Unit 6. International law

TEXT 11

Прочитайте текст и расставьте заголовки к абзацам текста 1-4.

a) Acting together with national governments.

b) Main principles of existence.

c) Division into disciplines covers different legal aspects.

d) Factor of great influence.

INTERNATIONAL LAW AS A SUPRANATIONAL

LEGAL SYSTEM

The problematic question if the international law can be considered a modern supranational legal system or it is only the law of international community has been the topic of discussion during the last decades on different prominent legal levels. On the one hand, it has all the features of a newly made international legal system, on the other hand, it doesn’t have the important norm of law – binding execution of adopted laws by all nations. This text is based on the first point of view.

1)_________________

International Law is a newly made legal system. The law of the international community, or the body of customary rules and treaties, (1) governs accepted as legally binding by states in their relations with each other. International law differs from other legal systems as it primarily concerns sovereign political entities. There are three separate disciplines of international law:

a) public international law, which governs the relationship between provinces and international entities and includes treaty law, law of the sea, international criminal law, and international humanitarian law;

b) private international law, which addresses legal jurisdiction;

c) and supranational law - a legal framework where countries (2) are bound by regional agreements in which the laws of the member countries (3) are not applicable when in conflict with supranational laws. At present the European Union is the only entity under a supranational legal system.

2)____________________

Modern international law developed alongside the emergence and growth of the European nation-states beginning in the early 16th century. Other factors that influenced the development of international law included (4) the revival of legal studies, the growth of international trade, and the practice of exchanging emissaries and establishing legations. The sources of International law are set out in Article 38-1 of the Statute of the International Court of Justice within the UN Charter.

3)___________________

European Union Law - a sub-discipline of international law known as "supranational law" in which the rights of sovereign nations (5)are limited in relation to one another. Also referred to as the Law of the European Union or Community Law, it is (6) the unique and complex legal system that operates in tandem with the laws of the 27 member states of the European Union (EU). Similar to federal states, the EU legal system ensures compliance from the member states (7) because of the Union's decentralized political nature.

4)_____________________

The European Court of Justice (ECJ), established in 1952 by the Treaty of Paris, has been largely responsible for the development of EU law. Fundamental principles of European Union law include: subsidiary - the notion that issues be handled by the smallest, lowest, or least centralized competent authority; proportionality - the EU may only act to the extent needed to achieve its objectives; conferral - the EU is a union of member states, and all its authorities are voluntarily granted by its members; legal certainty - requires that legal rules be clear and precise; and precautionary principle - a moral and political principle stating that if an action or policy might (8)cause severe or irreversible harm to the public or to the environment, in the absence of a scientific consensus that harm would not ensue, (9) the burden of proof falls on those who would advocate taking the action.

Date: 2015-08-24; view: 384; Нарушение авторских прав