Unit 1 INTERNATIONAL LAW Section A Jurisdiction ALL This is a problem: to solve on territorial jurisdiction. A person stands near the border between two countries and j on the other side. Which state has jurisdiction over the case} Can you think of any similar cases? 2 ead the text below on the Territorial principle in jurisdict (ndiphte the muraber of the lines where you found the answer: Y- Can local law apply to temporary residents? Can international law grant exclusive jurisdiction to a st What are the provisions of the Criminal Justice Act of 199: committing legal offences with effects outside the UK? .. Why can conspiracies plotted outside the UK be prosecu| ‘Which were the principles according to which the USA tri operating in an international environment? .. What principle did the international community use in The territorial prin ‘This is the favoured basis for the exercise of state jurisdiction, Events occurring within a state's territorial boundaries and persons within that territory, albeit their presence is temporary, are as @ rule subject to the application of local law. 30 Criminal courts to where a UX. soil territory, An offence may nothowever, be entirely committed 35. “no rul within the territory of one state. A crime may be prohibit (0 commenced in one state and consummated in _areprese another. obedience The subjective territorial principle allows the England] exercise of jurisdiction in the state where acrime is 40 those act} commenced. nor is § 15 The objective territorial principle givesjurisdiction “in prect © to thestate in which the crime has been completed inhibit {and has effect ~ the forum of injury. justiciad| Both states may claim jurisdiction and both may do. 45 abroad 2. solegitimately. The one which will actually exercise commis: { 20 jurisdiction will most probably be the one which has therefore custody of the alleged offender. There is no rule of in Englay international law which gives state where a crime though is completed exclusive jurisdiction. The state in 50 in Englal $__ which the crime was initiated i, in other words, not_ More 5 restricted from exercising jurisdiction, Such a state _jurisdict may bring preparatory criminal acts within the ambit regulate ofits criminal law. See for example, inthe U.K.,the because ELP/6 res a gun thereby injuring a person i and answer the following questions. te where a crime is committed? in the UK with respect to individuals ed by an English Court? {d to regulate the afiairs of companies ‘der to limit American jurisdiction? ciple [Justice Act 1993 which permits English lexercise jurisdiction over specitic crimes particular aspect of the crime occurs on although the effects are felt outside U.K. |There is: of comity to prevent Parliament from ag under pain of punishment persons who it in the United Kingdom, and so owe local to our law, from doing physical acts in notwithstanding that the consequences of take effect outside the United Kingdom" re onything: lent, comity or good sense that should fhe common law from regarding as le in England inchoate crimes committed $ Jhich were intended to result in the ion of criminal offences in England; conspiracies abroad to commit offences td constituted offences in English law even § overt acts pursuant thereto took place ea Introversial has been the exercise of mn based on the effects principles so as to \e affairs of foreign nationals abroad, uch activities have an economic impact ‘ |Unit 4: INTERNATIONAL LAW Te place where the agreement is implemented. The response of those critical of the principle has resulted in the American courts modifying their OAS conel 80 1996 did nc the principle of extra-tervtoriality” Similarly, the ide that the U.S. Helms-Burton Act conform with the “applicable norms approach by introducing “reasonableness” and a of intenatiqnal law in respect of the exercise of balancing of the interests when considering the jurisdiction of States and its limits on such potential application of its jurisdiction, In 1996 exercise” President Clinton's administration was severel comity: custom whereby the courts of one country ad of another country in certain cases justiciable: capable of being disposed of judicially inchoate offences: offences ( such as incitement or at} a crime) which are offences even though the sub: been committed. conspiracy: agreeing with another person or other tort (=civil wrong). mnowledge and apply the laws Jempt or conspiracy to commit {tantive offence may not have yersons to commit a crime or (SSNocabatary Work A3.1 Look at the following sentences that have been removed from the 1 whether the word is a noun, an adjective, an adverb, a conjunction or 1. Such a state may bring preparatory criminal acts within the 2. There is no rule ... to prevent Parliament from prohibiting acts in England, notwithstanding that the consequences of United Kingdom. 3. Therefore conspiracies abroad to commit offences in Englan| law even though no overt acts pursuant thereto (thereto=fr} 4, There is nothing ...that should inhibit the common law from inchoate (=incipient) crimes committed abroad which commission of criminal offences in England Now find synonyms for these words in the box below: pxt. For each underlined word decide preposition. lambit of its criminal law. . persons... from doing physical hose acts take effect outside the constituted offences in English ym that) took place in England. legarding asjusticiable in England ere intended to result in the that can be brought to court relating (to) in spite of done in public he act of doing a crime range/scope ELPU7 255 in the regulating state. The most frequent 70 criticised for the D'Amato Bill which attempted * application of this principle which is essentially to impose| world-wide sanctions on foreign * an extension of the objective territorial principle companies making new investments of 26 milion ¢ has been by the United States for example, anti- pounds or fnore in oil or gas projects in Iran or ‘rust legislation, but certain European states have Libya, The Bill was targeted at these states as the invoked the principle and the European 75 alleged principal proponents of international ‘Communities have affirmed that what is relevant terorism. | The international community in the application of EEC competition rules is the condemned the legislation as a “clear violation ofUnit 4: INTERNATIONAL LAW A.3.2 Listen to the pronunciation of the following words and nlark the main stress in each of them: ocaurring albeit consummated commenced preparatory precedent. ‘inchoate constituted pursuant apliable justiciatile comity Now practise pronouncing the words with a partner. \worgean collocate with 1. to. ss jurisdiction (5.4 Bpsity Confused Words 7 WG iar of words given below are similar in spelling and prom BB) me word jurisdiction appears in several combinations iy the text above. Identify four verbs that the 0 ciation but different in meaning. Use a Alctionary to check their meaning and fill in the gaps with the cofrect word. 1. toown = toowe After what John did I believe he ... us all an apology. He was acting as if he ... the place. The shareholders ... the company. comity = committee The ... have decided to raise membership fees for next} ‘The president of the trade union was very pleased wh SoPN oop precedent- precedence The invasion of Panama set a dangerous .. oR y They did riot know whether there was a ... for it. . _allegation- allegiance He swore an oath of ... to the new president. ‘The prosecution used the previous ... that the accused committed. ©. Soldiers have to pledge ... to the flag of their country. ope 5. commission = commitment 2. He was impressed by the energy and ... shown by the 1 b. The government has appointed a.... of inquiry to overcrowding. ©. She has got several professional ... over the summer. a. The dealer takes a 20% ... on the sales he makes. ELP/e year. mn he saw the welcoming ... The rule of ... deferred the case to the jurisdiction of federal courts, The terms of the agreement are arranged in order of ...|. fas in the house when the crime was ustees. Jook into the problems of prisonUnit 4: INTERNATIONAL LAW A Grammar Focus - Relative Clauses Join the sentences below using relative pronouns. Decide where the proptoun can be omitted and remembe to use commas, where necessary, Refer to Part 1, Unit4 for a detailed discussion of relative clauses. e.g. He is the solicitor, My brother recommended him tq me. He is the solicitor (whom) my brother recommended. 1, The United Nations Security Council may authorise economic sanctions. Economic sanctions may be used in defined circumstances, 2, There is no international court with compulsory jurisdiction. Btates are not required to submit to compulsory jurisdiction. 3. The absence of a strong enforcement machinery is highlightel! by sceptics. Sceptics consider it a weakness of international law. 4, Two contemporary examples have been the subject of int¢mational regulations, The two contemporary examples are environment and human rights 5. Intemational regulations will only be effective if states respond by pursuing certain domestic policies. The principles of those domestic policies identify with prevailing international opizion. 6. Inthe event of no prevailing provision, a custom should be applied. The custom is accepted as legally binding 7. Opting out is available to the members of the international] community. Opting out is not available to individuals under national law. 8. Consuls represent their state in another state with the corfsent of the latter. Consuls are concerned with administrative issues, for example the issue bf visas. SectionB Diplomatic Immunity (Brrecavatry Work B.L.1 Look at the meanings of the following words and the contexts in which they are used: 1. To afford ~ to have enough time/money to do something e.g. Only the bigger companies can afford the enormots fees. — (formal) to provide something or allow something td happen e.g. The receiving state is under a duty to afford a high] level of protection to the diplomatic mission. To waive to give up e.g. He waived his claim to the estate. — to remove the conditions (of a rule) ¢.g. He waived the tuition fee. . To benefit (transitive) to bring advantages to someone or improve their lives e.g. This trade agreement will greatly benefit the develbping world. (+ preposition from/by something) to be helped by something €.g. Not all the staff of a foreign mission benefit from the same immunity rights. ELPIOrr Unit 4: INTERNATIONAL LAW B.1.2 Decide which of the verbs given in column A combine with the nouns given in column B. Remember that some of the verbs can combine with several nouns. A —— to afford asylum to benefit capacity to enjoy aim foe immunity ae individuals ans payment : privileges ina paeaeraten protection to waive somebody's functio1 somebody's dignity steps B.1.3 Now fill in the gaps in the sentences below with suitable cbllocations from those you have found: 1. Representatives from Greek city states used to ... for diplomatic reasons. 2. The receiving state must ... to prevent any attack on|the diplomatic agent, his freedom or dignity. 3. The purpose of diplomatic privileges and immunities|is not ... but to ensure the efficient performance of diplomatic missions as representatives of states. 4. Hamember of a diplomatic mission is declared persona}ion grata the sending state is required to recall the person concerned or .. >. An individual within an embassy will be ... only in exdeptional circumstances. (passive) B.2 Listening: A Lecture on Diplomatic Immunity B.2.1¥ou are going to listen tothe first part ofa talk on diplomatic immunity, As you listen decide which of the following ideas are presented ahd in what order. Read the list carefully before you listen a. Privileges of the diplomatic staff. b. The purpose of diplomatic immunity. © The basis and implied meaning of diplomatic relation. d.— Waiving of diplomatic immunity. €. The status of premises of diplomatic missions. Further rights and obligations of diplomatic agents. 8 Functions of diplomatic missions. ‘hh. Definition and short history of diplomatic immunity. i, Cessation of diplomatic relations, ELP/t0Unit 4: INTERNATIONAL LAW B.2.2 You are going to listen again to the first part of the lecture. Before you ‘words in the following sentences taken from the lecture 1... Which means that representatives of a foreign state are immune of the host state’s domestic law. isten, try to fill in the missing a......, the application 2. The customary law was codified in the Vienna Convention on Diplomatic Relations, which came into force in 1964 and which deals with the immunities of f Dssose in receiving states. 3. Diplomatic relations exist only by .......€....... Consent of states 4. The ......d....... of diplomatic relations may be used as an exph example that comes to my mind now is the ......€...... of rel Kingdom and Argentina aiter the Falkland Islands dispute in 198. 5. The consent, or as it also called, agrement, of the ......L.s... Stat proposed head of the mission. 6. This means that the .......g.......State may, at any time and witl the sending state that the head of the mission or any member of mission is +, ot, Well, that any other member of 1 unacceptable. 7. If this is the case, the sending state is required 10 ......dbsse U j...--. his functions at the mission. 8. Now, the ......K....... ofa diplomatic mission are inviolable. 9. Article 22 also provides that the premises of a mission, and their as well as the means of transport of the mission are immune attachment or execution. 10. The ......0....... and documents of the mission are .. and wherever they may be”. 11. However, you need to keep in mind that .. does jurisdiction. 12, .., and acts committed on mission premises are ao the t receiving state. ‘Now listen and check your predictions. B.2.3 As you listen to the second part of the lecture, take notes under the foll > Privileges and rights of the diplomatic staff > Waiving of diplomatic immunity Compare your notes with a partner and then listen again, if necessary. Then make a one-paragraph summary on one of these two topics. B.3 Topic for Discussion Read the paragraph below describing the attack on the U.S. Embassy in Iran and trying to guess the verdict ofthe International Court of Justice. Then compare your In 1979 there was a serious incident at the U.S. Embassy in Iran. demonstration, several hundred unofficial armed individuals took over! ‘Teheran. Mission archives and documents were seized and 52 American nf Iranian security personnel failed to prevent the attack. The case against put to the International Court of Justice by the U.S.A. ELI eign missions and foreign ession of disapproval (an lions between the United ) must be obtained for the out giving reasons, notify |the diplomatic staff of the staff of the mission is le person concerned or to 1.,.....and other property fom. Search, «1.0.2. quote again “at any time yt mean extra-territorial {rritorial jurisdiction of the wing headings: Ise these notes in order to liscuss the issue with a partner, bpinion with the rest ofthe class. nm November 4, during a [the Embassy Compound in tionals were held hostages. he Iranian government wasRy Unit 4: INTERNATIONAL LA Section _A Case For The Hague Court Power tends toc of K " Cl Consider the following questions and be prepared to contrib 1, What casts are generally brought before international 2. Can you give examples of cases judged by an internat 3. “What are the effects of large-scale international trials? 4. What is your opinion on the legitimacy of an internat C.2 You are going to read an article rom The Economist, April the first paragraph below and decide what the author's attitude j 1 IF HISTORY is made by men, and not just ineluctabi: claim a starring role. No single person has done as mi in the past dozen years, and no single person has. historical judgement. The verdict of history, however, 5 actions. They want, and deserve, justice. In itself, ti welcome though it is, will bring at best only partial just via — misuse of power, corruption and perhaps incit concern not much more than the epiphenomena of hi crimes that so many people want to see him answer 10 international court in The Hague. That is the court th: 3 Now read the whole article very carefully and decide what arg Milosevie's trial by the Hague Court and what counter-argumen given. Classify the arguments in the following table, You may find the following ideas useful: = charges Milosevic faces inside and outside Yugoslavia ~ the international perspective of Yugoslavian justice the concept of neutrality and objectivity = credibility of the Hague Court w rupt and absolute power corrupts absolutely Lord Acton (1834 - 1902), Historical Essays He 10 a general discussion: courts? ynal court? nal court? 7*h 2001, entitled Milosevie's trial. Read forces, then Slobodan Milosevic can ich to shape the history of the Balkans 'S Much to answer for in the court of s too remote for those affected by his arrest of Mr Milosevic last Sunday, ice. The charges he faces in Yugosla- ment of others to resist his arrest — rule. The graver accusations of war jppear on the charge sheet only of the t should try him next. iments the author uses in order to justify Tepresenting the Serbian perspective are one perspective) [nen ELP/t235 40 Unit 4: INTERNATIONAL LAW If HISTORY is made by men, and not just ineluctable forees, then Slobod: role. No single person has done as much to shape the history of the Balkay single person has as much to answer for in the court of historical judgement is too remote for those affected by his actions. They want, and deserve, j Milosevic last Sunday, welcome though itis, will bring at best only partial “Yugoslavia ~ misuse of power, corruption and perhaps incitement of otherg ‘much more than the epiphenomena of his rule, The graver accusations of} ‘want to see him answer appear on the charge sheet only of the intemations court that should try him next ‘Notall Yagoslavs agree. Vojislav Kosninica, the man who succeeded Mr Mil MILOSEVIC’S TRIAL ® Itshould be for war crimes, before the Hague court, whatever charges Je may also face in Yugoslavia jn Milosevic can claim a starring s in the past dozen years, and no ‘The verdict of history, however, stice. In itself, the arrest of Mr justice. The charges he faces in to resist his arrest - concern not ar crimes that so many people ‘court in The Hegue. That is the sevic as president of Yugoslavia, strongly opposes any suggestion that his predecessor should be sent to The Hague, and since he is a long- standing democrat in a not very democratic part of the world, his views says that the Hague court is a political affair, biased against Serbs, and of Serbia, he says, is politically fragile. It needs time to form its own democrd of law. It does not need chivvying from outsiders. Implicitly, he seems to sa with our tyrant our way” In truth, the Hague court looks remarkably unbiased. True, it has not pur part in the Kosovo campaign two years ago, but though the legality o questionable, few international lawyers believe that it merited war-crimes investigating possible atrocities committed by the Kosovo Liberation prosecuted both Croats and Muslims, as well as Serbs, for crimes in the ¢ like its counterpart for Rwanda, is emphatically not a victors’ court. It Council and its chief prosecutor, Carla Del Ponte, is a Swiss. In short, Mr believe Mr Milosevic would not get a fair trial The president's argument that the Yugoslavs should be left to deal with just as flawed. Yugoslavia is indeed a fragile polity. It has taken Ameri threat of withholding aid, to bring about the arrest of Mr Milosevic. So whether the Yugoslavs have the capacity, either political or judicial, no\ “Milosevic. That, however, is an argument for someone else doing it. ‘The worry is that, even if war-rimes charges were brought against Mr M there is still no sign of that happening ~ the trail would be inadequate. Th the ones that people outside Yugoslavia believe should be brought, and t present formidable difficulties. Meanwhile, Croats and Bosnian Muslims r co-operation with the Hague court was not being matched by the Serbs vulnerable to the criticism that it was pursuing small fry while the biggest Natural justice demands that those ultimately responsible should stand however unwillingly, at their behest. That, incidentally, suggests that Milan of Serbia, should also be sent to The Hague; like Mr Milosevic, he has killing 340 ethnic Albanians and expelling 740,000 others. But natural ju tial. Unless the history-makers are put in court and made to answer for tl establish not just who was responsible for what, but how it all came about ELP/M3 jeserve a hearing. Mr Kostunica dubious legitimacy. Moreover, tic habits and establish the court “Leave us alone jued any NATO leaders for their NATO’s action always looked charges. The court is, however, ‘my. And it has successfully {lier Bosnian wer. The tribunal, as set up by the UN Security ‘ostunica has no good reason to fr Milosevic in their own way is an prodding, coupled with the ere is every reason to wonder to mount 2 proper trial of Mr llosevic by the Yugoslavs ~ and charges would probably not be fe protection of witnesses would ight reasonably object that their ‘And the court itself would be {fish had escaped it. frial for any crimes committed, ilutinovic, the current president een charged by the court with tice is not the only reason for a ir ations, it will be difficult toUnit 4: INTERNATIONAL Lf And the water in which the big fish swim = _Atpresent most Serb, forall their welcome readiness to seek $ _ a5 victims and remain unwilling o confront theit compli $45. enormities of the 1990s were not the work of one man al {Balkans are ever to achieve eny kind of harmony, Serbia ® denazfication that took place in Germany after the second honesty their part in the horrors, After al, ic was only last Sep support to the man so many now revi. A trial is certainly n hope that history will never be repeated. But it must be a tial ~»- laws [are like] cobwebs; where the sm [are caught], and the great break through, Francis Bacon, (1561 - 1626), Ap. C.4 Vocabulary Work. C.4.1 How do you understand the following statements based on History is not made just by ineluctable forces. (line1) ‘The Hague court is biased against Serbs. (line 13) Serbia does not need chivvying from outsiders. (line 15) The president’s argument ... is just as flawed. (line 26) Yugoslavia is indeed a fragile polity. (line 26) It has taken American prodding, coupled with the threa the arrest of Mr Milosevic. (line 26) The court would be vulnerable fish had escaped it. (line 35) 4.2 The collocations given in the legal vocabulary box below pairs, write a paragraph (not necessarily connected to the article), as you can, When you have finished, exchange paragraphs with a more democratic future, still see themselves in Mr Miflosevic’s appalling rule. Yet the ine, however great his responsibility. Ifthe weeds to go through something akin to the lorld war, and Serbs need to recognise, with emer that two Serb voters in five gave their feded, for the sake both of justice and of the before the Hague court. all fies thegms the article of withholding aid, to bring about to the criticism that it was pursuing small fry, while the biggest cur in the article you have just read. In rying to include as many of these phrases iother pair. to bring justice to face charges to mount a trial to answer for one’s actions to stand trial (for crimes committed) to bring charges (against somebody) to to to ist arrest iswer accusations t a fair trial to put somebody in court ELP ite iliacUnit 4: INTERNATIONAL LAW C.5 Grammar Focus C.5.1 Consider the author's use of emphatic language. What emphatic article? Why does the author use them? Study the grammar box below illustrating a few ways in which ideas Ways of Expressing Emphasis + using words such as fact, rule, solution, point, truth, eg. The fact is that they could not come to an agreem: The solution was to give up the original plan. pnstructions can you identify in the in be emphasised in writing: rorry followed by is /was nt. + Beginning the sentence with it is / it was followed by the emphasised word(s) and a relative clause e.g. It was the president who announced the new regulati Starting the sentence with what eg. What caused the discussions was her attitude. ns. beginning the sentence with a negative word or one festrictive in meaning and reversing the subject ~ auxiliary order e.g. Never has he considered such an argument. Not before the case is brought to court will it be responsible for what. placing words to the front of the sentence eg. Who she was do not know. Out they went. ossible to establish who was Rephrase the following sentences by emphasising the underlined part, possible: e.g. The new law caused a lot of debates. What caused a lot of debates was the new law. It was the new law that caused a lot of debates. ‘The fact/truth is that the new law caused a lot of debates. Consuls are concerned with administrative issues rather than The two states concerned must agree on the establishment o} ‘This traditional approach has never been challenged or reject An international tribunal was not established at The Hague t. ye yer International law lays down no definition of nationality, as| exclusively a matter of domestic law. ‘The Law Commission concluded that the existing criminal such cases. ELP/t5 se different techniques, whenever lwith political affairs. diplomatic relations 1d by developing countries. settle claims until 1981 ithe granting of nationality is Iw was adequate to deal withUnit 4: INTERNATIONAL LAW C.5.2 Expressing Concession Lookat the following examples taken from the article above and note th With a partner, decide which of the sentences refer toa hypothetical sit swords / phrases used to express concession. tation and which to a real one: a. It should be for war crimes, before the Hague court, wHatever charges he may also face in ‘Yugoslavia b. Initself, the arrest of Mr Milosevic last Sunday, welcome| though it is, will bring at best only partial justice. c. At present most Serbs, for all their welcome readiness t see themselves as victims.. Together with your partner put down other words / phrases / structu ‘Then compare your list with the information in the grammar box| Sentences expressing concession can be introduced by: even if, even though, for all, in spite of, despite, ht whatever (known as wh-ever compounds), adjective They express: "the circumstances which prevent the action/state in 1 * if two circumstances are in contrast, it means that on| view of the other the meaning of ‘contrary to expectations’ Here are some other examples. Read them carefully, payi Although/even though he was tired, he kept on wa In spite of/Despite her illness, she attended the me: Despite/In spite of being ill, she attended the meet She was tired, yet/but she went on reading. However hard he may work, he will never be prom| Hard as he may work, I don’t think he will get a pro: For all his hard work, he’s unlikely to win. ‘Much as I would like to help, I have other work to d Moye e ye i Now join the following pairs of sentences, in such a way as to expre given in the grammar box. 1. The FBI found encrypted files on the laptop computer o} never pressed charges. 2. Astate is free to determine for itself who are to be deeme grant of nationality challenged when it attempts to raise 3. The primary objective of the United Nations is to maintal This objective is to be achieved under any condition spe ELP/16 seek amore democratic future, still es that can be used to express concession. hough, although, albeit, but, wever, whoever, whichever, dverb + as, etc. 1¢ main clause from taking place is surprising or unexpected in the meaning of ‘any condition’ (introduced by wh-ever compounds) i attention to their organisation: king. ing. ig: ted to a top position, otion. 3S conicession. Use any of the connectors a well-known public figure. They il its nationals. A state may have its claim against another state, in international peace and security. ified by the Charter.Unit 4: INTERNATIONAL LAW 4, The international community has more recently focu environment issues. This is in contrast to the traditional apy attributed to the state deemed to have caused the harm, The Charter assigns the UN the role of promoting higher st and economic and social progress as its specific role. To the revolves around peace-keeping 6. Organised crime has continued to increase. Governments C.6 Features of an Argumentative Text In the article that you have read, the author argues in favour of Milos court, trying to give the impression of an objective, impartial position. int reinforcing his views? Look at the following clues: presenting arguments and counter-arguments; problemati making recourse to general truths and high principles "paragraph construction (topic sentences, arguments an paragraph) strong emphatic constructions and words C.7 Writing an Argumentative Paragraph Work with a colleague and choose an idea related to the topic of the a Write one or two emphatic paragraphs — the first part giving your ar second presenting the possible counter-argumients. Remember the strat ‘and use any emphatic constructions you consider appropriate. Present your paragraph to the class. epi sed on preventive measures in proach whereby responsibility was Indards of living, full employment eneral public, the work of the UN we fighting it very hard vic being judged by an international in you identify the author's strategies ‘ing the opponent's arguments counter-arguments inside each ticle that you strongly support luments in favour of the idea and the egies used by the author of the article