protection.
International laws apply TO the citizens of all signatory nations.
The Council of Ministers of the East African Community is a policy organ whose decisions, directives and regulations are binding ON Partner States.

37. Thank you for your attention!