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ENGLISH FOR LAW STUDENTS 4 YEAR PART 1 4 1


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2009

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MODULE 1
LESSON 1

FAMILY LAW
MARRIAGE

A. READING Task 1. Read the text, pay attention to the words in bold, try to learn them. KEY VOCABULARY cohabitation - , undermine - give pre-eminence to - pre-marital agreements - tripartite arrangement - dissolution of marriage - affinity to lift the restrictions - Article 12 European Convention for the Protection of Human Rights 'Men and women of marriageable age have the right to marry and to found a family according to the national laws governing the exercise of this right.' Marriage Today Marriage today must be seen against a background of increasing cohabitation. Many couples choose to live together rather than marry. As a result, marriage is on the decline. There are also other trends. Many marriages are second marriages. The age at which people marry for the first time has risen. Many marriages break down and end in divorce. Concern about the institution of marriage being undermined is sometimes raised when law reform is discussed, whether it be about the introduction of more liberal divorce laws, reform of cohabitants' property rights, or reforms giving greater pre-eminence to pre-marital agreements. The government supports the institution of marriage because it believes that marriage creates stability in society and is the best environment in which to bring up children. Marriage is not a contract which can be created and terminated at the will of the parties. It is a tripartite arrangement in which the State has an interest. For this reason, there are legal rules governing the creation of a marriage and legal rules governing the dissolution of marriage. Marriage gives the parties various rights, obligations and privileges. Contracting a Valid Marriage - Capacity to Marry

5 To contract a valid marriage the parties must have the capacity to marry and must comply with certain legal formalities relating to the creation of the marriage, otherwise the marriage may be void. Section 11 Matrimonial Causes Act (MCA) 1973 provides that the parties have capacity to marry if: they are not within the prohibited degrees of relationship; they are both over the age of 16; neither of them is already married; and one of them is male and the other female. A marriage is void if the parties are within what are called the prohibited degrees of relationship. Marriages between certain relatives related by blood or by marriage (affinity) are prohibited by the Marriage Act 1949, as amended by the Marriage (Prohibited Degrees of Relationship) Act 1986. There are fewer restrictions on relationships created by marriage, and the government plans to lift the current restrictions in respect of 'in-law marriages'. A person is prohibited from marrying the following blood relatives: parent; grandparent; child; grandchild; brother or sister; uncle or aunt; nephew or niece. There are fewer restrictions on marrying a relative who is not a blood relative but where the relationship is created by marriage. Thus a person can marry his or her: step-child; step-parent; step-grandparent; or parent-in-law. However, certain restrictions exist. A person cannot marry a step-child unless both parties are aged 21 or over, and the step-child was not at any time before the age of 18 brought up by that person as a step-child. An adopted child is in the same degrees of prohibited relationships in respect of his or her birth parents, but fewer restrictions apply to a relationship acquired by adoption (e.g. a person can marry an adopted brother or sister). B. COMPREHENSION Task 2. Understanding key issues. Answer the following questions. 1. Why do many couples choose to live together rather than marry? 2. How can you explain the fact that the age at which people marry for the first time has risen? 3. Why is marriage called a tripartite arrangement? 4. What can make the marriage void? 5. What are the restrictions in respect of marrying blood relatives? 6. Do you agree with the opinions that a) marriage creates stability in society. b) marriage is the best environment to bring up children.

6 Task 3. Match the following paragraphs (1-4) with the suitable headings (A-E). There is one extra heading which you do not need to use. A. Civil Preliminaries for Marriages (Other Than Church of England Marriages) B. Not already married C. Respectively male and female D. Contracting a Valid Marriage - Preliminary Formalities E. Formalities in respect of the marriage ceremony 1. A party to a marriage must not be already married, otherwise the marriage is void. Marriage is 'the voluntary union for life of one man and one woman to the exclusion of all others' A spouse who remarries without an earlier marriage being terminated may commit the crime of bigamy. Even if the parties reasonably believe that the other party is dead, the marriage is still void, and even if the spouse subsequently dies, the later marriage remains void. Where a spouse has disappeared and/or is thought to be dead, the other spouse can apply for a decree of presumption of death and dissolution of marriage, which, if granted, prevents the second marriage being bigamous even if the first spouse reappears. 2. The parties to a marriage must be respectively male and female, otherwise the marriage is void. Same-sex marriages are not permitted in the UK, but same-sex partners can enter into a registered civil partnership. There have also been changes to the law governing the rights of transsexuals to marry. 3. In addition to having capacity to marry, the parties must satisfy certain formalities before the marriage can take place. The aim of these preliminary formalities is to establish that the required consents have been given and that there are no lawful impediments to the marriage taking place. The marriage ceremony must also comply with certain formalities, and the marriage must be registered. Two systems of preliminaries exist: one for Church of England marriages; and one for all other marriages. 4. All marriages, other than Church of England marriages, must be preceded by preliminary formalities for which superintendent registrar of the relevant district is responsible under the Registration Act 1953. A marriage can be solemnised after the grant of: (i) a superintendent registrar's certificate; or (ii) a Registrar-General's licence. C. TRANSLATION Task 4. Translate the following text in writing:

7 Over the Age of 16 A marriage is void if either party to the marriage is under the age of 16. The Marriage Act 1949, as amended, requires that where a party to a marriage is aged 16 or 17, consent to the marriage must be given by : parents with parental responsibility; special guardians; any person with whom the child lives under a residence order (in substitution for parental or guardian consent); a local authority if the child is in care (in addition to parental and guardian consent); and, if a residence order is no longer in force, but was in force immediately before the child reached 16, the consent of the person(s) with whom the child lived under that order. If the child is a ward of court, the court's consent is also required. Where a person whose consent is needed is absent or inaccessible or suffers from a disability, consent can be dispensed with. If a person refuses to give consent, the court can give consent .If a marriage is solemnised without consent, it will nevertheless be valid. A Superintendent Registrar's Certificate Both parties must give notice of the marriage in prescribed form to the superintendent registrar in the district (or districts) in which each of them has resided for at least the previous seven days (s.27(l) MA 1949, as amended). Both parties must attend the register office in person to give notice. A fee must be paid. The notice must be accompanied by a solemn declaration that there are no lawful impediments to the marriage, that the residence requirements have been satisfied and that the required consents have been given. Notice of the marriage is entered in a marriage notice book, and notice is publicly displayed in the register office. D. DISCUSSION Task 5. Study the following information and discuss the cases from the book Family Law by Jonathan Herring. Pay special attention to legal principles. Task 6. Work in groups. Think of your own cases which may relate to marrying for bad reasons and mental capacity to marry. Discuss them with your groupmates. 1. Marrying for bad reasons. The law does not enquire as to why people are marrying. There is no legal requirement for them to be in love, for example. In New Zealand the courts upheld the marriage of two students who got married simply so that they could get better student grants and loans. As the following case illustrates, the

8 English and Welsh courts will be unwilling to bar people legally entitled to marry from doing so because they are acting for questionable motives. Case Facts: A man was facing trial for murder. He and the woman who was to be the chief prosecution witness sought to marry. Under the law of evidence a wife cannot be compelled to give evidence against her husband (except in certain unusual circumstances). The Crown Prosecution Service sought an order that the Registrar General of Births, Marriages and Deaths should not issue a marriage certificate on the ground of public policy. Legal principle: It was held that the Registrar General did not have the power to stop two people from marrying on the basis of public policy. The Human Rights Act 1998 protected the right to marry and that did not depend on a person having a good reason to marry. 2. Mental capacity to marry. The law here has a delicate balance to strike. On the one hand, if the requirement of mental capacity is too high, it will mean people with mild learning difficulties will not be able to marry. On the other hand, set it too low and people with mental problems may be taken advantage of. The following case raised the issue well. Case Facts: A local authority became concerned about a young woman who was 21 years old, but who had a variety of problems and functioned as a 13-yearold. She had befriended an older man who had a history of committing sexually violent crimes. They planned to marry. The local authority sought guidance on the degree of capacity required of her to be able to marry. Legal principle: It was presumed that a person had a capacity to marry. To have the capacity to marry an individual had to understand the nature of marriage and the duties and responsibilities that flowed from it. These included that the man and woman agreed to live together; to love one another to the exclusion of all others in a relationship of mutual and reciprocal obligation; to share a common home and domestic life, and to enjoy each others society, comfort and assistance. This was not meant to set the hurdle of capacity at a high level and to understand these things did not require a high degree of intelligence. The question of capacity to marry was different from the question of whether the person was wise to marry this person. Nor did capacity to marry require that the individual was aware of the characteristics of their proposed spouse.

LESSON 2

THE LEGAL CONSEQUENCES OF MARRIAGE

A. READING Task 1. Read the text, pay attention to the words in bold, try to learn them. KEY VOCABULARY financial provision - lump sum - motion - spouse - () maintenance - , , consent order - conclusive - , , revoke - preclude - , Separate legal personalities Marriage creates a legal status from which various rights and duties flow. Husbands and wives have separate legal personalities. They can own property solely (or jointly) and can bring proceedings in tort and contract separately against each other or against third parties. They can also enter into contracts with each other. As husbands and wives have separate personalities, they can make unilateral decisions about their own medical treatment. This includes the right of a woman to decide to abort their child. Financial Obligations Husbands and wives have a mutual duty to provide each other with financial support. Where one of them fails to do so, the other can apply for financial provision in the courts. Applications during marriage, however, are rare, because a failure to provide financial support is likely to result in divorce, when any dispute about finance and property can be settled by the court. Financial Provision in the Magistrates' Court Under the Domestic Proceedings and Magistrates' Courts Act 1978 the magistrates' family proceedings court can make periodical payments and lump sum orders on the application of a spouse (or of its own motion) if the respondent spouse: has failed to provide reasonable maintenance for the applicant; or has failed to provide, or to make proper contribution towards, reasonable maintenance for any child of the family; or has behaved in such a way that the applicant spouse cannot reasonably be expected to live with the

10 respondent; or has deserted the applicant. Orders can be made in favour of the applicant or to or for the benefit of a child, but most child maintenance cases are now dealt with by the Child Support Agency. When considering whether to make an order and, if so, in what manner, the magistrates must have regard to all the circumstances of the case (including certain specified matters), but with first consideration being given to the welfare of any child of the family . The court must not dismiss the application or make a final order, however, until it has considered whether it should exercise any of its powers under the Children Act 1989.The magistrates have the power to make consent orders, and can also make periodical payments orders where the parties have been living apart by agreement and one of the parties has been making periodical payments . Orders can be varied or revoked. Agreements about Maintenance Married couples can enter into their own agreements about maintenance, but an agreement cannot be conclusive, as the court has the power to vary or revoke the terms of an agreement and can insert new terms. Also, any provision in an agreement prohibiting the right of one of the parties to apply to the court for an order for financial provision is void. Private maintenance agreements are not precluded by the child support legislation, but any provision in an agreement restricting the right of a person to apply to the Child Support Agency is void. B. COMPREHENSION Task 2. Understanding key issues. Answer the following questions. 1. What does the term separate legal personalities mean? 2. What are husbands and wives financial obligations? 3. What body deals with child maintenance cases? 4. What are the duties of the magistrates' family proceedings court? 5. What agreements can be made by couples about maintenance? 6. Is Russian legislation similar to British in respect to the legal consequences of marriage? Speak about legal personalities, financial obligations, maintenance. C. GRAMMAR REVISION Task 3. Complete the following article by writing each missing relative pronoun or adverb in the space provided. Use only one word for each space.

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Jack of Hearts
Jack of Hearts is a new six-part drama series (0) which/that comes to our screens this week. It has been given the prime Wednesday evening 9.30 slot, (1). shows that the network has faith in its latest creation. The first episode opens to a scene (2) a young man is being chased. He stops at a phone box and makes a desperate call. This call wakes up a man (3) most viewers will recognize as Keith Allen - the slightly sleazy unshaven Cockney (4) characters are usually less than wholesome. This time, however, he is on the right side of the law, paying a probation officer with a complicated professional and personal life, both of (5)form the main themes of the series. The writers have managed to find a different angle on his personal problems. At the centre of these problems is his stepdaughter, for (6)he attempts to keep the household together. His relationship with the girls mother, (7) seems to be a bad-tempered, grumpy woman, is further compromised later in the series (8) she joins the staff of a college at (9) she meets a former lover. Thus the ground is prepared in this first episode for a series (10) may help to lift British summertime TV out of its regular slump. D. TRANSLATION Task 4. Translate the following texts in writing: The Criminal Law For the purposes of giving evidence, the spouse of the accused is a competent witness for the prosecution, the accused and any co-accused, except where the spouses are jointly charged, when neither is competent to give evidence for the prosecution if either of them is liable to be convicted). A person has the right to refuse to give evidence against a spouse except where the spouse is charged with personal violence against the other spouse or against a child under 16, or a sexual offence against a child under 16. Property Rights As married persons have separate personalities, each spouse may own property solely or jointly. During marriage, the rules governing property ownership are generally the same for married couples as they are for other persons, although there are some statutory provisions which apply only to spouses. The position is different, however, on divorce. Married persons, unlike cohabitants, also enjoy statutory rights of occupation of the family home. When a spouse dies intestate, the surviving spouse is treated more favourably under the law than other persons, and also when he or she applies for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

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E. PROJECT- WORK Task 5. Think about problems given below. Present your ideas as a report to the class. 1. Marriage means different things to different people. For some it is a religious sacrament, for others it is entered into purely for legal convenience. Is it possible to impose legal consequences for marriages given the wide variety of meanings it has. 2. If we were to do away with marriage as having any legal significance, what should replace it? There are plenty of suggestions: we could have civil partnership registration (this would enable the law to create a new marriagelike status which is free from the religious and social associations with marriage); we could use tort and contract law to deal with all disputes between couples (i.e. the law regulating couples would be the same as the law regulating two strangers); instead of focusing on sexual relationships between adults, we could focus on relationships of dependency, and so those relationships which were of significance to society would not be based on the husband-wife relationship but on the parent-child or carer-dependant-person relationship. LESSON 3 COHABITION TODAY

A. READING Task 1. Read the text, pay attention to the words in bold, try to learn them. KEY VOCABULARY precursor - social acceptance - , tenancy - , vulnerable position - quasi-marital rights - property entitlement to fuel discussion - next-of-kin - intestacy - nullity decree bereavement benefits - Introduction

13 Many couples choose to cohabit rather than marry. This may be a precursor to marriage, or instead of marriage. Over the years there has been increasing social acceptance of cohabitation and the law has tried to keep up with these changes. In the early development of the law governing cohabitants' rights, it was opposite-sex cohabitants, not same-sex cohabitants, who were given more favourable treatment in family law. Thus, opposite-sex cohabitants could apply for protection under the domestic violence legislation, and they were treated more favourably than same-sex cohabitants in respect of succeeding to a tenancy on the death of their partner, and in respect of claims for financial provision from their deceased partner's estate. In the last few years, however, important developments have taken place in the law governing same-sex cohabitants, in particular the creation of civil partnerships for same-sex cohabitants by the Civil Partnership Act 2004. The vulnerability of cohabitants Some people believe that there is something called a 'common law marriage', which gives opposite-sex cohabitants quasi-marital rights. This is a myth. In fact, heterosexual cohabitants can be in a disadvantageous position compared with married couples, and so can same-sex cohabitants who are not civil partners. Cohabitants are in an especially vulnerable position in respect of property entitlement on relationship breakdown and on the death of their partner. In particular, they can suffer disadvantages in respect of ownership and occupation of the family home, and in respect of other assets, such as pensions and investments. There is also no legal obligation for cohabitants to provide financial support for each other. Married couples and civil partners, on the other hand, have mutual maintenance obligations and the courts have the power to make maintenance orders in their favour. Cohabitants also suffer tax disadvantages compared with married couples and civil partners. In respect of children, an unmarried father does not have 'automatic' parental responsibility for his children, but he can obtain it in various ways. B. COMPREHENSION Task 2. Understanding key issues. Answer the following questions. 1. Why do many couples choose to cohabit rather than marry nowadays? 2. How did the law protect same-sex cohabitants? 3. Why was it necessary to create civil partnerships? 4. Do you agree that cohabitants are in a vulnerable position in respect of legal obligations? C. READING Task 3. Read through the text quickly and answer this question.

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Do you have an equivalent to the Civil Partnership Act in your jurisdiction? Civil Partnership - The Civil Partnership Act 2004 The background In some countries same-sex couples can enter into a valid marriage (e.g. in The Netherlands, Canada, Belgium and Spain), or into a registered civil partnership (e.g. in Denmark, Sweden, Finland, Portugal, France and Germany). Some of these civil partnership schemes are also open to oppositesex couples (e.g. in France). Under the Civil Partnership Act 2004, which came into force on 5 December 2005, same-sex partners can now register their partnership and thereby acquire rights, powers and duties similar to those of married couples. Although the government has been keen to stress that these reforms do not introduce 'gay marriage', there is in fact little difference between a civil partnership and 'gay marriage' other than that a civil partnership cannot be registered by means of a religious ceremony or in a religious building and, unlike marriage, does not require an act of consummation in order for it to be valid. Before the introduction of civil partnership by the Civil Partnership Act 2004, various informal registration schemes were available in England and Wales to allow same-sex (and opposite-sex) couples to declare their relationship (e.g. the London Partnership Register which was introduced in 2001). The disadvantage of these informal schemes, however, is that they create no recognised legal status, and consequently have no legal effects. Because of the disadvantages for same-sex couples compared with married couples, there was increasing discussion about introducing civil partnership. Discussion was fuelled largely by pressure from the gay community, in particular the gay pressure group, Stonewall, who felt that same-sex couples suffered many disadvantages as a result of being treated as separate individuals rather than as a couple. Visiting a partner in hospital or organising a partner's funeral arrangements, for example, created difficulties, because of confusion as to whether a partner was next-of-kin. Same-sex couples were also denied employment benefits and pension rights, and some found themselves unable to remain in their partner's home on death, or to succeed to their deceased partner's estate on intestacy. As a result of increasing concern about the difficulties for same-sex couples, a civil partnership bill was introduced into the House of Commons in October 2001 by Jane Griffiths MP, and another into the House of Lords in January 2002 by Lord Lester. However the government had decided to conduct a full review of civil partnerships. The discussions resulted in the enactment of the Civil Partnership Act 2004.

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Task 4. Read the text again and be ready to discuss the following problems: 1.Difference between a civil partnership and 'gay marriage'. 2.Legal consequences of the Civil Partnership Act 2004. 3.Disadvantageous position of same-sex couples. D. COMPEHENSION Task 5. Decide whether these statements are true or false. 1. A civil partnership is the legal scheme only for same-sex couples. 2. A civil partnership can be registered in a church. 3. Informal registration schemes are similar to civil partnerships. 4. The Civil Partnership Act 2004 was enacted as a result of heaty discussions. E. TRANSLATION Task 6. Translate the following text: The Civil Partnership Act 2004 was given the Royal Assent on 18 November 2004 and came into force on 5 December 2005. The Act creates a new legal status for same-sex partners who register their partnership according to the formalities laid down in the Act. Having registered their partnership, they acquire various rights, responsibilities and obligations which are broadly analogous to those of married couples. Thus the effect of registration is to create what is in effect a quasi-marriage. If the partnership breaks down, it can be dissolved in a procedure similar to divorce. Decrees of separation, nullity and presumption of death are also available, and the court has the power to make finance and property orders on civil partnership breakdown like those it can make on divorce. Registered partners have rights and responsibilities in respect of children. They also have rights on death. Registered partners are entitled to bereavement benefits and compensation for fatal accidents or criminal injuries. F. PROJECT WORK Task 7. Find in the Internet or other sources some information about cohabitants rights and obligations in different countries. Present this information to the class. G. DISCUSSION

16 Task 8. Study the following information and discuss the case from the book Family Law by Jonathan Herring. Pay special attention to a legal principle. Case Although same-sex couples can now have their relationships formalized as civil partnerships, they still cannot marry. To some that means that discrimination continues. Why should a same-sex couple not be entitled to the same official recognition that an opposite sex couple have? The question came before the courts in the following case: Facts: Ms Wilkinson and Ms Kitzinger had married in Canada. They had now moved to England and lived and worked there. They sought a declaration from the court on whether or not they were married or could marry in English law. Alternatively, they sought a declaration that section 11 of the Matrimonial Causes Act 1973, which did not permit them to marry, was incompatible with the Human Rights Act 1998. Legal principle: A same-sex couple could not marry under English law, although they could enter a civil partnership. The bar on same-sex marriage in section 11 was not incompatible with the European Convention on Human Rights. Article 12 of the Convention gave the right to marry, but that was to marry in the conventional sense (i.e. a marriage between a man and a woman). Parliament had to consider the issue of regulation of same-sex relationships and produced the Civil Partnerships Act 2004. That was an appropriate way of giving same-sex couples legal rights, without challenging the traditional understanding of marriage.

LESSON 4

FAMILY PROPERTY

A. READING Task 1. Read the first paragraph. How can you describe the position of spouses, civil partners and cohabitants on relationship breakdown? KEY VOCABULARY subsistence - relationship breakdown - to stipulate - joint tenants - tenants in common - sever -

17 alienation - evict - mortgage , Task 2. Read through the whole text quickly. Then match these headings (a-d) with the sections they belong to (1-4) a. Co-ownership b. Ownership of property during marriage and civil partnership c. Two Sorts of Ownership in English Law d. Introduction 1). During the subsistence of their relationship, the rules governing the property rights of spouses, civil partners and cohabitants are much the same, but on relationship breakdown the position is radically different, because the courts have wide statutory powers to adjust the property assets of spouses and civil partners according to their needs and resources without the need to rely on the general principles of property law. Cohabitants and other family members, on the other hand, must rely on property law principles to determine their rights on relationship breakdown. 2). There are two sorts of ownership in English law: ownership in law and ownership in equity. Ownership in equity involves owning property as a beneficiary under a trust. A person can own property in law or in equity, or in both law and equity. Thus, for example, the male partner may be the legal owner of the house, but he may also hold it on trust for himself and his female partner, the beneficiary, in equity. Many spouses and cohabitants, however, own their home jointly as co-owners in law and in equity. Persons who jointly purchase a house will be advised to draw up a declaration of trust, and the Land Registry requires them to stipulate their respective beneficial entitlements to the property. 3).. Co-owners can own property as joint tenants or as tenants in common. Joint tenants each own the whole property, not an individual share. This means that on the death of a joint tenant, the surviving joint tenant is entitled to the whole property, unless there is any intention to the contrary, e.g. in a will. A joint tenancy can be severed and converted into a tenancy in common by: giving notice in writing; mutual agreement; alienation; or by conduct. A

18 joint tenancy is also severed on bankruptcy. Tenants in common, unlike joint tenants, each own a separate share of the property. On the death of a tenant in common, the surviving tenant in common is not entitled to the whole property, but the deceased's share passes according to the will, or according to the laws of intestacy. 4).. There is no presumption of joint ownership of property for married couples or civil partners in England and Wales, as there is in some European countries. Each party to a marriage or civil partnership in England and Wales can own property separately. This means that any property brought into the marriage or civil partnership belongs to that party, and so does any property acquired during the relationship by a particular party. In 1988 the Law Commission discussed the possibility of introducing a presumption of joint ownership of household goods for married couples but its proposals were not brought into force, even though it found the rules for determining ownership to be 'arbitrary, uncertain and unfair' - as most couples intended property to be jointly owned even though according to the law it was not. B. COMPEHENSION Task 3. Decide whether these statements are true or false. 1. Property law principles determine the spouses and civil partners rights. 2. A person cant own property in both law and equity. 3. Alienation is one of the ways to convert a joint tenancy into a tenancy in common. 4. In some European countries there is a presumption of joint ownership of property for married couples or civil partners. Task 4. Find words or phrases in the text which match these definitions. 1. the ability to live (para 1) s.. 2. to state as a necessary condition (para 2) s. 3.an official statement of the way someone wants their property to be shared out after they die (para 3) w. 4. decided by or based on chance or personal opinion rather than facts or reason (para 4) a.. C. TRANSLATION Task 5. Translate the following text:

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Devolution of property by will


There is complete freedom of testamentary disposition in England and Wales. Any adult person of sound mind may make a will disposing of his or her property to whomsoever he or she chooses. A will is valid if it is made in writing and is signed by the person making the will in the presence of at least two witnesses, each of whom must attest and sign the will, or acknowledge the signature of the person making it. A will is revoked by the testators marriage or civil partnership, unless it was made in contemplation of a marriage or civil partnership to a particular person and the testator did not intend the will to be revoked. In the case of divorce or nullity, or dissolution or annulment of a civil partnership, then subject to any contrary intention in the will, any legacies and gifts to a former spouse or former civil partner lapse. But former spouse or former civil partner may still have a claim for reasonable financial provision from the deceaseds estate under the Inheritance Act 1975. Task 6. Translate the following text into English:


, , , , - . , , , . , . . . , XII . -. . D. DISCUSSION Task 7. Study the following information and discuss the cases from the book Family Law by Jonathan Herring. Pay special attention to legal principles.

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Task 8. Work in groups. Think of your own cases which may relate to property disputes between cohabiting couples. Discuss them with your groupmates. If it is possible to find evidence of the common intention to share ownership and there has been reliance on it, the court must then ascertain what share each party has under a constructive trust. Where the parties have agreed what shares they have, the law will reflect the agreement. Where they have not agreed, then the court must decide what is a fair proportion. Case Facts: Mr Hiscock and Ms Oxley lived together for about 20 years without marrying. When their relationship broke which was in Mr Hiscocks name. Ms Oxley had contributed around 20% of the purchase price. They had not discussed what shares they were to own in the property. Legal principle: Having established a constructive trust, the parties were to share the equitable interest in line with their agreement. If the parties had not made clear what share each was to have, then the court would decide what share would be fair in all the circumstances. The court was not bound to reflect exactly their financial contributions. In this case it was decided that Ms Oxley should have 40%. Case Facts: Mr Jones and Mr Wayling formed a relationship. Jones told Wayling that if they moved in together and Wayling helped him run his hotel, then he would leave Wayling the hotel in his will. Mr Wayling moved in and did much work on the hotel over many years, receiving mere pocket money. When Jones died it was found that he had left his hotel in his will to someone else. Wayling claimed the property under a proprietary estoppel. Legal principle: Wayling could claim the property under a proprietary estoppel. He had been promised that the hotel would be his and had relied on that promise to his detriment in working for minimal pay. Although he had acted partly in response to the promise and partly out of love, that did not prevent an estoppel from arising. LESSON 5 DIVORCE

A. READING Task 1. Read through the text quickly and answer these questions.

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1. What are the reasons for the high divorce rate? 2. Why was it difficult to obtain divorce in the nineteenth century? 3. What grounds for divorce were added by the Matrimonial Causes Act 1937? 4. What is meant by the concept of the hybrid law of divorce? Speak about the idea of the retention of fault. KEY VOCABULARY erosion - ecclesiastical - , sanctity - , divorce a mensa et thoro - , indissoluble , adultery - , ( ) condonation - ( ) connivance - , desertion () incurable insanity depravity - bar - retention of fault - Introduction A. Divorce is common in England and Wales. According to figures from the Office for National Statistics there were 153,399 divorces in 2004, a slight decrease on 2003 when there were 153,490 divorces. In 69 per cent of divorces in 2004 both parties were in their first marriage. The average age for divorce was 42.7 for men, and 40.2 years for women; 69 per cent of divorces in 2004 in England and Wales were granted to wives, with most of them divorcing on the ground of their husband's unreasonable behaviour. The most frequently used ground for men was two-years' separation with consent. B. The reasons for the high divorce rate are complex. Changing attitudes to marriage, the social acceptability of divorce, and the decline of religion with the resulting erosion of the ecclesiastical concept of the sanctity of marriage are likely to have had an impact. The liberalisation of the grounds for divorce, and the fact that divorce is relatively easy to obtain today, may also have had an impact. The Development of Divorce Law. The Grounds for Divorce

22 C. Until the mid-nineteenth century the courts had no jurisdiction to grant decrees of divorce, although the ecclesiastical courts had the power to annul marriages and to grant a limited sort of divorce called a divorce a mensa et thoro, which relieved the spouses of the legal obligation to live together, but did not terminate the marriage. The Christian idea of marriage as an indissoluble life-long union prevailed. Anyone who wished to divorce could only do so by private Act of Parliament, which was a complex, lengthy and expensive procedure available only to a small minority of people. D. In order to remedy the inadequacies of the Act of Parliament procedure, the Matrimonial Causes Act 1857 was passed permitting judicial divorce. It did so by establishing the Court for Divorce and Matrimonial Causes which had jurisdiction to grant decrees of divorce, nullity and judicial separation. However, divorce continued to be difficult to obtain as there was only one ground, which was adultery by the respondent - a ground which was acceptable to the Church because of biblical precedent for it. In addition to adultery, the petitioner also had to prove the absence of any collusion, condonation or connivance between the parties to the marriage. Divorce was therefore only available to an innocent petitioner if the respondent had committed the matrimonial offence of adultery. However, divorce under the 1857 Act remained particularly difficult for wives, as, unlike husbands, they had to prove 'aggravated adultery' (adultery plus an additional factor, such as incest, cruelty, bigamy, sodomy or desertion). Eventually, however, after considerable pressure for reform by the female emancipation movement aggravated adultery was abolished by the Matrimonial Causes Act 1923. E. After considerable criticism of the fact that adultery was the only ground for divorce, the following grounds were added by the Matrimonial Causes Act 1937: cruelty; desertion for a continuous period of at least three years; and incurable insanity. Divorce therefore continued to require proof of a matrimonial offence (except in cases of incurable insanity). In response to concerns that the more liberal divorce law would undermine the institution of marriage, the 1937 Act introduced an absolute bar on divorce in the first three years of marriage, unless the petitioner had suffered exceptional hardship, or the respondent had shown exceptional depravity. The aim of the three-year bar was to deter trial marriages and hasty divorces. Condonation, connivance and collusion remained as bars. Later on, particularly at the end of the Second World War, there was a sharp increase in the number of people wishing to divorce, and a growing dissatisfaction with the law. F. In Britain there is a hybrid law of divorce made up of fault and no-fault grounds, and which is more than thirty years old. The retention of fault means that the matrimonial offence doctrine remains, and in fact is particularly prevalent, as many divorces are sought on the basis of the fault

23 grounds of adultery or unreasonable behaviour as these enable a petitioner to obtain a 'quick' divorce. The Law Commission's belief that most couples would use the separation grounds has not been realised in practice. Since the introduction of the current grounds for divorce more than thirty years ago, there has been increasing dissatisfaction with the law, and in 2000 a radically new form of divorce was to have been introduced by the Family Law Act 1996, but this was eventually abandoned because it was found to be unworkable in practice. It remains the case, however, that divorce law is still considered to be unsatisfactory, and in need of reform. B. COMPEHENSION Task 2. Read the text again carefully. In which paragraph (A-F) are the following mentioned? Some of the items may be found in more than one paragraph. 1. dissatisfaction with the law 2. the average age for divorce 3. adultery as the only ground for divorce 4. the social acceptability of divorce 5.introduction of an absolute bar on divorce 6. procedure of the divorce until the mid-nineteenth century 7.grounds for divorce added in 1937 8. additional factors which formed aggravated adultery 9. spouses unreasonable behaviour 10. trial marriages and hasty divorces must be prevented Task 3. In your own words, explain to a partner the meaning of the following expressions (in italics in the text). 1. separation with consent 2. erosion of the ecclesiastical concept of the sanctity of marriage 3. to remedy the inadequacies 4. female emancipation movement 5. undermine the institution of marriage 6. introduce an absolute bar 7. deter trial marriages and hasty divorces 8. a growing dissatisfaction with the law 9.unreasonable behaviour 10. to be unworkable in practice

24 C. TRANSLATION Task 4. Translate the following text:

Divorce Procedure
Changes have also taken place over the years in respect of divorce procedure. Initially, because divorce was considered a serious matter, proceedings were heard only in London and only by senior judges. Later on, however, the position changed, with the result that all undefended divorces today are now heard by specially designated divorce county courts (or the Divorce Registry in London). Defended divorces, however, continue to be heard in the High Court. At one time divorces were heard in open court with the petitioner giving oral evidence to prove the ground alleged. However, it became increasingly recognised that hearing divorces in open court was not only distressing for the parties, as they would have their intimate marital details exposed in public, but it was also unnecessarily expensive and timeconsuming. Divorce was failing to achieve one of its major policy aims, namely the burial of a dead marriage with the minimum of distress and humiliation. ---------------------------------------------------------*defended divorce - *undefended divorce - Task 5. Translate the following text into English:


18 , -16 . , 20 , . . . , .


1965, 1975 1985. , . ,

25 , : . , , ( 1981 .) D. DISCUSSION. Task 6. Read the following abstract from the book Rage of angels by Sidney Sheldon and give your opinion on it: Most divorce lawyers had bad reputations. The maxim was that when a married couple saw red, lawyers saw green. A high-priced divorce lawyer was known as a bomber, for he would use legal high explosives to win a case for a client and, in the process, often destroyed the husband, the wife and the children. --------------------------------------------*see red - to become very angry Task 7. Study the following information and discuss the cases from the book Family Law by Jonathan Herring. Pay special attention to legal principles. Task 8. Work in groups. Think of your own cases which may relate to different grounds for divorce. Discuss them with your groupmates. The ground for divorce can only be proved by showing one of the five facts: adultery, behavior, desertion, 2 years separation with consent, 5 years separation. 1. The ground for divorce. Facts: It was found by the judge that the marriage had irretrievably broken down. The couple had nothing in common, never went out and were unable to communicate with each other. However, none of the five facts could be made out. Legal principle: A divorce could not be granted. Even if the marriage had broken down irretrievably, a divorce could only be granted where one of the five facts was made out. The couple would have to separate for two years in order to get a divorce. 2. The adultery fact.

26 Facts: The wife committed adultery. The husband forgave her and they were reconciled. However, this was short lived and the wife left the husband again. The husband then petitioned for divorce. Legal principle: The Court of Appeal accepted that there was adultery and that following the wifes conduct during the unsuccessful attempt at reconciliation the husband found it intolerable to live with her. A divorce was available, therefore, on the adultery fact. 3. The unreasonable behavior fact. Facts: The husband was found by the court to be dogmatic, nationalistic and dictatorial. The trial judge had taken the view that the husband had not behaved so badly that a reasonable person could not live with him. Legal principle: The Court of Appeal said that the correct question was: could this wife (who was particularly sensitive and passive) reasonably be expected to live with her husband?. It thought not and granted the divorce petition on the unreasonable behavior fact.

LESSON 6

THE CHILDREN ACT 1989

A. READING Task 1. Read the first paragraph. What is the distinction between private and public law provisions relating to children? KEY VOCABULARY intervention - consolidate - , child abuse put to the fore delay - , construe - guardianship , Task 2. Read through the whole text quickly. Then match these headings (a-e) with the sections they belong to (1-5) a. Human Rights b. Drawbacks and Problems c. Introduction d. Influences on the Act and its Principles and Policies

27 e. New Provisions 1). The Children Act 1989 contains private and public law provisions relating to children. Private law governs the relationships between private individuals, usually parents, and includes rules on parental responsibility, guardianship and residence and contact. Public law is the law governing State intervention into family life by local authority social services departments who have duties and powers to provide for children in need and to protect children who are suffering, or who are at risk of suffering, significant harm. 2) The Children Act 1989 was an important Act not only because it consolidated much of the civil law relating to children, but because it introduced new principles and policies. Government reports and public inquiries relating to the management of child abuse by social workers and other agencies had a considerable influence on the Act. An important policy in the Act is that of minimum State intervention. Thus, under the no-order provision courts must decide whether or not an order is really necessary in the circumstances. The aim of the Act is to restrict intervention into family life by courts and local authorities unless really necessary for the child's welfare. Another aim of the Act is to provide a flexible court structure and a flexible range of orders available in all family proceedings involving children (and which can be made on an application to the court or of the court of its own motion). Applications under the Act can be brought in magistrates' family proceedings courts, county courts and the High Court, but cases can be transferred between these courts if the matter is urgent or serious, or where proceedings should be consolidated. 3).. The Children Act has generally been considered to be a 'successful' Act, although it has been criticised by Freeman (1998) for failing to put children's interests sufficiently to the fore and for not including any reference to children's rights. A major problem with proceedings under the Act, however, is that of delay. In May 2002 a government report published by the Lord Chancellor's Department (Scoping Study on Delay in Children Act Cases) stated that the principal causes of delay were lack of experts, not having the right judges in place at the right time, unsatisfactory judicial case management, and a lack of effective partnership between the professionals involved in dealing with proceedings under the Act. Delay is particularly bad

28 in child protection cases. Although steps have been taken to tackle delay, it remains a serious problem. 4). The Children Act 1989 must be construed and applied by courts and public authorities in a way which complies with the European Convention for the Protection of Human Rights as a result of the obligations on courts and other public authorities under the Human Rights Act 1998 . 5) New provisions have been inserted into the Children Act 1989 by the Adoption and Children Act 2002, in particular: to allow unmarried fathers to acquire parental responsibility if they register the child's birth with the mother; to allow step-parents to acquire parental responsibility for a stepchild and to give the court power to make special guardianship orders. These provisions are all in force. The Children Act 1989 must not be confused with the Children Act 2004, which does not replace, but supplements, the 1989 Act. B. COMPEHENSION Task 3. Decide whether these statements are true or false. 1. Private and public law provisions protect childrens interests. 2. The Children Act 1989 is aimed at further State intervention into family life. 3. A flexible court structure is an aim of the Act. 4. The Children Act 1989 is also criticized for delay in child protection cases. 5. New provisions allow unmarried fathers to acquire parental responsibility on certain condition. Task 4. Find words in the text which match these definitions. 1. damage or wrong (para 1) h.. 2. an attempt to find out the reason for something or how something happened (para 2) i 3. a request, usually written for smth or for permission to do smth (para 2) a 4. to act in accordance with a demand, rule (para 4) c 5. a condition or influence that makes it necessary for someone to do something, duty (para 4) o

29 6. a child that ones husband/wife has as a result of an earlier marriage and for whom one has no legal responsibility (para 5) s.. C. TRANSLATION Task 5. Translate the following texts:

The Child Support Agency


The Child Support Agency is staffed by decision makers, who have a duty to calculate maintenance on the basis of information supplied by parents, employers, the Department for Work and Pensions, the Inland Revenue, courts and local authorities. It is a criminal offence to refuse to provide information. The Agency is part of the Department for Work and Pensions. The Agency has a legal duty under the Child Support Act 1991 to calculate child support for a qualifying child living in the UK if it receives an application for a child maintenance calculation, and it has jurisdiction to deal with it. Besides calculating and reviewing maintenance, and making arrangements for collecting payments, its other principal activities include tracing and contacting non-resident parents; sorting out paternity disputes; collecting and passing on maintenance payments and taking action to enforce payment; preparing and presenting appeals to be heard by the independent Child Support Appeal Tribunal Service; and working with the Benefits Agency (if clients receive social security) to ensure correct payments and to protect against fraud. Most Agency decisions are non-discretionary, but some are discretionary. When exercising any discretionary power Agency decision makers must take account of the welfare of any child likely to be affected. Jurisdiction of the Agency The Agency has jurisdiction to calculate and collect child maintenance if the person with care (PWC) and the qualifying child are habitually resident in the UK. The non-resident parent (NRP) must normally be resident in the UK, but there are exceptions, e.g. for members of the British civil service, naval, military or air forces, or parents who are employed in certain companies or bodies working overseas . There is no definition of 'habitual residence' in the Act - this is determined by case law. There is a right of appeal to an independent tribunal against a decision on the Agency's jurisdiction. *'habitual residence- *discretionary- ,

30 D. DISCUSSION. Task 6. Study the following information and discuss the cases from the book Family Law by Jonathan Herring. Pay special attention to a legal principle. Task 7. Work in groups. Think of your own cases which may relate to childrens rights. Discuss them with your groupmates. Childrens rights in the law Facts: The Department of Health and Social Security issued a circular informing doctors that they would be acting lawfully if they prescribed contraception to girls under 16, even if they did not have parental consent. Mrs Gillick, a committed Roman Catholic with five daughters, sought a declaration that the circular was illegal. Legal principle: The House of Lords held that parental rights existed in order to protect children. So the parental rights yielded to the rights of the child to make decisions for herself if she had sufficient understanding and intelligence. Therefore, a doctor can provide contraceptive advice and treatment to an under 16-year-old, without her parents consent, if she has sufficient understanding of the issues involved and it is in her best interests to receive the treatment. The girls consent would provide a defence to any crime or tort the doctor might be charged with.

LESSON 7

ADOPTION

A. READING Task 1. Read through the text quickly and answer these questions. 1. What does the process of child adoption involve? 2. Which Acts regulate adoption in the UK? 3. How can you characterize adoption trends? What are the reasons for the decline in the number of adoptions? 4. What is the main drawback of the adoption by step-parents? KEY VOCABULARY extinguish , vest , stigmatise - incidence - sever links - ,

31 span - Introduction A. Adoption of a child is effected by a court order known as an adoption order which extinguishes the parental responsibility of the child's birth parents, and other persons, and vests it in the adopters. Adoption involves the complete legal transference of parental responsibility and makes the child a full legal member of the new family. B. The law of adoption has been radically reformed by the Adoption and Children Act 2002, which replaces the Adoption Act 1976. The 2002 Act came fully into force on 30 December 2005. The Children Act 1989 is also relevant as it provides alternatives to adoption which may better suit some children. At the international level, the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption 1993 is now part of adoption law in the UK. The European Convention for the Protection of Human Rights is also relevant because courts and adoption agencies are public authorities for the purposes of the Human Rights Act 1998 . The United Nations Convention on the Rights of the Child is also relevant. Adoption Trends: Numbers of Adoptions C. A significant change over the years has been the decline in the number of adoptions. In 1968, for example, there were 24,800 adoptions, but by the late 1990s there were fewer than 9,000 a year. The decline has been due partly to the shortage of babies available for adoption, due to improved methods of contraception, the legalisation of abortion, and because single mothers are no longer stigmatised and under pressure to give up their babies. Children who are adopted today are often older children who have been taken into local authority care and placed for adoption. The government has adopted a policy of increasing the numbers of children who are adopted from the care system, and the number of adoptions has risen in the last few years. Official figures show that 3,700 children were adopted in 2003-4, which was 1,000 more than in 1999-2000. In 2004, the number of adoptions increased again to 4,539. However, only a small percentage of children in care are adopted. In March 2004 there were 61,000 children in the care of local authorities in England and Wales, but only 5 per cent (3,300) were placed for adoption. Adoptions by Step-parents and Relatives D. A significant proportion of adoptions are 'in family' adoptions, in other words adoptions by stepparents and relatives. Step-parent adoptions are particularly common because of the high incidence of family breakdown, and because stepparents often wish to acquire parental responsibility for their stepchildren (23 per cent of adoptions were made in favour of step-

32 parents in 2004, 11 per cent more than in 2003). Adoptions by step-parents and relatives can have drawbacks. They can sever the child's legal and social relationship with the other birth-parent and other side of the family. Before the Adoption and Children Act 2002 came into force, a step-parent who wished to adopt a step-child had to do so jointly with their spouse because the law required a married couple to make a joint adoption application. This meant that the child's birth-parent had to adopt his or her own child even though he was already the parent - which was somewhat bizarre and highly unsatisfactory. Adoption by grandparents can also be unsatisfactory, as a child may grow up mistakenly believing, for example, that he has a sister when it is really his mother. E. Because of the unsatisfactory nature of step-parent adoptions, the Adoption and Children Act 2002 has amended the Children Act 1989 to enable step-parents to acquire parental responsibility for step-children by agreement or by court order instead of resorting to adoption. Step-parents can also apply for special guardianship or a residence order as a means of acquiring parental responsibility. If, however, a step-parent does wish to adopt a step-child, the 2002 Act improves the position by permitting sole applications by step-parents, thereby removing the anomaly under the old law whereby the child's birth-parent had to adopt his or her own child. B. COMPEHENSION Task 2. Read the text again carefully. In which paragraph (A-E) are the following mentioned? Some of the items may be found in more than one paragraph. 1. unsatisfactory nature of adoptions by step-parents 2. stigmatised single mothers 3. 'in family' adoptions 4. legal transference of parental responsibility 5. the Hague Convention on the Protection of Children 6. need to make a joint adoption application 7. percentage of children adopted from the care system 8. the legislation on adoption Task 3. Match these words from the text (1-7) with their synonyms. 1. adopters 2. transference 3.convention 4. sever

33 5. span 6. stigmatise 7. bizarre a. noticeably odd and strange b. to describe in a very disapproving way c. to include in space or time d. an act of giving right to another person e. a formal agreement between countries on something important to them all f. people who take someone elses child into their family g. bring to an end, break of Task 4. In your own words, explain to a partner the meaning of the following expressions (in italics in the text). 1. extinguish the parental responsibility of the child's birth parents 2. make the child a full legal member of the new family 3. radically reformed 4. relevant 5. single mothers are no longer stigmatised 6.care system 7. sever the child's legal and social relationship with the other birth-parent 8.permitting sole applications by step-parents C. TRANSLATION Task 5. Translate the following texts: Adoption with Contact Attitudes to contact after adoption have changed over the years. At one time adoption was 'closed' in the sense that contact after adoption was not considered a possibility - it was thought best if children permanently severed their links with their birth-family. However, it is now accepted that contact may be beneficial to some adopted children, particularly older children. The court has the power to order contact (direct or indirect) between the adopted child and a member of his birth-family, or a foster-parent, although in practice there may be reluctance to order direct contact because of the disruption this may cause.. The importance of children maintaining links with their birth-family is also recognised in the adoption welfare checklist in Adoption and Children Act 2002 , an innovation which was introduced by the 2002 Act. The New Adoption Law - The Background

34 Discussions of adoption reform and proposals for reform have spanned many years. Pressure for reform arose because adoption law had not kept up-to-date with changes in adoption practice, and because of the need to harmonise adoption law with the provisions of the Children Act 1989, which came into force in 1991. Adoption and Human Rights As adoption agencies and courts are public authorities for the purposes of the Human Rights Act 1998 they must exercise their powers and duties in compliance with the European Convention for the Protection of Human Rights (ECHR). They must ensure, in particular, that adoption is in the child's best interests, and that it does not breach the right to family life of the child and the natural parents. Any interference with the right to family life of children and parents must be legitimate, necessary and proportionate . D. DISCUSSION. PROJECT-WORK Task 6. Find in the Internet or other sources some information concerning adoption procedure in our country including international adoption and home adoption. What are the adoption trends and laws? Present this information to the class.

LESSON 8

REVISION

A. TRANSLATION Task 1. Translate the following sentences: 1.The term parental responsibility was adopted to reflect the idea that children are persons to whom duties are owe, rather than persons over whom power is wielded. 2. A guardian must make sure that the child is cared for and provided for, and see that the child is educated. 3. The English courts have a discretion to refuse recognition of an overseas divorce whether or not it was obtained in proceedings. 4. Some divorces are transnational in that , they take place in two different countries. 5.Domestic violence includes not just physical assault, but psychological and emotional molestation or harassment and may also involve pestering, nagging, making nuisance telephone calls and intimidation. 6. A particularly important change in family law has been given by legislators and courts to different forms of family living.

35

Task 2. Translate the following text: Occupation of the Home - 'Home Rights' of Spouses and Civil Partners Under the Family Law Act 1996 a spouse or civil partner who has no rights of ownership in the home (by virtue of a contract or trust or under any enactment) has the right to occupy the home if the other spouse or civil partner is so entitled (under a contract, trust etc.) Thus, the non-entitled spouse or civil partner has statutory rights of occupation of the home ('home rights'). 'Home rights' are: if in occupation, a right not to be evicted or excluded from the home by the other spouse or civil partner, except with leave of the court given by an order under s.33 of the Act; or, if not in occupation, a right with leave of the court so given to enter into and occupy the 'Home rights' arise only in respect of a dwelling house which is (was, or was intended to be) the parties' matrimonial or civil partnership home. The person with 'home rights' has other rights. Thus any payment or other things done by that person in or towards satisfaction of any liability of the other party (the owner) in respect of rent, mortgage payments or other outgoings affecting the home is as good as if made or done by the owner. Any mortgage payments by the party with 'home rights' may be treated as being made by the other party, but this does not affect any claim by the person with 'home rights' against the other party to an interest in the home by virtue of the payment. Under Part IV of the Family Law Act 1996 spouses and civil partners have a right to take part in possession proceedings when the home is subject to a mortgage, and the Act also makes provision for the transfer of tenancies on relationship breakdown . A non-entitled spouse or civil partner's 'home rights' are a charge on the other party's estate or interest. A charge is binding on a third party (e.g. a purchaser or a mortgagee), but only if it has been protected by a notice on the register made under the Land Registration Act 2002 or any enactment replaced by that Act . C2. Render the following text into English. B. GRAMMAR REVISION Task 3. Complete the text with phrases from the list. had been lodged ; would have to be taken; could be made ; would be given ; would first have to attend; provided; would have to send; had been made ; would be explained; were required; could be saved; was satisfied; had been complied with; had been satisfied

36 The proposed reform divorce over a period of time A series of steps (1).. in order to obtain a divorce. An applicant (2).. an 'information meeting' at which information about divorce (but not legal advice) (3).., and marriage counseling(4).., if needed. At least three months later, one or both of the parties (5).. a 'statement of marital breakdown' to the court. The court would then have the power to make directions requiring the parties to attend a meeting at which mediation (6).., and to make interim ancillary relief orders and interim orders under the Children Act 1989. Once the statement of marital breakdown (7).. with the court, a period for reflection and consideration would then have to pass (nine months in some cases, 15 in others), during which the applicants (8).. to spend time reflecting on whether their marriage (9).. and, if not, then on making arrangements in respect of ancillary relief and children. At the end of that period, an application for a 'divorce order' (10).., which the court could grant if it (11).. that: the marriage had irretrievably broken down; the information meeting requirements (12)..; arrangements for the future (13)..; there was no order preventing divorce; and the requirements in respect of the welfare of the children (14)... C. WRITING Task 4. Express your ideas in writing. Choose any of the topics below: 1. Do children have rights? How easy is it for children to bring cases to court? 2. Who should be a childs parents: the genetic parents or those who are involved in the childs day-to-day care? Can we recoginise both kinds of parents? 3.What financial issues do couples have to discuss on divorce or dissolution? 4. A person is quite likely to be the victim of domestic violence at some point in their life: one in four women and one in six men are. In some cases the victim does not want legal intervention. Should the law respect wishes or protect from violence even if the victim does not want to be protected? 5. Are cohabiting couples legally protected in our country? Will the situation change in the near future? 6. Can civil partnership replace marriage?

37 APPENDIX 1 KEYS

ANSWERS Les. 1 B2 1-B; 2-C ; 3-D; 4-A Les.2 C1 1.which; 2.where; 3.who/whom/that; 4.whose; 5which; 6.whom; 7.who; 8.when; 9.which; 10.which/that. Les.4 A2 1-d; 2-c ; 3-a; 4-b Les.4 B2 1-subsistence; 2-stipulate; 3-will; 4-arbitrary Les.6 A2 1-c; 2-d ; 3-b; 4-a;5-e Les.6 B2 1-harm; 2-inqury ; 3-application; 4-comply with; 5-obligation; 6-step-child Les.7 B2 1-f; 2-d ; 3-e; 4g-; 5-c; 6-b; 7-a Les.8 B1 1-would have to be taken; 2-would first have to attend; 3-would be given; 4provided; 5-would have to send; 6-would be explained; 7-had been lodged; 8were required; 9-could be saved; 10-could be made; 11- was satisfied; 12-had been complied with; 13-had been made; 14-had been satisfied APPENDIX 2 alienation adultery affinity bar bereavement benefits cohabitation conclusive condonation connivance consent order consolidate construe child abuse delay VOCABULARY TO LEARN depravity desertion dissolution of marriage divorce a mensa et thoro financial provision to fuel discussion ecclesiastical evict give pre-eminence to incurable insanity indissoluble intervention intestacy joint tenants incidence to lift the restrictions lump sum maintenance motion next-of-kin nullity decree precursor pre-marital agreements property entitlement

38 put to the fore relationship breakdown retention of fault revoke sanctity sever sever links APPENDIX 3 SOURCES 1. : 1) Kate Standley. Family Law. Palgrave Macmillan Law Masters, 2006. 2) Amy Krois-Linder and TransLegal. International Legal English, Cambridge University Press, 2006. 3) Jonathan Herring. Family Law. Pearson Longman, 2007. 4) Mark Foley and Diane Hall. Advanced Learners Grammar. Longman, 2005. 2. : 1) The Macmillan English Dictionary, 2003. 2) Longman Exams Dictionary, 2006. 3) Longman Dictionary of Business English, 1993. 4) - : 3- ./ . .., 1995. 5) - . ... , . 6) .., .. - ,-.,2000. 7) .., .. - . - .,1998. 3. : 1) Sidney Sheldon. Rage of angels. Pan,1980. 2) .. , , 2007. social acceptance span spouse to stigmatise to stipulate subsistence tenancy tenants in common tripartite arrangement undermine vulnerable position quasi-marital rights guardianship mortgage vest

39

MODULE 2

INTELLECTUAL PROPERTY LAW


LESSON 1 A. READING 1 Task 1. Read the text, pay attention to the underlined words, try to learn them. KEY VOCABULARY asset (n) intellectual property(n) invention (n) image (n) artistic work (n) statutory (a) dissemination (n) application (n) embody (v) afford (v) distinguish (v) advertising (n) literary (a) cyberspace (n) digital (a) -, - - -, - - -, -, -, (- ) -, -. - , - - -

What is intellectual property?


Intellectual property (IP) is the information and original expressions of creative individuals:

40 inventions; literary and artistic works; symbols; images; names; and designs used in commerce. Intellectual property is an asset that can be bought, sold, licensed, or given away at no cost. Intellectual property is the group of legal right things that people create or invent. Countries have laws to protect intellectual property for two reasons. One is to give statutory expression to the moral and economic rights of the public in access to those creations. The second is to promote creativity, dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. Intellectual property law aims at safeguarding creators and producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions. Those rights do not apply to the physical object in which the creation may be embodied but instead to the intellectual creation. The basic forms of intellectual property are copyrights, patents, trademarks, and trade secrets. The copyright exists to protect original works of authorship, such as books, movies, sound recordings and computer programs. Copyright. Copyright is a legal term of the economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies, and to perform or display the work publicly. Copyrights offer the protection for music, films, novels, poems, architecture, and other works of cultural value. Patent. A patent gives an inventor the exclusive right to prevent others from making, using, and selling a patented invention for a fixed period of time. A patent protects the development and distribution of new technologies. Trade secrets. A trade secret is any information used in the operation of business that is valuable to afford an actual or potential economic advantage such as a database of customers, advertising strategies, distribution processes. Trademarks. A trademark is a word, phrase, symbol or design; or combination of words, phrases, symbols or designs; that identifies and distinguishes the source of goods or services. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a

41 product. Normally, a trademark appears on the product or on its packaging, while a service mark appears on advertising for the services. Other forms of Intellectual property. Some countries protect geographical indications for goods (French cognac, Scotch whiskey). Geographical indications identify geographical origin of goods, where a given quality, reputation is essential attribute to geographic origin. The new forms of Intellectual property sometimes arises. Multimedia productions comes within the notion of creations in the literary, scientific and artistic domain. Internet addresses, domain names indicate unique locations in cyberspace. The combination of sound, text and images in a digital format which is made by a computer program. B. COMPREHENSION AND LANGUAGE IN USE Task 2. Agree or disagree with the following statements. Make the false statements true. 1. A trademark gives an inventor the right of making and selling a patented invention. 2. Intellectual property refers to creations of mind. 3. The key forms of intellectual property are copyright, patent, trademarks, geographical indications . 4. Advertising strategies, a database of customers, distribution processes and a domain name is a trade secret. 5. The terms trademark and mark are commonly used to refer to both trademarks and servicemarks. 6. Intellectual property can not be bought, sold or given away to another people. 7. The new forms of Intellectual property hardly ever arises. Task 3. Answer the questions: 1. What does the intellectual property means? 2. Which reasons of protecting intellectual property do countries have? 3. What does intellectual property law protect? 4. What is copyright? 5. What right does the patent give to an inventor? 6. What are other forms of intellectual property? Task 4. Insert one of the following words into text:

42 high-tech products, inventors, patent, innovator, reveal, learn , sell, benefit Patents protect diverse inventions such as industrial designs, manufacturing processes, ________, and molecular compounds. Like copyrights, patents were recognized in the U.S. Constitution. The Constitution granted Congress the powers to promote "the progress of science and useful arts" by providing__________ the limited but exclusive right to their "discoveries." The concept of a________ is based on a trade-off. The inventor or _________ is given the exclusive right to make or use the invention for a limited period of time. In exchange, most countries' rules require the inventor to________ the method behind the invention so that others may understand and _________ from it. After the exclusive period of time elapses, anyone can make, use, or _______ the invention. The inventor is granted an economic incentive to take risks and create; the public receives the ______ of the invention, as well as the inventor's knowledge for application in other uses. C. READING 2 Task 5. Read the text and discuss the following questions.

The Two Branches of Intellectual Property: Industrial Property and Copyright


Intellectual property is usually divided into two branches, namely industrial property, which protects inventions, and copyright, which protects literary and artistic works. Industrial property takes a range of forms. These include patents to protect inventions, and industrial designs, which are aesthetic creations determining the appearance of industrial products. Industrial property also covers trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, as well as geographical indications, and protection against unfair competition. Copyright relates to artistic creations, such as books, music, paintings and sculptures, films and technology-based works such as computer programs and electronic databases. In most European languages other than English, copyright is known as authors rights. The expression copyright refers to the main act which, in respect of literary and artistic creations, may be made only

43 by the author or with his authorization. That act is the making of copies of the work. The expression authors rights refers to the creator of the artistic work, its author. It thus underlines the fact, recognized in most laws, that the author has certain specific rights in his creation which only he can exercise (such as the right to prevent a distorted reproduction). Other rights (such as the right to make copies) can be exercised by other persons, for example, a publisher who has obtained a license from the author. While other types of intellectual property also exist, it is helpful for present purposes to explore the distinction between industrial property and copyright in terms of the basic difference between inventions and literary and artistic works. Inventions may be defined in a non-legal sense as new solutions to technical problems. These new solutions are ideas, and are protected as such; protection of inventions under patent law does not require that the invention be represented in a physical embodiment. The protection accorded to inventors is, therefore, protection against any use of the invention without the authorization of the owner. Even a person who later makes the same invention independently, without copying or even being aware of the first inventors work, must obtain authorization before he can exploit it. Unlike protection of inventions, copyright law protects only the form of expression of ideas, not the ideas themselves. The creativity protected by copyright law is creativity in the choice and arrangement of words, musical notes, colors and shapes. So copyright law protects the owner of property rights against those who copy or otherwise take and use the form in which the original work was expressed by the author. From this basic difference between inventions and literary and artistic works, it follows that the legal protection provided to each also differs. Since protection for inventions gives a monopoly right to exploit an idea, such protection is short in duration usually about 20 years. The fact that the invention is protected must also be made known to the public. There must be an official notification that a specific, fully described invention is the property of a specific owner for a fixed number of years; in other words, the protected invention must be disclosed publicly in an official register. Since the legal protection of literary and artistic works under copyright, by contrast, prevents only unauthorized use of the expressions of ideas, the duration of protection can be much longer than in the case of the protection

44 of ideas themselves, without damage to the public interest. Also, the law can be and in most countries is simply declaratory, the law may state that the author of an original work has the right to prevent other persons from copying or otherwise using his work. So a created work is considered protected as soon as it exists, and a public register of copyright protected works is not necessary. Intellectual property is a part of personal property. How can you define this form of property ? What does the subject involve? How can you explain that the law of protection can be declaratory? What are negative and positive points in legal protection? Why should anyone be allowed to keep their competitors out of the market for about 20 years? What are similarities and differences between the two branches of Intellectual Property?

LESSON 2 KEY VOCABULARY anti-trust law resort to coincidental deliberate act skirmishing (n) realm (n) bundle (n) entitle (v) rationale (n) adjourn (v) trial (n) endure (v) give ones teeth A. READING

HISTORICAL BACKGROUND

, , , () ( ) ,

45 Task 1. Before you read the text answer the questions. Then read the text and check your answers. 1. Is the idea of Intellectual property a recent trend ? 2. When did the history of Intellectual property start? 3. Where did the first law providing for the grant of exclusive rights appear? 4. When did the English Parliament pass the statute of monopolies? 5. Is a patent system a contract between the invention and society? 6. When did patents come back into favor in the USA? 7. When was the first antitrust law enacted? In medieval times, the grant of exclusive rights "monopolies" by the sovereign had been a convenient way in which the sovereign could raise money without the need to resort to taxation. Such grants were common in many European countries. Some of these, for example in mining regions or in respect of production of certain textiles seem to have had a relation to innovations. Although there seems to have been an earlier law directed specifically at inventions relating to the manufacture of silk, the first law providing for the grant of exclusive rights for limited periods to the makers of inventions in general as a deliberate act of economic policy seems to have been in Venice in 1474. It does not seem coincidental that this was during a long war between Venice and the Turks during which Venice lost most of its trading empire in the Eastern Mediterranean and consequently had to refocus its economy on manufacture rather than trade. In 1624 as part of the skirmishing between Parliament and the Crown leading up to the English Civil War, the English Parliament passed the statute of monopolies. This had the effect of limiting the power of the Crown to the grant of monopolies to making such grants only to inventions for limited periods (14 years - the duration of two training periods for craft apprentices) and most importantly only for "manners of new manufacture" that were introduced into the realm by the recipient of the monopoly. Such grants were, however, conditioned on their not being "mischievous to the state" (for example by raising prices of commodities) or "generally inconvenient" As noted above the original English approach, which was followed in the American Constitution, was to place emphasis on the advantage to society as a whole of developing new inventions. Section 1 of the French law of 1791 took a somewhat different approach: "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of

46 his discovery, there shall be delivered to him a patent for five, ten or fifteen years". The emphasis here was on the inventor having property in his discovery - an emphasis on the rights in the invention rather than on the benefits to society. Today this approach is of limited importance in the patent field but it is still significant in the area of copyright - where the Anglo Saxon approach is focused heavily on the bundle of economic rights associated with control over whether others are entitled to copy a work, whereas the French approach focuses more heavily on the moral rights of authors - a fact that is emphasized by the fact that the word generally used as the French translation of the word "Copyright" is "droit d'auteur" (literally Author's Rights). Modern thinking on the rationale for a patent system effectively sees this as a contract between the invention and society at large. This was well expressed in a report to the French Chamber of Deputies in the debates preceding adoption of the French Patent Law of 1844 (a law that remained in effect with little change up to the 1960's): "Every useful discovery is, in to Kant's words 'the presentation of a service rendered to Society'. It is, therefore, just that he who has rendered this service should be compensated by Society that received it. This is an equitable result, a veritable contract or exchange that operates between the authors of a new discovery and Society. The former supply the noble products of their intelligence and Society grants to them in return the advantages of an exclusive exploitation of their discovery for a limited period". The United States Constitution, on which U.S. Patent Law depends, was drafted at the height of the industrial revolution at a time when the impact of patents was first being seriously felt in England. Additionally, while the Constitution was being drafted in Philadelphia, John Fitchs steam boat was undergoing trials on the Delaware River and the Constitutional Convention apparently adjourned one afternoon to watch them. A pro-patent climate endured in the United States through much of the nineteenth century leading to the comments by President Lincoln and Mark Twain noted above. However, the last two decades of the nineteenth century and the twentieth century have seen a number of climate changes. In the last two decades of the nineteenth century there was a period of economic depression and increasing concern about the power of "big business" leading to the passage of the Sherman Antitrust Act in 1890. This climate was reflected in the patent field by an increasing tendency of the courts to hold patents invalid.

47 By the late 1890's the depression had run its course and patents came back into favor with the reviving economy. In general the twentieth century has seen a dynamic interrelationship between the patent system and the application of antitrust laws. Although the first antitrust law, the Sherman Act, was enacted in 1890, the courts did not start to give it teeth until Theodore Roosevelts administration (1901-1909). It was not until the 1930's that the patent system started to come under attack, being viewed as assisting in the maintenance of monopolies that were seen as being at least a contributing factor to the economic misery of the thirties. This skepticism about the patent system survived World War II and blossomed again in the depressed economic conditions of the 1970's, a period of strong anti-trust enforcement. B. COMPREHENSION AND LANGUAGE IN USE Task 2. Give English equivalents: --------------------------- ------------------------------------- ---------------------------- ------------------------------ ------------------------------- --------------------------------------- -------------------------------- --------------------------------Task 3. Use the words in brackets in correct forms: The English Parliament ( pass) the statute of monopolies in 1624. The original English approach ( to be) to place emphasis on the advantage to society as a whole of developing new inventions. Section 1 of the French law of 1791 ( take) a somewhat different approach: "All new discoveries ( to be) the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there ( deliver) to him a patent for five, ten or fifteen years". The Anglo Saxon approach ( ( focus) heavily on the bundle of economic rights. Kant who (render) this service should ( compensate)by Society . The United States Constitution, on which U.S. Patent Law depends, (draft ) at the height of the industrial revolution. While the Constitution ( draft ) in Philadelphia ,John Fitchs steam boat was undergoing trials on the Delaware River and the Constitutional Convention apparently ( adjourn) one

48 afternoon to watch them. The twentieth century ( see ) a number of climate changes. Task 4. Insert the correct prepositions: 1. Some grants have had a relation ... innovations. 2. The first law providing ... the grant of exclusive rights ... limited periods ... the makers of inventions. 3. An emphasis ... the rights ... the invention rather than ... the benefits ... society. 4. Anglo Saxon approach is focused ... the bundle of economic rights associated ... control . 5. The French approach focusses more heavily ... the moral rights of authors. 6. Society grants ... them in return the advantages of an exclusive exploitation of their discovery ... a limited period. 7. There was a period ... economic depression and increasing concern ... the power of "big business" leading ... the passage of the Sherman Antitrust Act in 1890. Task 5. Find words or phrases in the text which are similar in meaning to the definitions below. 1) suitable for ones purpose or needs. 2) a person exercising supreme authority, esp. a monarch oh sovereign. 3) the act or principle of levying taxes or the condition of being taxed. 4) something new introduced, such as a new method or device 5) to give someone smth. that they asked for, especially official permission to do smth. 6) a fight between small groups of soldiers. 7) the length of time that something lasts. 8) someone who works for a skilled or qualified person in order to learn a trade 9) a person who composes a book, article, or other written work. 10) The transformation in the 18th and 19th centuries into industrial nations. 11) to make something become popular again, or make something exist again. 12) an official document that says that one person or company has the right to make or sell a new invention or product. 13) intense unhappiness, discomfort, or suffering.

49 LESSON 3 A. READING Task 1. Read the text and answer the questions:

What is a patent?
Through a patent, the government gives you, the inventor, the right to exclude others from making, using or selling your invention from the day the patent is granted to a maximum of 20 years after the day on which you filed your patent application. You can use your patent to make a profit by selling it, licensing it or using it as an asset to negotiate funding. In exchange, you are expected to provide a full description of the invention so that all Canadians can benefit from this advance in technology and knowledge. The Patent Office will lay open your application to public inspection 18 months from the earlier of: a) your filing date in Canada; or b) your filing date abroad under an international treaty; this date is known as the "convention priority date" People may read about, though not make, use or sell, your invention without your permission. Only after your patent has expired, or lapsed for nonpayment of maintenance fee, may anyone freely make, use or sell your invention. The idea is to promote the sharing of technological information while giving you a monopoly on your creation. To sum up, a patent is: 1) a document protecting the rights of the inventor; 2) a repository of useful technical information for the public. The rights conferred by a Canadian patent extend throughout Canada, but not to foreign countries. You must apply for patent rights in other countries separately. Conversely, foreign patents do not protect an invention in Canada. Questions: 1. How can you use your patent? 2. What is the convention priority date? 3.When may anyone use your invention? 4. What is a patent? 5. Do foreign patents protect an invention in Canada? 6. Do Canadian patents protect an invention in foreign countries? 7. What kind of advance can Canadians benefit from? B. COMPREHENSION AND LANGUAGE IN USE Task 2. Match the definitions (1-5) with forms of intellectual property (ae).

50

People occasionally confuse patents with trade-marks, copyrights, industrial designs and integrated circuit topographies. Like patents, these are rights granted for intellectual creativity and are forms of intellectual property: 1) a trade mark; 2) industrial designs; 3) patents; 4) copyrights; 5) integrated circuit topographies. a) these cover new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an existing invention; b) this term is a word, symbol or design (or any combination of these features), used to distinguish the wares or services of one person or organization from those of others in the marketplace; c) these provide protection for literary, artistic, dramatic or musical works (including computer programs), and three other subject-matter known as: performance, sound recording and communication signal; d) these are the visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of manufacture; e) these refer to the three-dimensional configuration of the electronic circuits embodied in integrated circuit products or layout designs. Task 3. Read the text and answer the question. Suppose you are the proud inventor of an electric door lock. How do you know if you can obtain a patent for it? There are three basic criteria for patentability. First, the invention must be new (first in the world). Second, it must be useful (functional and operative). Finally, it must show inventive ingenuity and not be obvious to someone skilled in that area. The invention can be a product (a door lock), a composition (a chemical composition used in lubricants for door locks), an apparatus (a machine for making door locks), a process (a method for making door locks), or an improvement on any of these. Ninety percent of patents are, in fact, for improvements to existing patented inventions. A patent is granted only for the physical embodiment of an idea (e.g. the description of a plausible door lock) or for a process that produces something saleable or tangible. You cannot patent a scientific principle, an abstract theorem, an idea, a method of doing business, a computer program per se, or a medical treatment. Can you patent 1 new kind of door lock?

51 2 3 5 6 7 8 E=MC2 ? apparatus for building door locks? Romeo and Juliet? method of making door locks? a business plan? improvements on any of these?

C. TRANSLATION Task 4. Translate into English. : - , , , . - . . ( , , ) . / . 10 . . , , . (identical) . , . , , , . , , , 70 . , . .

52 . , , . , / LESSON 4 A. READING Task 1. Read the text and answer the questions. KEY VOCABULARY arbitrary (a) whimsical (a) suggestive (a) descriptive (a) misleading (a) misdescriptive (a) infringement (n) presumption (n) ,

Trademark
According to the United Kingdom government, the first trademark legislation was enacted in the late nineteen century. In the United States, the first federal trademark legislation was enacted in 1870. A trademark is a word, phrase, symbol, design or combination of words, phrases, symbols. A trademark identifies the source of service rather than a product. A trademark appears on the product or on its packaging, while a service mark appears on advertising for the services. Marks can be divided into several categories: arbitrary or whimsical, suggestive, descriptive. Arbitrary and Whimsical Marks have no obvious association with a particular good or service. Suggestive Marks require the consumer to think over to understand the association between the mark and the product. Descriptive marks describe a product or service through use of a Surname or a geographical word. It may be difficult to register. Trademarks may be granted in titles that identify books or movies. Trademarks are not granted in generic words, phrases, symbols or designs;

53 amoral or scandalous words, phrases, symbols or designs; false, misleading or misdescriptive words, phrases, symbols, designs. Trademark are not granted in a domain name. The domain name is considered only an address. The use of domain names including trade or service marks is trademark infringement, just like the use of trademark without a license. You may apply for registration of a trade or service mark after you use a mark on a product on in promotion of a service performed. You may register your companys intention to use a mark prior to its use and the complete application with a sample oft its use in commerce. National registration protects your trademark rights, giving your company a legal presumption of first use of the mark in association with particular goods or services. When you apply for registration of a mark, you must submit an application form, drawing of the mark and sample of the mark as you have used it to identify your companys product or service. Receiving full registration of a mark usually takes several years. Task 2. Answer the questions: 1. What is a trademark? 2. When do you get a trademark? 3. What is required to get a trademark? 4. Which marks are easily registered? 5. What categories do the following trademarks fall under: a. Yahoo! b. Creyhound Buses c. Smiths plumbing d. Napa Vally Chardonnay B. WORD FORMATION Task 3. Form the opposites of the following words. For example: unimportant unirrespective comparable repeatable honest real authentic ilindisimtruthful sincere clear legible comprehensible suitable

54 pleasant adequate considerable perfect partial favourable attractive complete

Task 4. Collocate the following nouns with the adjectives from the task 3. For example: unimportant details He cut out unimportant details. Facts, goods, information, people, customers, a company, competitors, interpretation, investigation, title, obligation, condition, text, circumstances, inquiry, idea, witness, conditions, evidence, professions, phrase, details. C. TRANSLATION Task 5. Translate into Russian. Before investing money in registration, advertising and branding of rhe mark, domain names a business may want to ensure that there are not others with usage rights greater to its own. 2. Absence of a mark from the database does not ensure that there are not others with priority of rights to use the mark. 3. A full trademark search will include phone books, newspapers, the Internet, state trade name registrations, the USPTO* and others sources. 4. You can obtain worldwide trademark searches through professional trademark search companies. 5. The USPTO database is usually about six months behind showing application and registration status. 6. A trademark search is not a requirement of registration. If you choose to apply without a trademark search, you are taking two risks: - the USPTO may reject your mark you are unaware of and - after application and registration, a party with earlier usage rights may try to assert a right to use the mark, which is greater than yours and to stop your use. 7. If you perform a search and obtain results showing conflicting marks, you would not be able to honestly submit the sworn oath* on the application. ---------------------------------------------------------------the USPTO United States Patent and Trademark Office . a sworn oath - D. READING 2 1.

55 Task 6. Read the text and answer the questions below.

The Role of WIPO


The World Intellectual Property Organization (WIPO) is an international organization dedicated to promoting creativity and innovation by ensuring that the rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are thus recognized and rewarded for their ingenuity. As a specialized agency of the United Nations, WIPO exists as a forum for its Member States to create and harmonize rules and practices to protect intellectual property rights. Most industrialized nations have protection systems that are centuries old. Many new and developing countries, however, are now building up their patent, trademark and copyright laws and systems. With the rapid globalization of trade during the last decade, WIPO plays a key role in helping these new systems to evolve through treaty negotiation, legal and technical assistance, and training in various forms, including in the area of enforcement of intellectual property rights. The field of copyright and related rights has expanded dramatically as technological developments have brought new ways of disseminating creations worldwide through such forms of communication as satellite broadcasting, compact discs, DVDs and the Internet. WIPO is closely involved in the on-going international debate to shape new standards for copyright protection in cyberspace. WIPO administers the following international treaties on copyright and related rights: Berne Convention for the Protection of Literary and Artistic Works Brussels Convention Relating to the Distribution of ProgramCarrying Signals Transmitted by Satellite Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations WIPO Copyright Treaty (WCT) WIPO Performances and Phonograms Treaty (WPPT) WIPO also provides an Arbitration and Mediation Center, which offers services for the resolution of international commercial disputes between private parties involving intellectual property. The subject matter of these

56 proceedings includes both contractual disputes (such as patent and software licenses, trademark coexistence agreements, and research and development agreements) and non- contractual disputes (such as patent infringement). The Center is also now recognized as the leading dispute resolution service provider for disputes arising out of the abusive registration and use of Internet domain names. Questions: 1. What is a role of WIPO? 2. How does WIPO protect Intellectual Property rights? 3. What does WIPO administer? 4. Which services does WIPO provide? E. PROJECT WORK Task 7. Go to www.wipo.int. Find in the Internet some interesting facts concerning registration of trademarks and answer the questions: - How is a trademark registered ? - How extensive is trademark protection? - What does a trademark do? - What kinds of trademarks can be registered?

LESSON 5

COPYRIGHT AND DESIGNS

A. READING Task 1. Read the text and make up questions to it. Copyright protects the expression of an idea, not the idea itself. If one has an idea for a story, that idea, while still in his head, or communicated to someone else in speech, will not be a copyright work; once it is committed to paper or some fixed form it becomes a work in which copyright can exist. Copyright is a right that arises automatically upon the creation of a work that qualifies for copyright protection. There is no registration process. This means that there is no registration certificate to prove ownership of copyright. To prove ownership, the author will need to produce original and dated evidence of the creation of the work and proof of authorship. The author will need to show that he is a qualifying person or that the work was first published in a Convention country. The works that may qualify for copyright protection are defined in s.1 of the 1988 Act. These are original literary, dramatic, musical, and artistic works;

57 sound recordings, films and broadcasts; typographical arrangements of published editions. Books, magazines, articles and poems are literary works. Literary works include works that are spoken or sung, s.3 (2) of the 1988 Act says that copyright will not exist in a literary work until it has been recorded in writing or otherwise. Dramatic works include a work of dance or mime. The word dramatic requires an element of performance accompanied by action. Narration of a poem or singing of a song without action and the improvisation of a performer will not be dramatic works. An original musical work is defined as a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music. The dictionary definition of music as given in the Oxford English Dictionary is the art or science of combining vocal and instrumental sounds to produce beauty of form, harmony, melody, rhythm, expressive content, etc.. The musical work must be recorded in some fixed form for copyright to exist. Artistic works are defined as being a graphic work, photograph, sculpture or collage irrespective of artistic quality, a work of architecture being a building or a model for a building or a work of artistic craftsmanship. Graphic work is any painting, drawing, diagram, map, chart or plan and any engraving, etching, lithograph, wood cut or similar work. Sculpture includes a cast or model made for the purposes of sculpture. Other artistic works that have been protected as copyright works are: the design of a trade mark, dress and knitting patterns and a signature. B. COMPREHENSION AND LANGUAGE IN USE Task 2. Match the definitions with their English words and translate them into Russian: 1. broadcast 2. first published a) the right to prevent others from reproducing a work. b) a transmission by any electronic means which is transmitted either for reception by members of the public or for presentation to members of the public. c) an EU citizen or citizen of another Convention country or a company incorporated in such a country. d) when copies of the work made

3. copyright 4. qualifying person

58 with the permission of the copyright owner are issued to the public. e) a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music. f) any work, other than a dramatic or musical work, which is written, spoken or sung. g) a graphic work, photograph, sculpture or collage. h) includes a work of dance or mime. i) a recording of sounds from which the sounds may be reproduced. j) a recording on any medium from which a moving image may by any means be produced. k) the whole or part of any literary, dramatic or musical work.

5. artistic work

6. dramatic work 7. literary work 8. musical work 9. film 10. published edition 11. sound recording

Task 3. Use the words from the task 2 to make up the sentences of your own. C. TRANSLATION Task 4. Translate the following part of the agreement between the Licensor and the Licensee in a written form. 1. In accordance with the terms and conditions of the agreement the Licensor shall provide the Licensee, for the term of Agreement and for a paid remuneration, wit the nonexclusive right to use the Trademark on the Territory, and the Licensee shall fulfill the commitments under the agreement and pay the remuneration due to the Licensor. 2. The Licensee shall be vested with the nonexclusive right to use the trademark only in relation to classes of goods and services specifies at the Registration Certificates. 3. Rights and liabilities of the Licensor: - to render advisory assistance to the Licensee regarding the usage of the Trademark and retail technologies.

59 - to render required assistance in promotion of goods marked with the trademark, in particular, by providing of layouts or ready materials for promotional campaigns and participation in official presentations of such goods. - to provide advertising support for goods marked with the Trademark in mass media. The procedure of such advertising support shall be governed on the basis of the supplementary agreement. - to control constantly that the licensee complies with conditions of goods manufacture and sale under the Agreement. 4. Rights and liabilities of the Licensee: - to provide fabrication, tailoring, and manufacture of Goods taking into consideration the provisions of the Agreement - to vest sublicensees, wholesale or retail customers of Goods with the right to use the Trademark on the Territory. - to use the Trademark on Goods, Goods packages, accompanying documents for Goods/ package and business or other documents, and in advertisements. - to use the Trademark for wholesale or retail only at company shops owned by the Licensee or sublicensees, or lawful customers of goods from the sublicensees agreed with the Licensee. D. DISCUSSION Task 5. Work in pairs and discuss the following questions. 1. If you have a copyright in a written expression of your idea, what can you stop others from doing? 2. Can you stop anyone from directly or indirectly copying the whole or substantial part of your copyright work? 3. Can you stop anyone from borrowing your idea ? 4. Can you stop anyone who, independently, and without reference to your work, produces an extremely similar or identical work? 5. How does an individual obtain copyright in their work? 6. Why is the nationality of the person creating the work so important? E. RENDERING Task 6. Render the article

60 . , . , ( ), , . , , ? (compensation) ? . , 4 , , . 1295 . : 3.1. , , , () . 3.2. . 3.3. (official matter) . , . ? : 1) 2) 3) 4) (immunity) (publish) ; ; ; .

, , , , , . 1255 . .

61 . LESSON 6 INTELLECTUAL PROPERTY CRIME

A. READING Task 1. Read the text and answer the questions below it. Intellectual property crime (IPC) is the counterfeiting and piracy of trade marked and copyrighted products and services. Fake products occur in abundance in all industry sectors including designer fashion, luxury goods, electrical equipment, audio visual, toys, games, drinks, cigarettes, pharmaceutical products and automotive parts. The range of goods being copied and illegally reproduced is growing, extending to such diverse products as counterfeit razor blades, motorbikes and crane spare parts. The threat extends to organised crime and has a serious impact on the economy, harms consumers and local communities. There is a serious threat to consumer safety, where goods have not undergone product safety testing. Both the economy of country and businesses are suffering from IPC. The seriousness of this impact should not be underestimated. For example the liquidation of Apolo Video Film Hire Ltd which had over 100 rental shops. The impact from piracy and illegal downloading were amongst the principal reasons leading the firm to stop trading. There is the impact on local communities. Criminals are using illegal immigrants to sell pirated goods. Criminals are exploiting children and grooming them into a criminal lifestyle. There is also the loss of revenue to Government in taxes. This is difficult to quantify, but tax losses range from corporate tax to VAT and excise tax on alcohol and cigarettes. An estimate of 2 billion cigarettes were counterfeit and that the total trade of 18.5 billion non UK duty paid cigarettes cost the taxpayer $ 2.9 billion. In the EU the statistics for 2006 show that the number of cases taken by customs involving goods infringing intellectual property rights have increased dramatically since the previous year. In 2006 customs intercepted more than 128 million counterfeit and pirated articles involving over 37,000 cases. The EU records that almost 60% of articles seized in 2006 were cigarettes. The amount of other goods seized has jumped by 25% compared to 2005. Organised crime groups are involved in the distribution of counterfeit DVDs. The British music industry released new piracy figures based on the purchasing behaviour of the buyers of fake CDs. The industrys losses from commercial music piracy in the UK amount to $ 165 m in retail value. Global Software Piracy Study shows that rates of illegal software use within the EU remain around 36% with losses to industry of around

62 $1billion. The internet has facilitated a startling growth in volume and breadth of illicit trade. The music industry suffers from two problems, infringing optical disc production on an industrial scale and the use of record or sell infringing content. The counterfeiting and piracy are global phenomena. 79% of all articles seized originate from China. A small percentage of high grade counterfeit music products are manufactured in genuine CD plants. Most of the product is home produced. These products originate largely from Russia. Large quantities of electrical goods are entering the UK from the Far East. American International Ltd (Bench and Hooch trademarks) have noted that counterfeits of their products and generic items are being imported from India, Pakistan and Turkey. Physical copies of films, music, games and software are less likely to be imported into the country. These products are manufactured in the UK for distribution online and physical markets. 1. What is IP crime? 2. What areas does IP crime occur in? 3. What harm is caused by IP crime? 4. Compare the crime rate in 2005 and 2006. 5. Where do counterfeit products mostly originate from? Why? B. WORD STUDY Task 2. These verbs are used to describe movement or trends. Put them in the correct category: upward, downward or other form of movement. Climb, decline, decrease, dive, drop, double, expand, edge up, edge down, fall, fluctuate, go down, go up, grow, halve, hit a low ,improve, increase, increase tenfold, pick up, plunge, quadruple, raise, reach a high, recover, rise, remain stable, stabilize, stay the same, triple. Upward: Downward: Other: Task 3. Note the difference between RISE and RAISE to rise ( without an object) to raise ( with an object)

63

The number of copycat products has risen to 2.3 million. Apolo Video Film Hire Ltd raised prices last year. DVDs prices rose again in April. They havent raised prices since March 2006. Think of some more examples with these words. Task 4. Read the following sentences and check whether rise and raise have been used correctly. If not, correct sentence. 1. The local authorities rose tax in December 2007. 2. The industrys losses from commercial music piracy will raise again this year. 3. Why did they rise their prices last November? 4. Taxes have risen by 10% in the past two years. 5. Counterfeiting raised to a record high at the beginning of this year. Task 5. Describing trends. We can use various language means to describe trends. Read the following information and try to memorize it. 1. Different verb forms The figures show a negative trend. (present simple) Both the economy of country and businesses are suffering from IPC.( present continuous) The amount of other goods seized has jumped by 25%. (present perfect) In 2006 customs intercepted more than 128 million counterfeit and pirated articles. (past simple) 2. Prepositions Losses have gone up from 12 million to 14 million euros. The range of copycat products grew by 10% last year. Taxes rose 14% to 165 million euros. There has been an increase in annual sales of $ 1 million. Last year profits stood at 2.7 billion pounds. 3. We can use adjectives and adverbs. Adjective + nouns

64 There was a sudden increase in counterfeiting. In 2006, we noticed a moderate fall. This was followed by a gradual drop. Verbs + adverbs Taxes increased slightly in April. Over the past two years the number has increased significantly. Last month the profit rose steadily. Task 6. Make up collocations and write 5-6 sentences using them. drastic temporary increase improve grow decrease fall drop steady gradual significantly fluctuation steadily decline considerably fall sharply dramatically slightly recovery Task 7. Choose the correct preposition to fill the gaps. around , at, between, by, from, in, of, to (x2), until

The pie chart shows the sales figures for the EU market 1)______2007. In the first quarter, sales averaged 2)________ 60,000 and 62,000 euros. In April, sales increased 3)________ 71,000 euros and remained steady 4)________ the end of the second quarter. In the third quarter we notice a sharp rise

65 5)________ 71,000 6)________82,000 euros, an increase 7) ________ almost 50%. In autumn, sales fluctuated 8)________ the 80,000 euro mark. This was followed by a slight decline in December, with sales falling 9)______ 10%, reaching 72,000 euros 10)________ the end of the year. C. WRITING Task 8. Evaluate the tendency of Global Piracy using different verbs, which describe trends. 2006 Global Software Piracy Study: Europe-released May 2007 Western Europe Piracy Rates Losses ($M) 2006 2005 2004 2006 2005 2004 ...................................................................................................................... France 45% 47% 45% 2,676 3,191 2,928 Germany 28% 27% 29% 1,642 1,920 2,286 ...................................................................................................................... Italy 51% 53% 50% 1,403 1,564 1,500 ..................................................................................................................... Spain 46% 46% 43% 865 765 634 United Kingdom 27% 27% 27% 1,670 1,802 1,963 ...................................................................................................................... Total Europe 36% 36% 35% 11,003 12,048 12,151

LESSON 7

PASSING OFF

A. READING Task 1. Read the text and be ready to do the tasks below. KEY VOCABULARY Claimant (n) Goodwill Dilution (n) Fortified (a) Mediocre (a) Pass off (v) , ( ) , ,

66 Authentic (a) Pretended (a) Tort (n) ,

The practice of passing off involves one trader giving consumers the impression that his goods are those of another trader who has an established goodwill. A trader indicates that his goods are of the same quality as those of another trader or a trader creates the impression of association with another trader. For example, an existing trader has a reputable and popular product or service, another trader will hope to take advantage of the goodwill that has been established in that product or service, by confusing customers into purchasing his goods instead of those of the famous trader. The famous trader suffers lost sales as consumers buy goods from the trader who is passing off, believing them to be the same as those goods of the authentic trader. The pretended traders goods are not of the same standard, there is damage as customers will undertake that the substandard goods come from the genuine trader. There is a loss of sales with a loss of reputation. Honest traders are protected against such activities by the law of passing off. Passing off is a tort. It provides common law protection of brand names. The traditional form of passing off is where the defendant gives the customers the impression that goods sold are actually those of the plaintiff. The defendant passes off his goods as those of the plaintiff. Two cases sum up the protection against of passing off. The producers of French champagne took action against the producers of Spanish champagne. The plaintiffs argued that they were the people entitled to use the word champagne as it was the name of product from a particular region. This argument succeeded on basis that use of the word in this way could lead to dilution of the word champagne. Another passing off can be used to ensure that goods are manufactured to the quality indicated by the real name. The plaintiff made a high quality spirit-based drink called Advocaat. The defendant produced egg flip made from dried egg powder and fortified wine and called it Keelings Old English Advocaat. The defendants product was mediocre, but cheaper. This drink took away some of the plaintiffs customers. The plaintiffs main objection was that a misrepresetation was being made to customers. Using the name advocaat should mean that the drink was made to the same high quality as the plaintiff s product. Three requirements for a successful action in passing off were named by Lord Oliver as 1) the existence of plaintiffs goodwill, 2) a misrepresentation, and 3)damage to the plaintiffs goodwill or reputation.

67 B. COMPREHENSION AND LANGUAGE IN USE Task 2. Match the definitions with their English equivalents and translate them into Russian: 1.confusion 2.damage a) It is a combination of reputation built up for goods and services and customer loyalty b)the claimants customers are misled into purchasing the defendants goods and services in the belief that they come from the claimant. c) claimants must show that customers were misled because of confusion. d) it is necessary to be able to quatify the harm suffered by the claimant. e) to be or cause to be accepted or circulated in false character or identity

3. pass off 4. goodwill 5. misrepresentation

Task 3. Complete the sentences with the appropriate words from the task 2 and translate these sentences into Russian. 1. 2. 3. 4. 5. 6. 7. The common law protects ............... of a business associated with a trade name, while trade mark legislation protects rights in the actual name. The............. may be in respect of the origin of the goods, their quality, or the way in which they are made. The claimant must show ............. or probability of........... There was a need for the claimant and defendant to be in the same field of business activity before it was considered likely that there would be ............. leading to injury to goodwill. There had been an arguable case for ............ and plaintiff also had a private right under the regulation. A claimant may employ a range of methods to prove ............. leading to lost sales or dilution of reputation. Business ............. can cover the name of the goods or services in question, business methods, get up and marketing styles.

Task 4. Read the text and decide which of the statements 1-9 are true. Correct the false ones.

68

Baltika, the brewer famous for its numbered flavors of beers, faced a new challenge: a brand of cigarettes also called Baltika was spotting the Baltika logo, but it had nothing to do with the brewery. Baltika cigarettes which, just like the beer, came in flavors such as Baltika 3 and Baltika 9 were being distributed in Saint Petersburg as part of a marketing push to introduce the new brand. The brewery Baltika was displeased and sued to protect its trademark. But the makers of the cigarettes, a factory based in the Moscow region town of Podolsk, thought that the people from Saint Petersburg did not have exclusive rights for the word Baltika. The lawyers, who specialize in protecting trademarks, said that cigarette factory had little chance of surviving a court case- particularly because not just the name but the entire Baltika beer logo was used on the cigarettes. 1) Baltica is famous for its numbered flavors of cigarettes. 2) Cigarettes Baltika were distributed in the downtown of Saint Petersburg. 3) The brewery Baltica started to promote cigarettes with the same trademark. 4) Baltika defended its trademark in court. 5) The cigarette factory from Saint Petersburg is illegally using Baltika trademark. 6) The cigarette makers just used only the word Baltika. 7) The makers of cigarettes from Podolsk thought that the brewery Baltika had no right to monopolize the brand name Baltika 8) The lawyers thought that the cigarette factory would win the case in the court. 9) The brewerys officials thought that the use of their logo by cigarette company would contribute to the popularity of beer Baltika. C. RENDERING Task 5. Render the following information. // 3 . - //, 15 -,

69 , , . 15 2004 , - , . , - . , , . - -, , . , , , . - . , Sorti, BiMax, AOS. 2003 2,2 . 9 2004 21,2 . - . , MIA , 32 , . , -, // Kalina Overseas Holding B. V. //. LESSON 8 REVISION

Task 1. Match the following: a) musical work b) sound recording c) logo d) dilution e) copyright f) author g) piracy h) intellectual property i) goodwill j) counterfeiting k) invention l)

70 performance m) WIPO n) patent o) duration p) copies q) trademark r) passing off s) license t) generic name u) domain name v) trademark w) publication x) unfair competition 1. Either the real person who creates a copyrightable work or the employer, corporate or individual, of a person who creates a copyrightable work within the scope of employment, or in some circumstances, the commissioning party of certain specified types of works. A noun, "copies" means the material objects that store or fix copyrightable information other than sounds; as a verb, the act of copying. An exclusive right granted or conferred by the government on the creator of a work to exclude others from reproducing it, adapting it, distributing it to the public, performing it in public, or displaying it in public. The act of producing or selling a product containing a sham mark that is an intentional and calculated reproduction of the genuine mark. A type of violation of a strong trademark in which the defendant's use, while not causing likelihood of confusion, blurs the distinctiveness or tarnishes the image of the plaintiff's mark. The names and words that companies designate for their registered Internet web site addresses, also referred to as a "URL." The term or length of time that an intellectual property right lasts. A word used by most people to name a class or category of product or service, such as "cellular phone." The value of a business or of a line of goods or services that reflects commercial reputation. Certain creations of the human mind that have commercial value and are given the legal aspects of a property right. The human creation of a new technical idea and the physical means to accomplish or embody the idea. A permission to use an intellectual property right, under defined conditions -- as to time, context, market line, or territory. A graphic representation or symbol of a company name or trademark, usually designed for ready recognition. The term has no legal significance in the law of trademark. A category of copyrightable work expressed in notation or sounds.

2. 3.

4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

71 (1) The substitution of one brand of goods when another brand is ordered. (2) Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers. (3) Trademark infringement where there is no proof of intent to deceive but likelihood of confusion is proven. (4) In British-law countries, acts illegal under the common law, apart from registered "trademark" law, and consisting of the misrepresentation of one's goods or services as those of a competitor, usually by using a similar mark. A grant by the federal government to an inventor of the right to exclude others from making, using, or selling the invention. To recite, render, play, dance, or act a copyrighted work, including the broadcast by radio or television of a performance and the reception of such a broadcast. The act of exact, unauthorized, and illegal reproduction on a commercial scale of a copyrighted work or of a trademarked product. The distribution of copies or phonorecords of a work to the public. A category of copyrightable work consisting of the sounds that are recorded in a phonorecord. (1) A word, slogan, design, picture, or any other symbol used to identify and distinguish goods. (2) Any identifying symbol, including a word, design, or shape of a product or container, that qualifies for legal status A symbol used to identify and distinguish companies, partnerships, and businesses, as opposed to marks used to identify and distinguish goods or services. Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade. Commercial conduct that the law views as unjust.

15. 16. 17. 18. 19.

20. 21. 22.

23. One of the 16 "specialized agencies" of the United Nations system located in Geneva, Switzerland, was created in 1967 and is responsible for the promotion of the protection of intellectual property throughout the world. Task 2. Translate into Russian: 1. A number of criminal offences have been introduced to stop the production and sale of counterfeit goods.

72 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. If consumers are able to identify goods by reference to a trade mark, this will allow for repeat purchases and avoidance of low quality products. A trade mark is a sign distinguishing the goods and services of one trader from those of another. The works protected by copyright are original literary, dramatic, musical and artistic works, sound recordings, films, broadcasts and typographical arrangements of published editions. Once a patent is granted, the owner of the patent has the right to stop others dealing in the invention without his consent. The criminal economy created as a result of intellectual property crime is highly profitable for the criminals. Counterfeit medicines present a direct threat to members of the public. Making the invention, using it, or otherwise dealing with the invention all amount to acts of infringement. If the applicant has had the opportunity to prepare a patent specification, why should it not be interpreted literally for infringement purposes? The inventor is the person who devised the subject matter of the application. How is the actual inventor protected against others making a false claim on his invention? If the applicant is not the actual inventor she must justify ownership, and the inventor is entitled to be named. Intellectual property is a form of personal intangible property. The subject includes copyright, registered and unregistered trade marks, patents, registered and unregistered designs as well as the law of confidence.

Task 3. Match the following paragraphs 1-5 with the suitable headings ae. a) Moral rights b) Translation and adaptation rights c) Rights of reproduction, distribution, rental and importation d) Rights protected e) Rights of public performance, broadcasting, communication to the public, and making available to the public

73

1___________________ The principle of any kind of property is that the owner may use it as he wishes, and that nobody else can lawfully use it without his authorization. This does not mean that he can use it regardless of the legally recognized rights and interests of other members of society. Similarly the owner of copyright in a protected work may use the work as he wishes, and may prevent others from using it without his authorization. The rights granted under national laws to the owner of copyright in a protected work are normally exclusive rights to authorize a third party to use the work, subject to the legally recognized rights and interests of others. There are two types of rights under copyright. Economic rights allow the rights owner to derive financial re w a rd from the use of his works by others. Moral rights allow the author to take certain actions to preserve the personal link between himself and the work. Most copyright laws state that the author or rights owner has the right to authorize or prevent certain acts in relation to a work. The rights owner of a work can prohibit or authorize: its reproduction in various forms, such as printed publications or sound recordings; the distribution of copies; its public performance; its broadcasting or other communication to the public; its translation into other languages; its adaptation, such as a novel into a screenplay. These rights are explained in more detail in the following paragraphs. 2_____________________ The right of the copyright owner to prevent others from making copies of his works without his authorization is the most basic right protected by copyright legislation. The right to control the act of reproduction be it the reproduction of books by a publisher, or the manufacture by a record producer of compact discs containing recorded performances of musical works is the legal basis for many forms of exploitation of protected works. Other rights are recognized in national laws in order to ensure that this basic right of reproduction is respected. Many laws include a right specifically to authorize distribution of copies of works. Obviously, the right of reproduction would be of little economic value if the owner of copyright could not authorize the distribution of the copies made with his consent. The right of distribution usually terminates upon first sale or transfer of ownership of a particular copy. This means, for example, that when the copyright owner of a book sells or otherwise transfers ownership of a copy of the book, the owner of that copy may give the book away or even resell it

74 without the copyright owners further permission. Another right which is achieving increasingly wide recognition, and is included in the WIPO Copyright Treaty, is the right to authorize rental of copies of certain categories of works, such as musical works in sound recordings, audiovisual works, and computer programs. This became necessary in order to prevent abuse of the copyright owners right of reproduction when technological advances made it easy for rental shop customers to copy such works. Finally, some copyright laws include a right to control importation of copies as a means to prevent erosion of the principle of territoriality of copyright; that is, the legitimate economic interests of the copyright owner would be endangered if he could not exercise the rights of reproduction and distribution on a territorial basis. Certain forms of reproduction of a work are exceptions to the general rule, because they do not require the authorization of the rights owner. These exceptions are known as limitations on rights. An area of current debate relates to the scope of one particular limitation traditionally present in copyright laws, which allows individuals to make single copies of works for private, personal and non-commercial purposes. The continued justification for such a limitation on the right of re production is being questioned now that digital technology has made it possible to produce high-quality, unauthorized copies of works, which are virtually indistinguishable from the source and thus a perfect substitute for the purchase of authorized copies. 3________________________________ A public performance is considered under many national laws to include any performance of a work at a place where the public is or can be present; or at a place not open to the public, but where a substantial number of persons outside the normal circle of a family and its close acquaintances is present. The right of public performance entitles the author or other copyright owner to authorize live performances of a work, such as a play in a theater, or an orchestra performance of a symphony in a concert hall. Public performance also includes performance by means of recordings. Thus a musical work is considered publicly performed when a sound recording of that work, or phonogram, is played over amplification equipment, for example in a discotheque, airplane, or shopping mall. The right of broadcasting covers the transmission for public reception of sounds, or of images and sounds, by wireless means, whether by radio, television, or satellite. When a work is communicated to the public, a signal is distributed by wire or wireless means, which can be received only by persons who possess the equipment necessary to decode the signal. Cable transmission is an example of communication to the public. Under the Berne Convention, authors have the exclusive right to

75 authorize public performance, broadcasting and communication of their works to the public. Under some national laws, the exclusive right of the author or other rights owner to authorize broadcasting is replaced, in certain circumstances, by a right to equitable remuneration, although this sort of limitation on the broadcasting right is less and less common. In recent years, the rights of broadcasting, public performance and communication to the public have been the subject of much discussion. New questions have arisen as a result of technological developments, in particular digital technology, which has introduced interactive communications, whereby the user selects which works he wishes to have delivered to his computer. Opinions diverge as to which right should be applied to this activity. The WIPO Copyright Treaty (WCT). 4______________________ The acts of translating or adapting a work protected by copyright also require authorization from the rights owner. Translation means the expression of a work in a language other than that of the original version. Adaptation is generally understood as the modification of a work to create another work, for example adapting a novel to make a film; or the modification of a work for different conditions of exploitation, e.g., by adapting a textbook originally written for university students to make it suitable for a lower level. Translations and adaptations are themselves works protected by copyright. So in order to publish a translation or adaptation, authorization must be obtained both from the owner of the copyright in the original work and from the owner of copyright in the translation or adaptation. The scope of the right of adaptation has been the subject of significant discussion in recent years because of the greatly increased possibilities for adapting and transforming works which are embodied in digital format. With digital technology, manipulation of text, sound and images by the user is quick and easy. Discussions have focused on the appropriate balance between the rights of the author to control the integrity of the work by authorizing modifications, and the rights of users to make changes which seem to be part of a normal use of works in digital format. 5________________ The Berne Convention requires Member countries to grant to authors: (i) the right to claim authorship of the work, (sometimes called the right of paternity); and (ii) the right to object to any distortion or modification of the work, or other derogatory action in relation to the work, which would be prejudicial to the authors honor or reputation, (sometimes called the right of

76 integrity). These rights are generally known as the moral rights of authors. The Convention requires them to be independent of the authors economic rights, and to remain with the author even after he has transferred his economic rights. It is worth noting that moral rights are only accorded to individual authors. Thus even when, for example, a film producer or a publisher owns the economic rights in a work, it is only the individual creator who has moral interests at stake. Task 4. Render the text.


, , , , . , , , , (). . - , . . , , . , , , , , , , , , : , , . , .

77 . ( ) . , . , , (IP), , , . , . , . - , , . -, , - ( - , ) , . -, , . , , , , , , , , , . , , , . .

78 APPENDIX 1 KEYS Les.1, Task 2 1a 2h 3c 4f 5g 6d 7e 8b Les.2, Task 3. 1)passed 2)was 3)took 4)are 5)shall be delivered 6)is focused 7)has rendered 8)be compensated 9)was drafted 10)was being drafted 11)adjourned 12)has seen Les.2, Task 4. 1.to 2.for for to 3.on in on to 4.on with 5.on 6.to them for 7.of about to Les.2, Task 5. 1) convenient 2) a monarch 3) taxation 4) innovation 5) grant 6) skirmishing 7) duration 8) apprentice 9) author 10) industrial revolution 11) revive 12) patent 13) misery Les.3, Task 2. 1b 2d 3a 4c 5e Les.3, Task 3. 2,5,7, No 1,3,4,6,8 Yes Les.4, Task 3. dishonest illegible imperfect impartial incomparable insincere incomprehensible inadequate inconsiderable incomplete irrespective unrepeatable unreal unauthentic untruthful unclear unattractive unsuitable unpleasant

79 unfavourable Les.5, Task 2. 1b 2d 3a 4c 5g 6h 7f 8e 9j 10k 11i Les.6, Task 4. 1)raised 2)rise 3)raised 4)have risen 5)rose Les.6, Task 7. 1)in 2)between 3)to 4)until 5)from 6)to 7)of 8)around 9)by 10)at Les.7, Task 2. 1c 2d 3e 4a 5b Les.7, Task 3. 1) goodwill 2)misrepresentation 3)damage 4)confusion 5)passing off 6)confusion 7) goodwill Les.7,Task 4. 1F 2T 3F 4T 5F 6F 7T 8F 9F APPENDIX 2 SOURCES: 1. : 1. .., .. . . ., 2008. 2. .. . ,2001. 3. Tina Hart,Linda Fazzani&Simon Clark.Intellectual Property Law.Palgrave Macmillan,2006. 4. Peter Strutt.Market Leader.Business Grammar and Usage.Longman,2003. 2. : 1. The Macmillan English Dictionary, 2003 2. Longman Dictionary of English Language and culture,1999 3. Longman Exams Dictionary,2006 4. Oxford Advanced Learners Dictionary,2000 5. - . ..., . 6. ..,.. - .-.,2000. 3. : 1. , 2002. 2. www.ascap.com 3. www.copyright.gov

80 4. 5. 6. www.usinfo.state www.uspto.gov www.wipo.int

APPENDIX 3 VOCABULARY TO KNOW dilution adjourn dissemination afford dramatic work anti-trust law embody application endure arbitrary entitle artistic work goodwill authentic infringement asset invention claimant fortified coincidental literary work copyright mediocre counterfeit

misdescriptive misleading pass off patent presumption pretended rationale realm resort to statutory tort whimsical

81

MODULE 3
LESSON 1

INTERNATIONAL LAW
INTERNATIONAL LAW OVERVIEW

A. KEY VOCABULARY Task 1. Memorize the following new words and expressions. implicit , explicit , , in adherence to maritime law () treaty labor supply supranational , asylum , , conventional law B. READING 1 Task 2. Read the text and be ready to do the tasks below. 1. International law is the term commonly used for referring to the system of implicit and explicit agreements that binds together nation-states in adherence to recognized values and standards, differing from other legal systems in that it concerns nations rather than private citizens. However, the term "International Law" can refer to three distinct legal disciplines: 1) public international law, which involves, for instance, the United Nations, maritime law, international criminal law and the Geneva conventions. Public international law (or international public law) concerns the relationships between subjects of international law, including sovereign nations, international organizations, and in some cases, movements of national liberation. The norms of international law have their source in either custom (consistent state practice with opinio juris), or conventional agreements, i.e., treaties. 2) private international law (or conflict of laws), which addresses the questions of (1) in which legal jurisdiction may a case be heard; and (2) the law of which jurisdiction(s) apply to the issues in the case. The conflict of laws, often called "private international law" in civil law jurisdictions, is less

82 international than public international law. It is distinguished from public international law because it governs conflicts between private persons, rather than states. Today corporations are increasingly capable of shifting capital and labor supply chains across borders, as well as trading with overseas corporations. This increases the number of disputes of an inter-state nature outside a unified legal framework. In recent years the line between public and private international law have became increasingly uncertain. Issues of private international law may also implicate issues of public international law, and many matters of private international law nave substantial significance for the international community of nations. 3) supranational law (or the law of supranational organizations), which concerns at present regional agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system. European Union law is the first and only example of a supranational legal framework. The Union of South American Nations is another organisation on the Latin American continent. It declared in 2004 its intention to establish a framework akin to the European Union by the end of 2007. It is envisaged to have its own passport and currency, and limit barriers to trade. 2. The purposes of international law include resolution of problems of a regional or global scope (such as environmental pollution or global warming), regulation of areas outside the control of any one nation (such as outer space or the high seas), and adoption of common rules for multinational activities (such as air transport or postal service). International law also aims to maintain peaceful international relations when possible and resolve international tensions peacefully when they develop, to prevent needless suffering during wars, and to improve the human condition during peacetime. The scope of international law is vast. Nearly every matter of legal regulation within a nation has some international counterpart. Over the last century, advances in communications technology, growth in global trade and travel, and the advent of weapons of mass destruction have led to an enormous expansion in the range of topics regulated by international law. In addition to the classic matters of diplomacy, war and peace, trade, and territorial boundaries, international law now covers matters as diverse as environmental protection, human rights, nuclear testing, war crimes, outer space, child custody, recognition of wills and testaments, exchange of prisoners, and protection of archaeological sites and art treasures. Large areas of the globe and beyond do not and legally cannot belong to any nation: most of the oceans and their resources, Antarctica, Earths atmosphere, outer space, and the Moon and other natural objects in

83 space. These areas are known collectively as the global commons. The absence of political sovereignty for these areas means that international regulation is required to avoid conflict over them and to protect them from overuse, pollution, and other harm. International agreements for these areas are generally accepted as providing the legal framework for all those who conduct activities in them. International law has no fixed content. New threats that cannot be addressed or resolved by a single nation constantly call for new international responses. For example, recent international agreements aim to combat terrorism, the distribution of illicit drugs across national boundaries, and the spread of infectious diseases. The development of new technologies, such as the Internet, can also lead to the creation of new international legal frameworks. C. COMPREHENSION Task 3. Answer the questions. 1) What does the term international law refer to? 2) What does Public International Law deal with? 3) What issues does Private International Law address? 4) Explain what supranational law is. Give examples. 5) What are the purposes of International Law? 6) What spheres of human activity does it cover? Task 4. Look at the following legal areas and classify them into Public International Law or Private International Law. 1) Adoption, 2) arms control, 3) asylum, 4) contractual relations, 5) matrimonial matters, 6) environmental issues, 7) human rights, 8) immigration, 9) international crime, 10) maritime law, 11) piracy, 12) war crimes, 13) real property matters, 14) consumers rights, 15) rights of refugees, 16) world trade, 17) employment disputes Public International Law Private International Law

C. SPEAKING Task 5. Read the following headlines for the articles relating to international legal news. Speculate on what issues these articles might

84 concern. What category of International Law Public or Private can the issues be put under? Purchase of Bahamian Real Estate by Non-Bahamians Avoiding Liability Exposure From Defective Products Made Abroad The European Company and the Directive 2005/56/EC on cross-border mergers: a view from France Czech green card project for non-EU skilled workers Is it OK to use the word Russia for your Russian subsidiary? D. PROJECT-WORK Task 6. Do some research on the latest international legal news and present your information in class. E. DISCUSSION Task 7. Discuss the following: 1. What person can be described as an international lawyer? 2. What legal areas should he/she be expert in? 3. Would you like to work as an international lawyer? F. READING 2 Task 8. Read through the text and complete the spaces (1-8) using these phrases (a-h) a) most of the distinguished practitioners of international law; b) the United Nations and other international organizations; c) it is not easy for a young lawyer to practise it; d) can become an expert on it overnight; e) alternate between legal and political posts; f) particular areas of international law; g) some domestic lawyers rush to express their opinions; h) it would be difficult to advise effectively;

85 International lawyers Although more students are studying international law, 1)____. Even in large law firms that have international law departments, the bulk of their work is commercial arbitration. The involvement of barristers and advocates in international law is usually incidental to their normal work. 2)_____ who appear before international courts or tribunals are professors of international law. As a rule, foreign ministry legal departments are staffed by diplomats who have legal training, but who 3)_____. Few have legal advisers who during their careers do little other than law, the British Diplomatic Service being a prime exception. There are jobs for international lawyers also in 4) _____. Sometimes the media will describe a person as an international lawyer, yet he may at most have a practice with many foreign clients, and be concerned more with foreign law and conflict of laws. Yet, when the media is full of stories questioning the lawfulness of a states actions, 5)_____, usually critical. They are not always wrong, but usually display a lack of familiarity with international law, apparently believing that the reading of a textbook or an (apparently simple) instrument like the UN Charter is enough. The fact that some textbooks are lucid and make international law accessible does not mean that a domestic lawyer, however eminent, 6)_____. The difficulties that the judges of the House of Lords (the UKs final appeal court) had in grappling with international law in the Pinochet case, despite having been addressed by several international law experts, are amply demonstrated by their differing separate opinions. Some domestic lawyers have specialised in 7)_____ such as aviation, human rights or the environment, without a good grounding in international law generally. A tax law expert will necessarily have a sound knowledge of contract, tort and other basic areas of domestic law, without which 8)_____. Task 9. Read the text again and make up 4-5 questions to it. Make other students answer them. Task 10. Summarize the text in a few sentences. G. TRANSLATION Task 11. Translate into Russian. International Law includes the basic, classic concepts of law in national legal systems - status, property, obligation, and tort (or delict). It also includes substantive law, procedure, process and remedies. International law differs from domestic law in that it is not always that easy to find out what

86 the law is on a particular matter. Domestic law is reasonably certain and found mostly in legislation and judgments of a hierarchy of courts. In contrast, international law is not so accessible, coherent or certain. There is no global legislature (the UN General Assembly does not equate to a national legislature), and no formal hierarchy of international courts and tribunals. international law is derived from various sources such as a) international conventions, whether general or particular, establishing rules expressly recognised by the contracting states; b) international custom, as evidence of a general practice accepted as law; c) the general principles of law recognised by civilised nations. Customary law and conventional law are primary sources of international law. Customary international law results when states follow certain practices generally and consistently out of a sense of legal obligation. Conventional international law derives from international agreements and may take any form that the contracting parties agree upon. General principles common to systems of national law is a secondary source of international law. There are situations where neither conventional nor customary international law can be applicable. In this case a general principle may be invoked as a rule of international law because it is a general principle common to the major legal systems of the world and not inappropriate for international claims. H. WRITING Task 12. In your view, what international problem would most benefit from greater development of International Law? Write a paragraph giving reasons.

LESSON 2

FROM THE HISTORY OF INTERNATIONAL LAW

A. VOCABULARY REVISION Task 1. Do you remember these words? Check yourself matching the words and their definitions. Give the Russian equivalents to the words. Treaty, n (pl treaties) treat, v treatment, n treatise, n alien, n

87 alliance, n ally, v ally, n ( pl allies) a) a serious book or article about a particular subject; b) a country that agrees to help or support another country in a war, also someone who helps and supports you when other people are trying to oppose you; c) someone who is not a legal citizen of the country they are living or working in, also in stories, a creature from another world; d) a group of two or more countries, groups etc who work together to achieve something; e) to help and support other people or countries, especially in a war or disagreement; f) a particular way of behaving towards someone or of dealing with them; g) to behave towards someone or something in a particular way; or to deal with, regard, or consider something in a particular way; h) a formal written agreement between two or more countries or governments Task 2. Insert into the gaps one of these words. Translate the sentences. treatment; treats; treaties; treatises; allied; allies (n); allies (v); aliens(n); alien (adj) 1. He writes about them with authority, _____ them with respect. 2. She _____ herself with Sarah, and rejects the men, who instantly close ranks against her. 3. The _____ covered bilateral protection and promotion of investments, penal cooperation, cultural exchanges and customs cooperation, officials said. 4. Under the amnesty law, many illegal _____ were given citizenship. 5. The auto industry has many _____ in Congress. 6. Many historians were stunned by the book's inaccurate _____ of the battle. 7. With a shrug, he shrugged off _____ concepts such as responsibility, maturity, ambition and commitment. 8. Democrats are ______ with the trial lawyers and some consumer groups. 9. There he wrote philosophical _____ for which scholars remember him.

88 B. READING KEY VOCABULARY Hostilities (n) fugitive (n) ; , elaborate (adj) , mutual (adj) , truce (n) - tension (n) - subject to refrain (v) - engage (v) , proliferate (v) , curb (v) , warfare (n) , Task 3. Read the text paying attention to the underlined words. Although international law in the modern sense of the word has only existed since about the 16th century, many historians of international law also take ancient history into account as a source for the early development of legal principles. Early civilizations established rules governing the conduct of hostilities, the making and observance of treaties, and the treatment of foreign traders, travelers, and diplomats. These rules were often based on ritual and custom. The oldest known treaty, preserved in an inscription on a stone monument, is a peace treaty between two city-states of Sumer, dating from about 2500 BC. The empires of the ancient Middle East concluded a considerable number of treaties between 2000 and 1000 BC concerning topics still debated today, such as the extradition of fugitives and the creation of military alliances. The Greek city-states had an elaborate treaty system governing many aspects of their mutual relations. The Greeks developed archives, a diplomatic vocabulary, principles of international conduct, elements of international law, and many other devices used today. Truces, neutrality, commercial conventions, conferences, treaties, and alliances became the norm. In the 4th century eight Greco-Persian congresses were held and there even the smallest states had the right to be heard. In Asia the political units of ancient India and China, during certain periods, also developed and applied international law. Beginning with the era of the Roman Republic (509 to 27 BC), the Romans made significant contributions to the evolution of international law. They developed the idea of a jus gentium, a body of laws designed to govern the treatment of aliens

89 (noncitizens) subject to Roman rule and the relations between Roman citizens and aliens. They recognized in principle the duty of a nation to refrain from engaging in warfare without a just cause and originated the idea of a just war. After the fall of the Roman Empire and the collapse of the Holy Roman Empire into independent cities, principalities, kingdoms and nations, for the first time there was a real need for rules of conduct between a large international community. International trade was the real catalyst for the development of objective rules of behavior between states. Without a code of conduct, there was little to guarantee trade or protect the merchants of one state from the actions of another. Economic self-interest drove the evolution of common international trade rules, and most importantly the rules and customs of maritime law. In Medieval Europe, the Canon Law of the Catholic Church had an important role. In the 15th century, the Church mediated rivalry between Spain and Portugal by dividing the world into their respective areas of interest. The 1648 Treaty of Westphalia, which called for equal treatment everywhere of Protestants and Catholics, can be seen as an early international human rights law. In the course of time international practices, customs, rules and treaties proliferated to the point of complexity. Several scholars sought to compile them all into organized treatises. The most important of these was Hugo Grotius, whose treatise De Jure Belli, Ac Pacis Libri Tres is considered the starting point for modern international law. The Westphalian treaties of 1648 were a turning point in establishing the principle of state sovereignty as a cornerstone of the international order. After World War I, an attempt was made to establish such a new international law of peace, of which the League of Nations was considered to be one of the cornerstone. The league existed form 1920 to 1946, its headquarters was located in Geneva. The League of Nations was set up to regulate disputes between nations and attempted to curb invasions by enacting a treaty agreement providing for economic and military sanctions against member states that used "external aggression" to invade or conquer other member states. However, it failed to stop the tension that led up to World War II, partly because some countries did not join (U.S., though American diplomats supported the leagues activities and attended its meetings unofficially) and other left when they disagreed with its decisions (Germany, Japan). But it led to important international legislation like Geneva Convention on the treatment of prisoners of war and the 1951 Convention on the Status of Refugees. After World War II, as after the First World War and the Thirty Years' War, there was a strong desire to never again suffer the horrors of war

90 endured by the civilian populations. The League of Nations was reattempted through another treaty organization, the United Nations. The postwar era has been a highly successful one for international law. International cooperation has become far more commonplace, though of course not universal. Importantly, nearly two hundred nations are now members of the United Nations, and have voluntarily bound themselves to its charter. Even the most powerful nations have recognized the need for international cooperation. International law is, of course, only partly about the conduct of war. Most rules are civil, concerning the delivery of mail, trade, shipping, air travel, and the like. Most rules are obeyed routinely by most countries, because the rules make life easier for all concerned. The rules are rarely disputed. But some international law is extremely political and hotly debated. This includes not just the laws of warfare but also such matters as fishing rights. Task 4. Answer the questions. 1) When did International Law start to develop? 2) What rules of international relations were established by early civilizations? 3) What principles did the Romans develop in this area? 4) Why was trade the main catalyst for the development of International Law? 5) What can you say about international issues during the Middle Ages? 6) When and why was the League of Nations created? 7) Why have many countries voluntarily bound themselves to the United Nations charter? Task 5. Find in the text the English equivalents for the following: ,

91 Task 6 . a) Complete the text with the following words. b) Summarize the text in a few sentences. allotted; removed; engaged; maritime; acquisitions; navigator; arbitrator; dominant; respective Many controversies between nations in the Middle Ages were submitted to the Roman Pontiff as (1)_______. We may recall one famous controversy towards the end of the period. At the end of the fifteenth century, when Columbus had just discovered America, Spain and Portugal led all the nations of Europe and of the world in (2)________ enterprise. While the great Genoese*, and Alonzo de Ojeda, and Amerigo Vespucci, and other famous adventurers, were (3)_______ in the discovery and exploration of a new world for Spanish Castille and Leon, another explorer Bartholemew Diaz, in the services of Portugal, pushed southward along the coast of Africa and went around the Cape of Good Hope, being the first to do so since the time of Pharaoh Necho, King of Egypt. Following in his wake, the great Portuguese (4)_______, Vasco de Gama, sailed through the straits of Mozambique, plunged boldly into the unknown wastes of the Indian Ocean, and reached the coast of Hindustan. A controversy arose between Spain and Portugal as to their (5)_________ spheres of action and their dominion over the discovered region beyond the Ocean. The controversy was submitted to Pope Alexander VI as arbitrator. Drawing a meridian line north and south some distance west of the Azores, the Pontiff (6)________ all the discoveries west of that line to Spain and all east of it to Portugal. It so happened that a few years afterwards, in A.D. 1500, the Portuguese navigator Pedro Alvarez Cabral, bound on a voyage to Hindustan, was driven out of his course by a storm on the west coast of Africa, and came on the shores of Brazil. The land which he discovered was east of the meridian line drawn by Pope Alexander, and became Portuguese territory, while elsewhere to the west the power of Spain became (7)_________. The arbitration was a notable one; it was readily accepted by both parties; and it (8)________ for all time all danger of conflict between Spain and Portugal in respect of their maritime enterprises and colonial (9)__________. -----------------------------------------------*the great Genoese Christopher Columbus

92

C. VOCABULARY REVISION Task 7. Work in pairs or in small groups. Give the definitions of your own to some of the following notions. Make your partner(s) guess your words. sanction asylum controversy alliance fugitive sovereignty alien refugee warfare arbitrator remedy convention Task 8. Geographical names. What nationality are the people in the following countries? country Israel United Kingdom Scotland Switzerland Holland Denmark Sweden Poland Iraq Spain Turkey Finland France nationality Israeli one citizen an Israeli

D. QUIZ. DEPENDENT TERRITORIES NOWADAYS. Task 9. Do the quiz choosing from the countries below. Make all necessary changes. Australia, China, Great Britain, France, the Netherlands, Norway, Portugal, USA 1. 2. Bermuda is a ________ overseas territory in the North Atlantic Ocean. Christmas Island is a small ______ territory located in the Indian Ocean.

93 3. Guadeloupe is an island group belonging to the ______ overseas department. Today the population of Guadeloupe is mostly of African origin with an important European and Indian active population. Lebanese, Chinese, and people of many other origins are also present. The Virgin Islands is a group of islands in the Caribbean that are an ______ insular area. Peter I Island is a _______ volcanic island located near Antarctica. It takes its name after the Russian emperor Peter I (the Great). Ola Olstad made the first successful landing on February 2, 1929 and claimed the island for _______. Aruba has been under ______ administration since 1636. The two official languages are the Dutch language and Papiamento. Papiamento is a language that has been evolving through the centuries and absorbed many words from other languages like Dutch, English, diverse African dialects, and most importantly, from Portuguese and Spanish. The Azores is a _______ archipelago in the Atlantic Ocean The Azores' most significant industries are tourism, cattle raising for milk and meat, and fishing. Tibet was once an independent kingdom but today is part of the _________ territory. However, the government of _______ and the Government of Tibet in Exile still disagree over whether the incorporation into ______ is legitimate according to international law. Hong Kong was a ______ dependent territory from 1981 until the transfer of its sovereignty to _______ in 1997. The Sino-British Joint Declaration and the Basic Law of Hong Kong stipulate that Hong Kong operate with a high degree of autonomy until at least 2047, fifty years after the transfer. Under the policy of "one country, two systems", the ______ government is responsible for the territory's defence and foreign affairs, while the Government of Hong Kong is responsible for its own legal system, police force, monetary system, customs policy, immigration policy, and delegates to international organizations and events.

4. 5.

6.

7. 8.

9.

E. TRANSLATION Task 10. Translate the text into English. . , , . , , ,

94 , . , 2100 .. . . . . , , .

LESSON 3 INTERNATIONAL ORGANISATIONS A. KEY VOCABULARY Task 1. Learn the following words. scope , , constituent document headquarter -, adhere , acquiesce , convene procurement , , , insolvency , countertrade , , receivables B. READING 1 Task 2. Read the text paying attention to the new words.

International organizations
International organizations play increasingly important role in the relationships between nations. They are formal associations that comprise

95 three or more states. An international organization is one that created by international agreement or which has membership consisting primary of nations. However, in common usage, the term is usually reserved for intergovernmental organizations (IGO) such as the United Nations, the European Union, the Council of Europe, or the World Trade Organization, with sovereign states or other IGOs as members. Their scope and aims are most usually in the public interest but may also have been created with a specific purpose. Legal nature. Legally speaking, an international organization may be established by a constituent document such as a charter, a treaty, or a Convention, which when signed by the founding members, provides the IGO with legal recognition. International organizations are sustained by regular meetings of member states, and supported by a permanent secretariat. They generally have physical headquarters as well as staff who are not only employed by but can also speak for their organization. In 2004, the Union of International Associations recognized some 238 international organizations of this kind. International organizations so established are subjects of international law, capable of entering into agreements among themselves or with states. Thus international organizations in a legal sense are distinguished from mere groupings of states, such as the G-8* and the G-77*, neither of which have been founded by a constituent document and exist only as task groups, though in non-legal contexts these are sometimes referred erroneously as international organizations. Membership. International organizations differ in function, membership and membership criteria. Membership of some organizations (global organizations) is open to all the nations of the world as far as they comply with membership criteria and after approval by a general assembly or similar body. This category includes the United Nations and its specialized agencies and the World Trade Organization. Other organizations are only open to members from a particular region or continent of the world, like European Union, African Union, ASEAN and other regional organizations. Purpose of international organizations. International organizations describe and define their purpose in their charter or other document of creation. International Organizations exist with diverse aims, including but not limited to increase international relations, promote education, health care, economic development, environmental protection, human rights, humanitarian efforts, inter-cultural approach and conflict resolution. ---------------------------------------------------*The Group of Eight (G8), also known as Group of Seven and Russia - is an international forum for the governments of Canada, France, Germany, Italy,

96 Japan, Russia, the United Kingdom, and the United States. Together, these countries represent about 65% of the Gross World Product and the majority of global military power (7 of the top 8 positions for military expenditure, and almost all of the world's active nuclear weapons). *The Group of 77 at the United Nations is a loose coalition of developing nations, designed to promote its members' collective economic interests and create an enhanced joint negotiating capacity in the United Nations. There were 77 founding members of the organization, but the organization has since expanded to 130 member countries. Task 3. Answer the following questions. 1. What are international organizations? 2. How can an international organization be established? 3. How do international organizations differ from mere groupings of states? 4. Say some words about membership criteria. 5. Why are international organizations created? Task 4 a) Which of these are international organizations? What do these abbreviations stand for? Give the Russian equivalents to them. CIA NATO UN IRS OPEC UK EU ILO US FBI FIFA WTO NASA BBC IMF WHO b) Complete the sentences choosing the abbreviations from the task 1) The ____ was set up in 1945 to keep world peace and help international co-operation. 2) The modern ____ grew out of the original European Community, also known as the Common Market. 3) The ____ is the department of the US government that collects national taxes. 4) Most countries which export oil belong to ____ . 5) The American ____ works, normally secretly, to collect information about other countries. 6) _____ is the organization that controls international football and organizes the World Cup competition. 7) _____ is a military alliance of the USA, Canada, and most West European countries.

97 8) _____ is a US government organization that controls space travel and the scientific study of space. 9) The ____ investigates crime in America. 10) The ____ is an international organization that tries to encourage trade between countries and to help poorer countries develop economically. C. PROJECT-WORK Task 5. Using available sources (Internet, encyclopedias, etc) find the information (year of establishment; headquarters location; member states; main goals) about the following international organizations: - African Union - International Hydrographic Organization - International Criminal Police Organization (ICPO) - Arab League - Organization for Security and Cooperation in Europe (OSCE) - La Francophonie - GUAM - UNESCO D. READING 2 Task 6. Read the text and be ready to do the tasks below.

The United Nations


The United Nations, the most influential among international organizations, was established in 1945 as the successor to the League of Nations. Its headquarters are in New York City. The declared purposes of United Nations are to maintain peace and security, to develop friendly relations among nations, to achieve international cooperation in solving international problems, and to be a center for harmonizing the actions of the nations and attaining their common ends. The Charter of the United Nations has been adhered to by virtually all states. Even the few remaining nonmember states have acquiesced in the principles it established. The International Court of Justice is established by the UN Charter as its principal judicial organ. The United Nations Charter created elaborate machinery for maintaining peace and security and for solving disputes among nations. The principal organs of the United Nations are: - The General Assembly

98 - The Security Council - The Economic and Social Council - The Trusteeship Council - The Secretariat - The International Court of Justice The UN also specifically directed the General Assembly to encourage the progressive development and codification of international law. To carry out this task, the General Assembly created two subsidiary organs: the International Law Commission and the Commission on International Trade Law (UNCITRAL). Over the years the International Law Commission has prepared drafts of treaties codifying and modernizing a number of important topics of international law, including the law of the sea, diplomatic relations, consular relations, law of treaties between nations, succession of states in respect to treaties, law of treaties between nations and international organizations, immunity of states from the jurisdiction of other states, and the law of international freshwaters. The Commission on International Trade Law drafts texts on laws concerning international commerce and economic development. Upon acceptance by the General Assembly, drafts from the commissions usually are submitted to international conferences called by the UN for adoption of the respective conventions. The General Assembly convenes once a year, usually on the third Tuesday in September. Its resolutions and statements are not binding international law. They can however become common law if generally accepted over a long time frame. On the other hand, the resolutions of the UN Security council however are binding law to all member states. In some instances, the UN has organized conferences to discuss major international issues or to negotiate treaties without prior proposal by the International Law Commission. The most important example was the third UN Conference on the Law of the Sea, which terminated its work in 1982. The conference adopted a convention (which came into force in 1994) governing all aspects of the peaceful use of the oceans, including territorial boundaries, navigational rights, and economic jurisdiction. Another example is the 1992 UN Conference on Environment and Development, held in Rio de Janeiro, Brazil, and informally known as the Earth Summit. The conference produced two major treaties: the Convention on Biological Diversity, which seeks to preserve the worlds biological diversity and promote the sustainable use of its components; and the Framework Convention on Climate Change, which seeks to limit industrial emissions of gases leading to global warming. Sometimes the UN convenes major conferences to assess progress and problems concerning a specific topic, without adopting a new agreement.

99 Such conferences have been held on human rights and on the status of women worldwide. A landmark in the development of international law occurred in 1998 at a UN diplomatic conference in Rome, Italy, when 120 countries adopted a treaty to establish the worlds first permanent international criminal court. Officially established in 2002, the International Criminal Court (ICC) operates independently of the United Nations and has the power to initiate investigations and prosecutions of war criminals, including those accused of genocide, crimes against humanity, and other serious crimes. Unlike previous war crimes tribunals, such as those created in response to atrocities in the former Yugoslavia and in Rwanda, the ICCs jurisdiction is not limited to specific conflicts. Task 7. Look through the text again and complete the following file: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The United Nations Year of establishment: Headquarters location: Constituent document: Main purpose: Principal organs: Principal judicial body: Subsidiary organs of the General Assembly: Main goals of International Law Commission: Main goals of UNCITRAL: Examples of major international issues discussed at UN conferences: Main goals of ICC:

Task 8. Work in pairs. Using your file put questions to your partner and make him/her answer them. e.g. When was the UN created? E. VOCABULARY Task 9. The UN International Commission on Trade Law (UNCITRAL) is the core legal body of the United Nations system in the field of international trade law. First read through the key areas with which UNCITRAL is involved. Then find the words/phrases in this text with the closest meanings to the definitions below the text.

100 UNCITRAL Worldwide acceptable conventions, model laws and rules Legal and legislative guides and recommendations of great practical value Updated information on case law and enactments of uniform commercial law Technical assistance in law reform projects Regional and national seminars on uniform commercial law Sale of goods, arbitration, electronic commerce, procurement, negotiable instruments, project finance, insolvency, countertrade, construction contracts, guarantees, receivables financing, letters of credit, maritime transport bankruptcy: law established on the basis of previous verdicts: accounts that are due to be paid: the movement of goods by sea: a letter from a bank, usually for presentation to another branch or bank, authorizing it to issue credit or money to the person named: measures with legal force: support: being the same as another: a procedure for the resolution of disputes: a system of international trade in which countries exchange goods or services, rather than paying for imports with currency: suggestions: agreements: building agreements: process to buy and sell through the Internet: the latest of most modern: purchase:

a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) p)

F. TRANSLATION Task 10. Translate into English. (), , (), (), (), , () .

101 (, , , , , ..), . . 1) . 2) (.. , , , ), ( , , ), (, - ) 3) ( , , ) ( , , , ) 4) ( ) ( , , ).

LESSON 4 INTERNATIONAL COURTS A. DISCUSSION Task 1. Discuss the following: What international courts do you know of? What are their main functions? What sanctions can international courts apply? B. READING 1 Task 2. Read the text and do the tasks below it.

World Court
The International Court of Justice (known colloquially as the World Court or ICJ) is the primary judicial organ of the United Nations. It was established by the United Nations Charter signed in 1945 and began its work in 1946. It is based in the Peace Palace in The Hague, Netherlands, sharing

102 the building with The Hague Academy of International Law, a private centre for the study of international law. Several of the Court's current judges are either alumni or former faculty members of the Academy. English and French are its two official languages. The Court's workload is characterized by a wide range of judicial activity. Its main functions are (1) to settle legal disputes submitted to it by member states and (2) to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies and the UN General Assembly. The ICJ is composed of 15 judges elected to nine year terms by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration. Judges serve for nine year terms and may be re-elected for up to two further terms. Elections take place every three years, with one-third of the judges retiring (and possibly standing for re-election) each time, in order to ensure continuity within the court. Should a judge die in office, the practice has generally been to elect a judge of the same nationality to complete the term. No two may be nationals of the same country. Article 2 of the Statute provides that all judges should be "elected regardless of their nationality among persons of high moral character", who are either qualified for the highest judicial office in their home states or known as lawyers with sufficient competence in international law. According to Article 9, the membership of the Court is supposed to represent the "main forms of civilization and of the principal legal systems of the world". Essentially, this has meant common law, civil law and socialist law (now post-communist law). When deciding cases, the Court applies international law. Article 38 of the ICJ Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, and the "general principles of law recognized by civilized nations". It may also refer to academic writing ("the teachings of the most highly qualified publicists of the various nations") and previous judicial decisions to help interpret the law, although the Court is not formally bound by its previous decisions under the doctrine of stare decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not apply to the decisions of the ICJ. The Court's decision binds only the parties to that particular controversy. The ICJ has dealt with relatively few cases in its history, but there has clearly been an increased willingness to use the Court since the 1980s, especially among developing countries.

103 So far the International Court of Justice has dealt with about 130 cases. The ICJ should not be confused with the International Criminal Court, which also potentially has "global" jurisdiction. Task 3. Answer the questions. 1. Where is the World Court located? 2. Who can become a judge in the World Court? 3. How many years do judges of ICJ serve? 4. How are judges elected? 5. What legal system is represented in ICJ? 6. What does it mean that the Court is not formally bound by its previous decisions under the doctrine of stare decisis? 7. What legal sources does the World Court apply while resolving disputes? Task 4. Complete the summary. Try not to look in the text. The World Court is the principal judicial organ of the_____________. It was established by the___________, signed in _____ at San Francisco (United States), and began work in 1946 in the _______________ (Netherlands). The Court, which is composed of_________, has a dual role: in accordance with international law, _____________ between States submitted to it by them and _______________ on legal matters referred to it by duly authorized United Nations organs and specialized agencies. The official languages of the Court are_____________. C. VOCABULARY Task 5. Use the verbs from the box to fill in the gaps. Make all necessary changes. Refer; try; include; deliver; settle; mean; accept; initiate; submit; deliberate; apply and appear; deal with; represent; provide One of the roles of the court is to (1)______ in accordance with international law the legal disputes (2) ______ to it by States (jurisdiction in contentious cases). The Members of the Court do not (3) ______ their governments but are independent magistrates. The Court may not (4) ______ more than one judge of any nationality. The Court is competent to entertain a dispute only if the States concerned (5) ________ its jurisdiction. The other role is to give advisory opinions on legal questions (6) ______ to it by duly authorized

104 international organs and agencies (advisory jurisdiction). Only States may (7) ___________ before the Court. At present, this basically (8) ______ the 192 United Nations Member States. The Court has no jurisdiction to (9) _______ applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot (10) ______ them with legal counselling or help them in their dealings with the authorities of any State whatever. The International Court of Justice has no jurisdiction to (11) ______ individuals accused of war crimes or crimes against humanity. As it is not a criminal court, it does not have a prosecutor able to (12) ______ proceedings. After the oral proceedings, the Court (13) ______ in camera and then (14) ______ its judgement at a public sitting. The judgement is final and without appeal. D. PROJECT WORK Task 6. Use different sources to find the information on the cases which are put on the current agenda of the World Court. E. READING 2 Task 7. Read the text about the International Criminal Court.

International Criminal Court


The International Criminal Court (ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression. The Court came into being on July 1, 2002 the date its founding treaty, the Rome Statute of the International Criminal Court, entered into force and it can only prosecute crimes committed on or after that date. As of June 2008, 106 states are members of the Court. A further 40 countries have signed but not ratified the Rome Statute. However, a number of states, including China, India and the United States, are critical of the Court and have not joined. Proceedings before the ICC may be initiated by a State Party, the Prosecutor or the United Nations Security Council. The Court can generally exercise jurisdiction only in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. The Court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes is therefore reserved to

105 individual states. The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes. Unlike the International Court of Justice, the ICC is legally and functionally independent from the United Nations. But The Court cooperates with the UN in many different areas, including the exchange of information and logistical support. The Court reports to the UN each year on its activities. Task 8. Answer the questions: 1. According to the text, what are the gravest crimes that can be prosecuted in ICC? 2. What legal document governs the jurisdiction and functionning of the ICC? When did it enter into force? 3. What does it mean: The jurisdiction of the ICC will be complementary to national courts? 4. Who can initiate proceedings? 5. What differentiates the International Criminal Court from the International Court of Justice? F. DISCUSSION Task 9. Work in groups of four. a) In each group give the definitions of your own to the following: - genocide - crimes against humanity - war crimes - crimes of agression b) Compare your definitions with those of other students. Check with the key. c) Can you think of any examples related to each of the crimes? Task 10. Match the main objectives of the ICC and the following: Objectives: 1) To achieve justice for all 2) To end impunity for abuse of human rights 3) To help end conflicts 4) To remedy the deficiencies of ad hoc tribunals

106 5) to take over when national criminal justice institutions are unwilling or unable to act 6) To deter future war criminals a. b. c. d. e. f. Those who commit murder are often not punished. ___ The International Criminal Court aims to discourage war criminals through the possibility of trial. ___ Courts set up specifically to ttry war criminals do not deliver justice. ___ Not everyone receives a fair trial. ___ Local courts may not always be able to deliver justice. ___ The International Criminal Cout will try to stop wars. ___

LESSON 5 INTERNATIONAL LAW CASES A. KEY VOCABULARY Task 1. Learn the new words. Thereupon , therefrom - , preponderance of evidence , in the aftermath of implication (on) - , pertain apprehend , repatriation , immunity , ensuing , bolster , , contravene , guerilla , B. DISCUSSION Task 2. Discuss the following: Can you think of any cases brought before the International Court of Justice or before the International Criminal Court? Share your information with other members of the class.

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C. READING 1 Task 3 Read through the text and decide whether these statements are true or false. 1. British warships struck mines wile passing through the Corfu Channel. 2. Albania was the territorial sovereign of the Corfu Channel. 3. There was no need for evidence of actual state involvement to make Albania responsible under International law. 4. The court agreed that the British mine-sweeping activities were justified.

Corfu Channel Case


The first case entered in the General List of the Court (Corfu Channel (United Kingdom v. Albania)) was submitted on 22 May 1947. From 22 May 1947 to 25 August 2008, 140 cases were entered in the General List. The Corfu Channel Case (United Kingdom of Great Britain and Northern Ireland v. People's Republic of Albania), the first case decided by the court, was a case brought against Albania by the UK. On 22 October 1946, two UK destroyers passing through the Corfu channel off the Albanian coast struck mines whose explosion caused the death of 46 seamen and damage to the ships. The British thereupon mineswept the channel. Albania claimed that it had not laid the mines. From all the facts and observations, the Court drew the conclusion that the laying of the minefield could not have been accomplished without the knowledge of Albania. As regards the obligations resulting for her from this knowledge, they were not disputed. It was her duty to notify shipping and especially to warn the ships proceeding through the Channel on October 22nd of the danger to which they were exposed. In fact, nothing was attempted by Albania to prevent the disaster, and these grave omissions involve her international responsibility. The court found Albania "responsible under international law for the explosions and for the damage and loss of human life that resulted therefrom" and determined the compensation due to the UK at 843,947, equivalent to approximately US$2.4 million at that time. The ICJ affirmed, "every State's obligation not to allow knowingly its territory to be used for acts contrary to the rights of other States." The court also found that the British mine-sweeping activities in Albanian territorial waters had violated international law. The unanimous rejection by the court of the British claim that the action was justified under

108 the principle of "self-protection" constituted the first judicial finding that the use of force for self-help is in certain circumstances contrary to international law. The Corfu Channel case established that states must meet a preponderance of the evidence standard to prevail before the ICJ. D. VOCABULARY Task 4 a) Read the following information. HERE + after, by, in, etc THERE + after, by, in, etc WHERE + after, by, in, etc The above English adverbials are frequently used in the contract law and throughout the law genre, indicating a legal context-bound style of writing or the text writers stylistic preferences. b) Match the phrases and their Russian equivalents. 1) the term of validity hereof 2) as expressly provided otherwise hereunder 3) either party hereto 4) to the address specified hereinabove 5) hereinafter through the text hereof 6) it follows therefrom that 7) any person interested therein 8) in regard thereto 9) the reason wherefore we have met a) , b) c) d) () e) f) , g) h) i) ,

Task 5. Translate the sentences into Russian. Check with the key. 1. 2. All Appendixes enlisted herein shall be treated as integral part hereof. A year thereafter she must be re-examined.

109 3. 4. 5. 6. 7. 8. The system whereby the Britons choose their family doctors and the government pays those doctors, is reasonably successful. As of the effective date hereof all previous agreements between the parties hereto as regards the subject herein shall become null and void. All our notions of right and wrong are built thereon. We ran out of water, wherefore we surrendered. I explained the matter, whereupon he laughed heartily. All the UK citizens are ruled by the laws thereof.

E. READING 2 Task 6. Before you read the text, discuss with other members of your class. Check your ideas with the key. - What, if anything, do you know about Greenpeace? - Have you heard of the Rainbow Warrior? Task 7. Read the text, then match each of these headings (a-f) with the paragraph (1-6) to which it best corresponds. a. b. c. d. e. f. The ruling Introduction Implications State responsibility Background Legal consequences

The Rainbow Warrior Case


1. The Rainbow Warrior Case was a dispute between New Zealand and France that arose in the aftermath of the sinking of the Rainbow Warrior. It was arbitrated by UN Secretary General Javier Prez de Cullar in 1986, and became significant in the subject of Public International Law for its implications on State responsibility. 2. On 10 July 1985 an undercover operation conducted by the French military security service sank the British-registered Greenpeace ship Rainbow Warrior berthed in Auckland Harbour (New Zealand). The Greenpeace ship was planning to disrupt French Nuclear tests on the islands of French Polynesia. Two of the agents were subsequently arrested in New Zealand and duly charged with conspiracy to commit arson, with willfully damaging the Rainbow Warrior by means of explosives, and with the murder of Fernando Pereira, a crew member who drowned in the incident. The agents pleaded not

110 guilty and were remanded in custody. Later the charges against them were altered to manslaughter and willful criminal damage; the agents pleaded guilty and were sentenced by a New Zealand court to ten years' imprisonment for manslaughter and seven years for willful damage. A dispute arose between France, which demanded the release of the two agents, and New Zealand, which claimed compensation for the incident. 3. After a series of diplomatic confrontations between France and New Zealand pertaining primarily to issues of compensation and the treatment of the apprehended agents, both governments decided to have their differences arbitrated by a tribunal chaired by then Secretary General of the UN, Javier Prez de Cullar. His binding ruling was pronounced on 6 July 1986. 4. France, having admitted responsibility, focused its efforts on the repatriation of its servicemen. This was agreed to by New Zealand on the condition that they would serve out the rest of their sentences. The ruling provided that Major Mafart and Captain Prieur were to be released into French custody but were to spend the next three years on an isolated French military base in the Pacific. In terms of reparations, France initially offered an official apology and acknowledgement of breach of international law. Additionally, the UN Secretary General awarded New Zealand 7 million USD. This is in addition to compensation which France paid to the family of the only victim of the mission and to Greenpeace (settled privately). 5. In such cases where a state sends its agents abroad to commit acts which are illegal under international or municipal law of the target country, it is customary for the state to take responsibility for the act and issue compensation. However its agents are usually granted immunity from local courts. In this case however, New Zealand managed to call out the French state under international law AND try its agents under its own municipal law, which significantly challenges the principle that either a State or its agents but not both are liable for acts contrary to law outside the Geneva Convention. It is not clear though whether this is part of customary international law. Again, this is due to the peace time nature of the operation - though the convicted were military personnel, no state of war or hostility existed so they could not be considered as POW (Prisoners of War) and granted ensuing rights. 6. The Rainbow Warrior case bolsters the notion that there is a doctrine of non-intervention in international law and that states will be punished for contravening it. It is also an interesting study of state responsibility, individual responsibility, use of force and reparations. Its consideration for international law is slightly hampered by the fact that it was decided by a single individual (the UN secretary general) as a special Tribunal not internationally established. This is because there existed jurisdictional

111 obstacles for an application to the ICJ by New Zealand. Jurists will note that the outcome of the intergovernment dispute was based on an individuals concept of fairness, producing a ruling rather than a legal judgement. F. DISCUSSION Task 8. Discuss the following: 1. What Issue of International Law do you think the Rainbow Warrior affair involves? 2. Do you think Greenpeace were right to try to stop France from performing the nuclear tests? 3. Was the French Government entitled to stop Greenpeace from taking action? 4. Do you think Mafart and Prieur should be held personally liable for their acts or not? 5. What is your view of the legal result of the Rainbow Warrior affair? G. VOCABULARY Task 9. Work in pairs and find in the text the words corresponding to the following definitions. Compare your answers with those of other students. Paragraph 1: having an important effect or influence, especially on what will happen in the future (adjective); Paragraph 2: to prevent something from continuing in its usual way by causing problems (verb); in the proper or expected way (adverb); Paragraph 3: money paid to someone because they have suffered injury or loss, or because something they own has been damaged (noun); a promise, agreement, ruling etc that must be obeyed (adjective); Paragraph 4: keeping someone in prison (noun); Paragraph 5: to refuse to accept that something is right, fair, or legal (verb); strong or angry opposition to something (noun); Paragraph 6: something that makes it difficult to achieve something (noun); the final result of a meeting, discussion, war etc (noun). Task 10. Substitute a suitable word or phrase for the part of each sentence in italics. Example: The government cannot take private property for public use without money paid to someone because they have suffered injury or loss, or because something they own has been damaged.

112 Answer: The government cannot take private property for public use without compensation. a) The commission will seek to officially judge a resolution before handing down a decision in late summer. b) Burns has said that departmental policy is to ask that right of being protected from particular laws be waived if prosecutors pursue criminal charges. c) There is a need for stronger, religion-based morality and patriotism to help the nation to feel better and more positive. d) On March 17, a further decree announced improved material provision for people who are members of the military, including pay rises and housing. e) Any interference in one country's domestic affairs by another country infringes the UN charter.

H. TRANSLATION Task 11. Translate the text comparing your views with the following summary. In the Rainbow Warrior affair the French Government claimed that their agents should not be held liable for their acts on the ground that they had only obeyed the orders of the government which had later claimed responsibility. The French argument was based on international practice. Both France and New Zealand accepted that under Nuremberg Charter individuals who commit war crimes against peace and humanity are personally liable for their acts. However, Mafart and Prieur were not accused of crimes against peace and humanity since they had not committed such serious crimes; therefore the principles of the Nuremberg Charter were not applicable in this case. Nevertheless, the New Zealand Government did not accept the argument of superior orders as a defence for the agents. Liability for acts of violence committed by servicemen in wartime is clearly regulated by International law. In fact, soldiers who kill foreigners in wartime are not liable for their acts provided they have obeyed the laws and customs of war. In peacetime, on the other hand, perpetrators of low-threshold violence are sometimes held liable for their acts, and this depends on whether they are popular or unpopular guerillas. Mafart and Prieur clearly did not have P.O.W. status and were therefore treated as ordinary criminals. Responsibility for acts of spies is not clearly regulated by International Law. It seems that agents cannot enjoy immunity from the local jurisdiction unless the foreign government accepts responsibility for the agents acts. In fact, if a

113 government claims responsibility for the acts of its spies, the agents involved should not be held personally liable. This precedent only applies, however, when the agents presence in the foreign territory is lawful. Thus, it doesnt apply in the Rainbow Warrior case since the agents had entered New Zealand territory illegally with the official purpose of committing unlawful acts. I. PROJECT WORK Task 12. Find information about recent cases brought to the International Court of Justice and present a short overview of them to the class.

LESSON 6

INTERNATIONAL AGREEMENTS

A. KEY VOCABULARY Task 1. Learn the following words. invoke (v) , proliferation (n) , multilateral (adj) bilateral (adj) reservation (n) (), caveat (n) purport (v) , protract (v) evince (v) , , withdrawal (n) , , denunciation (n) - B. READING Task 2. Read the text and be ready to answer the questions below it.

1. What is a treaty?
International agreements entered into by two or more states are frequently described as treaties. A treaty may also be known as: (international) agreement, arrangement, protocol, covenant, concordat, convention, exchange of letters, exchange of notes, accord, memorandum of understanding, etc. Regardless of the terminology, all of these international

114 agreements under international law are equally treaties and the rules are the same. As a general rule treaties are usually adopted by states, and conventions are usually adopted by international bodies. Treaties can be loosely compared to contracts: both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law for that breach. The United Nations Charter states that treaties must be registered with the UN to be invoked before it or enforced in its judiciary organ, the International Court of Justice. This was done to prevent the proliferation of secret treaties that occurred in the 19th and 20th century. The Charter also states that its members' obligations under it outweigh any competing obligations under other treaties. After their adoption, treaties as well as their amendments have to follow the official legal procedures of the United Nations, as applied by the Office of Legal Affairs, including signature, ratification and entry into force.

2. Bilateral and multilateral treaties


A multilateral treaty has several differences, and establishes rights and obligations between each party and every other party. Multilateral treaties are often, but not always, open to any state; others are regional. Bilateral treaties by contrast are negotiated between a limited number of states, most commonly only two, establishing legal rights and obligations between those two states only. It is possible however for a bilateral treaty to have more than two parties; consider for instance the bilateral treaties between Switzerland and the European Union (EU) following the Swiss rejection of the European Economic Area agreement. Each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties. The parties are divided into two groups, the Swiss ("on the one part") and the EU and its member states ("on the other part").

3. Reservations
Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are a unilateral statement purporting to exclude or to modify the legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification - a party cannot add a reservation after it has already joined a treaty. When a state limits its treaty obligations through reservations, other states party to that treaty have the option to accept those reservations, object to them, or object and oppose them.

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4. Amendments
There are three ways an existing treaty can be amended. First, formal amendment requires States parties to the treaty to go through the ratification process all over again. The re-negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining the legal obligations of states, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical, or administrative (not principled changes). Finally, a change in customary international law (state behavior) can also amend a treaty, where state behavior evinces a new interpretation of the legal obligations under the treaty.

5. Protocols
In international law and international relations, a protocol is generally a treaty or international agreement that supplements a previous treaty or international agreement. A protocol can amend the previous treaty, or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol; sometimes this is made clearer by calling it an "optional protocol", especially where many parties to the first agreement do not support the protocol. Some examples: the United Nations Framework Convention on Climate Change (UNFCCC) established a framework for the development of binding greenhouse gas emission limits, while the Kyoto Protocol contained the specific provisions and regulations later agreed upon.

6. Withdrawal
As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification. Many treaties expressly forbid withdrawal. Other treaties are silent on the issue, and so if a state attempts withdrawal through its own unilateral denunciation of the treaty, a determination must be made regarding whether permitting withdrawal is contrary to the original intent of the parties or to the nature of the treaty. Human rights treaties, for example, are generally interpreted to exclude the possibility of withdrawal, because of the importance and permanence of the obligations.

116 Task 3. Answer the questions. 1. What is a treaty? 2. What other words are used to denote an international agreement? 3. Why must treaties be registered with the UN? 4. In what ways are multilateral and bilateral treaties different? 5. What are reservations? 6. How can an existing treaty be amended? 7. What is the difference between a treaty and a protocol? 8. Can a state withdraw its obligations under a treaty? Task 4. Try to match the following treaties with their summary. Name, year 1. Geneva Conventions, 1949 2. North Atlantic Treaty, 1949 Summary a) forbids all nuclear explosions in all environments for military or civilian purposes b) provides universal legal controls for the management of marine natural resources and the control of pollution c) establishes the International Criminal Court d) establishes an international programme of unarmed aerial surveilance flights over all participants territories e) a set of agreements that establish rules for how people should be treated during wars, especially if they are wounded or taken prisoner. f) prohibits the use of computers or networks as tools for criminal activity g) forbids the placing of nuclear weapons or any other weapons of mass destruction on celestial bodies and into outer space in general h) turns jurisdiction of all heavenly bodies to the international community

3. UN Convention on the Law of the Sea, 1994 4. Outer Space Treaty, 1967

5. Moon Treaty, 1979

6. Treaty on Open Skies, 1992 7. Kyoto Protocol, 1997

8. Rome Statute, 1998

117 9. Comprehensive Test Ban Treaty, 1996 10. Cyberspace Convention, 2001 i) mandates the reduction of greenhouse gas emission j) establishes NATO

C. GRAMMAR REVISION Task 5. Fill in the gaps with the following prepositions: in, on, at, to, by, over, with, into, of, for

UN Charter
The United Nations Charter is the treaty that forms and establishes the international organization called the United Nations. It was signed 1)____ the United Nations Conference on International Organization 2)____ San Francisco, California, United States, 3)____ June 26, 1945, 4)____ 50 of the 51 original member countries (Poland, the other original member, which was not represented 5)____ the conference, signed it later). As a Charter, it is a constituent treaty, and all members are bound 6)____ its articles. Furthermore, the Charter states that obligations 7)____ the United Nations prevail 8)____ all other treaty obligations. Most countries in the world have now ratified the Charter. One notable exception is the Holy See*, which has chosen to remain a permanent observer state and therefore is not a full signatory 9)____ the Charter. The Charter consists 10)____ a preamble and a series of articles grouped 11)____ chapters. There are 19 chapters which set forth the purposes of the United Nations, including the important provisions of the maintenance of international peace and security, they also define the criteria 12)____ membership in the United Nations, describe the organs and institutions of the UN and their respective powers, describe arrangements for integrating the UN 13)____ established international law and provide 14)____ amendment and ratification of the Charter. ------------------------------------------------*Holy See , D. COLLOCATION Task 6 a) Read the text. Write out all the verbs which collocate with the word treaty (e.g. make a treaty). How many verbs have you found? Compare the results with those of your group mates. Like contracts in ordinary life, treaties have always been an indispensable tool of diplomacy. They date from even before the classical period of Greece,

118 the Egyptian and Hittite Kings concluded a treaty in 1272 BC. After 1815, so many treaties were adopted that Canute-like words of caution were voiced. By 1914, there were already perhaps 8,000 treaties in force. With the establishment of the League of Nations, the rate of treaty making increased dramatically. Up to July 1944 the League registered 4,822 treaties, to which should be added ones concluded between non-members of the League. Since 1945, some 54,000 treaties have been registered with the United Nations, though this is perhaps only about 70 per cent of all treaties which have entered into force. Every day a treaty is being drafted, negotiated, concluded, signed, ratified, interpreted and sometimes breached. Many ordinary human activities are governed by treaties, although usually without those affected being aware of it. Some activities are possible only because they are authorised by treaties. A vast and complex network of multilateral and bilateral treaties regulates the operation of aircraft engaged in international transport. The Vienna Convention on the Law of Treaties 1969 is the body of rules which determines whether an instrument is a treaty, how it is made, brought into force, amended, terminated and operated generally. It is not so concerned with the substance of a treaty the rights and obligations created by it, which is a matter for the negotiating states. For good reason, the Convention has been called the treaty on treaties and it covers the most important areas. b) Which of the verbs from 6(a) correspond to these definitions? a. to explain the meaning of something b. to make a written agreement official by signing it c. to discuss something in order to reach an agreement, especially in business or politics d. to correct or make small changes to something that is written or spoken e. to put someone's or something's name on an official list f. to finish arranging an agreement etc successfully g. to write a plan, letter, report etc that will need to be changed before it is in its finished form h. to end, or to make something end .. .. .. ..

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Task 7. In 1948, the Declaration of Human Rights was issued, defining the civil, political, economic, social and cultural rights of human beings. Below are extracts from the first 10 articles (there are 30 in all). Complete the text by choosing the correct word from the box. charge; detention; discrimination; exile; free; freedoms; liberty; punishment; race; remedy; rights; slavery; tribunal law;

Article 1. All human beings are born _____ and equal in dignity and rights. Article 2. Everyone is entitled to all the rights and _____ set forth in this Declaration, without distinction of any kind, such as ____, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 3. Everyone has the right to life, _____ and security of person. Article 4. No one shall be held in _____ or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5. No one shall be subjected to torture or cruel, inhuman or degrading treatment or _____ . Article 6. Everyone has the right to recognition everywhere as a person before the _____ . Article 7. All are equal before the law and are entitled without any _____ to equal protection of the law. Article 8. Everyone has the right to an effective _____ by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9. No one shall be subjected to arbitrary arrest, _____ or _____ . Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial _____, in the determination of his _____ and obligations and of any criminal _____ against him. E. TRANSLATION Task 8. Translate into Russian

Treaties and indigenous peoples


Treaties formed an important part of European colonization and, in many parts of the world, Europeans attempted to legitimize their sovereignty by signing treaties with indigenous peoples. In most cases these treaties were in extremely disadvantageous terms to the native people, who often did not

120 appreciate the implications of what they were signing. In some rare cases, such as with Ethiopia and Qing Dynasty, China, the local governments were able to use the treaties to at least mitigate the impact of European colonization. This involved learning the intricacies of European diplomatic customs and then using the treaties to prevent a power from overstepping their agreement or by playing different powers against each other. In other cases, such as New Zealand and Canada, treaties allowed native peoples to maintain a minimum amount of autonomy. In the case of indigenous Australians, unlike with the Maori of New Zealand, no treaty was ever entered into with the indigenous peoples entitling the Europeans to land ownership. Such treaties between colonizers and indigenous peoples are an important part of political discourse in the late 20th and early 21st century, the treaties being discussed have international standing as has been stated in a treaty study by the UN.

LESSON 7

BRANCHES OF INTERNATIONAL LAW

A. DISCUSSION Task 1. International law includes a number of legal aspects connected with different legal fields and categories. Work in pairs to decide what issues the following categories cover: Diplomatic law International aviation law International criminal law International environmental law International human rights law International humanitarian law International space law International trade law Law of the sea B. READING Task 2. Read the following texts describing some branches of international law. Do the tasks below. VOCABULARY plethora , sustainable development

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Text 1 International environmental law International environmental law is the body of international law that concerns the protection of the global environment. Originally associated with the principle that states must not permit the use of their territory in such a way as to injure the territory of other states, international environmental law has since been expanded by a plethora of legally-binding international agreements. These encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection. The key constitutional moments in the development of international environmental law are: - the 1972 United Nations Convention on the Human Environment (UNCHE), held in Stockholm, Sweden; - the 1987 Brundtland Report, Our Common Future, which coined the phrase sustainable development; - the 1992 United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro, Brazil The majority of the conventions relating to international environmental law are specific; that means that they deal directly with environmental issues. There are about 1000 environmental law treaties in existence today; no other area of law has generated such a large body of conventions on a specific topic. As with international law, the chief guiding principle is that of sovereignty, which means that a country (state) has full power in its own territory to do as it pleases (subject to international laws it has agreed to). All other international environmental law principles evolved with this principle in the background and to varying degrees have either supported it or modified it to some extent. Some of the organising principles of international environmental law include: the polluter pays principle; the principle of sustainable development (integration of environmental protection and economic development); common but differentiated responsibilities; common concern of humankind; common heritage; requirement to conduct a comprehensive environmental impact assessment, and some others. Task 3. Complete the sentences. 1. International environmental law concerns 2. Over the time, international environmental law has been expanded by

122 3. 4. 5. 6. These agreements encompass a wide variety of issues, such as . No other area of law has generated such .. The chief guiding principle of international environmental law states that Other principles include

Task 4. Explain the following phrases: - biodiversity protection - to coin the phrase sustainable development - the polluter pays principle - common but differentiated responsibilities Task 5. These are some specific issues governed by International environmental law. Match them with the descriptions given below: 1. Brownfield land 2. Poaching 3. Mitigation of global warming 4. Unlawful fishing 5. Illegal logging 6. Asbestos A. ___ This material used to be considered an ideal one for use in the construction industry because of its being an excellent fire retardant, having high electrical resistance and being inexpensive. But the problem with this material arises when its fibers are inhaled: the lungs cannot expel them. This results in different diseases, such as lung cancer. Eventually, 60 countries have banned the use of this material, in whole or in part. B. ___ This term means the harvest, transportation, purchase or sale of timber in violation of national laws. The harvesting procedure itself may be illegal, including using corrupt means to gain access to forests; extraction without permission or from a protected area; the cutting of protected species; or the extraction of timber in excess of agreed limits. C. ___ The issue relates to abandoned or under-used land previously used for industrial purposes or certain commercial aims. The land may contain low concentration of waste or pollution and has the potential to be reused once it is cleaned up. D. ___ This specific issue has the capacity to damage fragile marine ecosystems and vulnerable species such as coral reefs, turtles, and

123 seabirds. Regulating this problem is aimed at mitigating such impacts. The journal Science published a four-year study in November 2006, which predicted that, at prevailing trends, the world would run out of wild-caught seafood in 2048. E. ___ At the core of most proposals on this issue is the reduction of greenhouse gas emissions through reducing energy use and switching to cleaner energy sources. F. ___ This means the illegal hunting, fishing or harvesting of wild plants or animals. Traditional Chinese medicine often incorporates ingredients from all parts of plants, the leaf, stem, flower, root, and also ingredients from animals and minerals. The use of parts of endangered species (such as seahorses, rhinoceros horns, and tiger bones and claws) has created controversy and resulted in a black market of dealers who hunt restricted animals. Task 6. Can you think of any other issues which need to be controlled by International Environmental Law? Task 7. Read the text paying attention to the new words. VOCABULARY hors de combat ( ..) surrender - reprisal , , torture , Text 2 International humanitarian law International humanitarian law (IHL), often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus "comprised of the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. The law is mandatory for nations bound by the appropriate treaties. Basic principles of IHL are: - Persons hors de combat and those not taking part in hostilities shall be protected and treated humanely. - It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.

124 The wounded and sick shall be cared for and protected by the party to the conflict which has them in its power. The emblem of the red cross or the red crescent must be respected as the sign of protection. - Captured combatants and civilians must be protected against acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief. - No one shall be subjected to torture, corporal punishment or cruel or degrading treatment. - Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. - Parties to a conflict shall at all times distinguish between the civilian population and combatants. Attacks shall be directed solely against military objectives. Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a Red Cross. It is also prohibited to fire at a person or vehicle bearing a white flag, since that indicates an intent to surrender or a desire to communicate. In either case, the persons protected by the Red Cross or white flag, are expected to maintain neutrality, and may not engage in warlike acts; in fact, engaging in war activities under a white flag or red cross is itself a violation of the laws of war. Spies and "terrorists" are only protected by the laws of war if the power which holds them is in a state of armed conflict or war and until they are found to be an unlawful combatant. Depending on the circumstances, they may be subject to civilian law or military tribunal for their acts and in practice have been subjected to torture and/or execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason. After a conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law. Task 8. Complete the sentences: 1. International humanitarian law is often referred to as .. 2. It is the legal corpus comprised of . 3. It defines the conduct and responsibilities of . 4. The law is mandatory for .. 5. According to this law, it is forbidden to kill or injure am enemy who .. 6. Captured combatants and civilians must be protected against .. 7. Under this law it is prohibited to fire at or attack -

125 8. 9. Spies and terrorists may be protected by the laws of war, but only in case .. The UN Convention Against Torture provides ..

C. DISCUSSION: TORTURE Task 9. Read the following information: - During 2002, Amnesty International received information that people were reportedly tortured or ill-treated by security forces, police or other state authorities in 106 countries. - Race continues to be the predominant factor determining police torture and killings in Europe and the US. - Congo and Niger passed laws granting amnesty to torturers. - In Europe Police officers involved in racially-motivated cases of abuse and deaths in custody continued to walk free. - Physical torture techniques account for 52 methods, psycological torture practices include more than 10 methods, and there are about 30 known torture devices. Task 10. Look at the situations below and discuss how much force, if any, it is acceptable for the police or army to use in order to get what they want. 1. Your country is at war. You capture a high-ranking enemy soldier who has considerable knowledge of the enemy plans. This information would certainly save the lives of many of your soldiers and possibly shorten the war. The police catch a member of a terrorist organisation. He knows the names of other members of the organisation. He also has the information about where they have stores of arms and explosives. The information will save lives.

2.

Task 11. When presented with a list of possible measures to stop torture (which includes: 1) stricter control of police; 2) stricter international laws; 3) more prosecution of suspects; 4) greater public awareness; 5) grassroots campaign) people voted most strongly against impunity for perpetrators. In your view, what methods are the most effective to stop torture? D. WORD FORMATION Task 12. Read the text transforming the words in brackets into such forms that are required by the context.

126

Diplomatic law
Diplomatic law is that area of international law that (GOVERNMENTAL) permanent and temporary diplomatic missions. A (BASE) concept of diplomatic law is that of diplomatic immunity, which (DERIVATIVE) from state immunity. Key elements of diplomatic law are the immunity of diplomatic staff, the inviolability* of the diplomatic mission and its grounds, and the (INSECURE) of diplomatic (CORRESPOND) and diplomatic bags. Diplomatic Law is often strictly (ADHERANCE) to by States because it works on reciprocity*. For example, if you expel diplomats from a (UNCERTAINLY) country, then your diplomats will most likely be expelled from this country. It is in this way that diplomatic (RELATE) between states, and government to government interaction, can (PROSPEROUS). (FAME) cases involving the breaking of diplomatic laws include the Iran hostage crisis in 1979, the (SHOOT) of a British police woman from the (LIBIA) Embassy in London in 1984, and the (DISCOVER) of a former Nigerian Minister in a diplomatic crate at Stansted airport in 1984. ---------------------------------------------* inviolability - * reciprocity , Task 13. Write down the adjectives formed from the following nouns. Use a dictionary if necessary. inviolability - . ground - reciprocity - .. concept - interaction - immunity - . E. TRANSLATION Task 14. Translate the expressions in italics. VOCABULARY adjudicate , adjudication annex , dumping , , subsidies

127

International trade law


International trade law is the mixture of (1) and (2) that applies to transactions for goods or services that (3) . Certain (4) play an important role in this field - notably the Convention for the International Sales of Goods and several documents dealing with (5) and the enforcement of resulting adjudications. (6) , international trade law has become one of the fastest growing areas of international law. International trade law (7) the broader field of international economic law. (8) could be said to (9) WTO law, but also law governing the international monetary system and (10) , as well as the law of international development. In 1995, the (11) , a formal international organization to regulate trade, was established. It is the most important development (12) . The purposes and structure of the organization (13) by the Agreement Establishing the World Trade Organization, (14) the Marrakech Agreement. It does not specify the actual rules that govern international trade in specific areas. These are found in (15) , annexed to the Marrakech Agreement. The GATT (General Agreement on Tariffs and Trade) has been the backbone of international trade law throughout most of the twentieth century. It contains rules relating to (16) dumping and subsidies.

UNIT 8

REVISION

Task 1. Choose the correct answer for these questions. 1. International law a) continues to narrow in scope. b) has increased in scope with increasing interdependence. c) includes state behavior but not that of individuals. d) has decreased in scope with increasing interdependence. 2. What does the Universal Declaration of Human Rights state in its first Article?

128 a) All human beings share equal rights to liberty and life. b) All human beings have the right to life. c) All human beings are born free and equal in dignity and rights. d) All human beings have the right to liberty. 3. Are declarations of the General Assembly of the United Nations international law? a) Yes b) No 4. The members of intergovernmental organizations are usually a) private individuals. b) international interest groups. c) national governments. d) transnational corporations. 5. The coalition of major European powers in the beginning of the 20th century was known as the a) League of Nations. b) Group of Eight. c) European Congress. d) United Nations 6. Which of the following is not an example of a regional IGO? a) African Union b) CIA c) Arab League d) UNESCO 7. The Rainbow Warrior case was an international dispute between a) Great Britain and New Zealand b) Great Britain and Rwanda c) USA and France d) New Zealand and France 8. Is testing of weapons in outer space allowed by international law? a) Yes b) No 9. Conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare are governed by a) international human rights law b) international humanitarian law c) International diplomatic law 10. The International Criminal Court is legally and functionally independent from the United Nations. a) Yes b) No

129

Task 2. Which word in each group is the odd one out? 1 agreement accord treaty treatise 2 responsibility duty discretion obligation 3 warfare armed conflict truce hostilities 4 caveat covenant convention protocol 5 stipulate curb prescribe specify 6 convene contravene assemble meet 7 immunity impunity protection liability 8 adjudicate adjourn recess take a break 9 annulment denunciation mitigation nullification 10 adhere withdraw follow comply with Task 3. Complete the sentences using the words from the box: implicit; truce; asylum; tension; fugitives; atrocities; immune; headquarters; maritime a) I want the House to consider the circumstances under which people seek political ______. b) The senior members of the group appeared to be ______ from arrest c) The _______, two of whom have been recaptured, are accused of genocide, mass murder and other crimes. d) There was a _____ between them at the moment. e) The brutal destruction of an entire village was one of the worst _______ of the Vietnam war. f) The 33-strong crew was arrested and the captain faced charges of violating international ______ law. g) Clinton and Brown overcame early political ______ to forge their strong alliance. h) We begin interactions with an ______ assumption that other people determine and control their behaviour. i) About midnight four days later, the _______ building of the Housing Executive burst into flames and was badly damaged. Task 4. Choose the correct word to complete the sentences.

Sanctions in international law


For a long time, it was 1 (usually, commonly, regularly) believed that sanctions were a 2 (humane, human, humanitarian) alternative to war.

130 During the last decade, however, sanctions have come under harsh criticism. Collective sanctions can be generally 3 ( determined, denoted, defined) as collective measures imposed by organs representing the international community, 4 (in response to, in accordance with, in terms of) perceived unlawful or unacceptable conduct by one of its memebrs and meant to uphold standards of behaviour 5 (requiring, required, requisitioned) by international law. Such measures may not include the use of armed force but may include the 6 (interruption, reservation, discrimination) of economic relations and communications as well as the severance of diplomatic relations. Economic sanctions may compromise a wide range of measures such as a selective or 7 (comprehensible, comprehended, comprehensive) ban on trade, a prohibition on some or all capital and service transactions with the government or nationals of the offending country, an interdiction of transport and communication, and a 8 (prevention, freezing, denunciation) of assets. Economic sanctions are to be 9 (separated, distinguished, divided) from economic countermeasures. The 10 (late, latter, later) are bilateral, imposed in peacetime, and generally considered to be lawful unless not prohibited by national law. The Security Council has imposed sanctions a mere 14 times in 56 years. Debate about sanctions has intensified. Sanctions have been criticised for the following main reasons: a) Sanctions are widely considered to hurt innocent 11 (combatants, civilians, fugitives) while sparing the political leaders. Delays, confusion and the denial of requests to import essential humanitarian goods cause resource shortages. These effects 12 (obviously, not necessarily, inevitably) fall most heavily on the poor. b) Another criticism is that sanctions imposed by the Security Council are based on biased or unevenly applied standards. When sanctions were imposed on Iraq to induce it to 13 (refrain, withdraw, repatriate) from Kuwait, sceptics pointed out that many invasions and occupations by other countries such as Turkey, Israel, and Indonesia had not 14 (claimed for, resulted in, enforced by) the imposition of sanctions. All existing sanctions regimes except on the former Yugoslavia, are targeted at countries of the south. c) The lack of institutional arrangements to objectively address the humanitarian impact of sanctions has limited the United Nations 15 (capacity, ability, impunity) to respond to the adverse humanitarian consequences of the sanctions regimes effectively. The UN Department of Humanitarian Affairs commissioned a study in 1998 that recommended that guiding legal principles for the imposition of sanctions be established and clear objectives be defined. A working paper 16 (contravened, submitted, transferred) by Russian Federation stressed that sanctions regimes must

131 pursue well defined purposes, have a time frame, be subject to regular 17 (criticism, review, caveat) and provide clearly stipulated conditions for their determination, and not be politically motivated. d) Sanctions record in bringing about fundamental changes in the 18 (politics, policies, treatment) of the target countries is poor. Any changes usually took years. A 1991 study calculated that sanctions had proven effective in mere 34 per cent of 115 cases. e) Sanctions often 19 (mitigate, curb, cause) hardship to the neighbours and major trading partners of the targeted countries. In the case of the sanctions imposed on Iraq, 21 countries have 20 (claimed, demanded, adhered) losses in their revenues as a result of damage to their economic links with Iraq. Task 5. Read the text again and write the answers for the following: A. According to the text, why have sanctions recently come under harsh criticism? B. What are economic sanctions? C. What are economic countermeasures? D. Match each of these headings (1-5) with the paragraph it summarises (a-e): (1) Double standards. (2) Effects on third states. (3) Lack of effectiveness. (4) The ethical dilemma. (5) Missing legal concept. E. In your own words, say what the following expressions mean: (1) severance of diplomatic relations; (2) resource shortages; (3) unevenly applied standards.

132 APPENDIX 1 adhere in adherence to alliance alien ally n, v armed conflict asylum atrocity bilateral caveat civilian combat combatant constituent (document) contravene convene convention conventional (law) VOCABULARY TO KNOW pollution curb prevention denunciation preponderance of discrimination evidence domestic law prisoners of war explicit refrain fugitive repatriation headquarter reservation human rights scope hostilities sustainable immune development immunity subject to implicit tension impunity treaty maritime (law) treatment mitigate treatise multilateral truce mutual warfare neutrality waste management

APPENDIX 2 Lesson 1 Task 4 Public International Law 2 arms control 3 - asylum 6 environmental issues 7 human rights 8 - immigration 9 international crime 10 maritime law 11 piracy 12 war crimes 15 rights of refugees 16 world trade

KEYS

Private International Law 1 adoption 4 contractual relations 5 matrimonial matters 13 real property 14 consumers rights 17 - employment disputes

Task 9. International lawyers. 1-c 2-a 3-e 4-b 5-g 6-d 7-f 8-h

133

Lesson 2. Task 1. a) treatise; b) ally (n); c) alien; d) alliance; e) ally (v); f) treatment; g) treat; h) treaty Task 2. 1.treats 2.allies 3.treaties 4.aliens 5.allies 6.treatment 7.alien 8.allied 9.treatises Task 6. 1) arbitrator; 2) maritime; 3) engaged; 4) navigator; 5) respective; 6) allotted; 7) dominant; 8) removed; 9) acquisitions. Task 8. country nationality one citizen Israel Israeli an Israeli United Kingdom British a Briton Scotland Scottish/Scotsmen a Scot Switzerland Swiss a Swiss Holland Dutch a Dutchman Denmark Danish a Dane Sweden Swedish a Swede Poland Polish a Pole Iraq Iraqi an Iraqi Spain Spanish a Spaniard Turkey Turkish a Turk Finland Finnish a Finn France French a Frenchman Task 9. Quiz 1. Bermuda: British 2. Christmas Island: Australian 3. Guadeloupe: French 4. the Virgin Islands: American 5. Peter I Island: Norwegian, Norway 6. Aruba: Dutch 7. the Azores: Portuguese 8. Tibet: Chinese, China, China 9. Hong Kong: British, China, Chinese Lesson 3 Task 4 a) International organizations: NATO (North Atlantic Treaty Organization) UN (United Nations) OPEC (Organization of Petroleum Exporting Countries)

134 EU (European Union) ILO (International Labour Organization0 FIFA (Fr: Federation Internationale de Football Associations) WTO (World Trade Association) IMF (International Monetary Fund) WHO (World Health Organization) Others: CIA (Central Intelligence Agency) IRS (AmE: Internal Revenue Service) UK (United Kingdom) US (United States) FBI (Federal Bureau of Investigation) NASA (National Aeronautics and Space Administration) BBC (British Broadcasting Corporation) b. 1) UN 2) EU 3) IRS 4) OPEC 5) CIA 6) FIFA 7) NATO 8) NASA 9) FBI 10) IMF Task 9 a) insolvency b) case law c) receivables d) maritime transport e) letters of credit f) enactments g) assistance h) uniform i) arbitration j) countertrade k) recommendations l) conventions m) construction contracts n) electronic commerce o) updated p) procurement Lesson 4 Task 4. Summary United Nations United Nations Charter 1945 Peace Palace, the Hague 15 judges settling legal disputes giving advisory opinions English and French Task 5 1) settle; 2) submitted; 3) represent; 4) include; 5) have accepted; 6) referred; 7) apply and appear; 8) means; 9) deal with; 10) provide; 11) try; 12) initiate; 13) deliberates; 14) delivers. Task 9 Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.

135 In public international law, a crime against humanity is an act of persecution or any large scale atrocities against a body of people, and is the highest level of criminal offense. Crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder (b) Extermination (c) Enslavement (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. War crimes are "violations of the laws or customs of war", including but not limited to "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave labor camps", "the murder or ill-treatment of prisoners of war", the killing of hostages, "the wanton destruction of cities, towns and villages, and any devastation not justified by military necessity" Crime of aggression was defined as the commission of a crime against peace. It comprised in the planning, preparation, initiation or waging of a war of aggression, or a war contrary to international treaties, agreements or assurances. Task 10 a 2, b-6, c-4, d-1, e-5, f-3

136 Lesson 5 Task 3. Reading 1 1 True 2 True 3 True 4 False Task 4 (b) 1d 2f 3b 4h 5c 6a 7e 8g 9i Task 5. Translation 1. , , . 2. . 3. , , . 4. . 5. . 6. , . 7. , , . 8. . Task 6. Reading 2 Greenpeace is a name of an ecology group which is based in Britain. Its members are people of different nationalities who wish to protect the environment we live in. They do research, bring problems to the attention of the public and take non-violent direct actions. In July 1085 the French planned a series of nuclear tests in the Pacific Ocean. Members of Greenpeace decided to stop the tests if they could, and set off for the area in their boat the Rainbow Warrior III. Task 7 1b 2e 3f 4a 5d 6c Task 9 Paragraph 1: significant Paragraph 2: disrupt, duly Paragraph 3: compensation, binding Paragraph 4: custody Paragraph 5: challenge, hostility Paragraph 6: obstacle, outcome Task 10 a) arbitrate b) immunity

137 c) bolster the nation d) servicemen e) contravenes Lesson 6 Task 4 1e 2j 3b 4g 5h 6d 7i 8c 9a 10f Task 5. Prepositions 1) at 2) in 3) on 4) by 5) at 6) by 7) to 8) over 9) to 10) of 11) into 12) for 13) with/into 14) for Task 6 (b) a interpret b ratify, sign c negotiate d amend e register f conclude, make g draft h terminate Task 7 Article 1. free Article 2. freedoms, race Article 3. liberty Article 4. slavery Article 5. punishment Article 6. law Article 7. discrimination Article 8. remedy Article 9. detention, exile Article 10. tribunal, rights, charge. Lesson 7 Task 5 A-6, B-5, C-1, D-4, E-3, F-2 Task 12 Governs; basic; derives; security; correspondence; adhered; certain; relations; prosper; famous; shooting; Libyan; discovery Task 13 Inviolable, reciprocal, interactive, grounded/groundless, conceptual, immune Task 14

138 (1) domestic or national law (2) public international law (3) cross national boundaries (4) multilateral treaties (5) dispute resolution (6) Over the past twenty years (7) should be distinguished from (8)The latter (9) encompass not only (10) currency regulation (11) World Trade Organisation (12) in the history of international trade law (13) is governed (14) also known as (15) separate treaties (16) "unfair" trading practices APPENDIX 3 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. SOURCES

Powell Richard. Law today. Longman, 1993. Aust A. Handbook of International Law. Cambridge University Press, Aust A. Modern Treaty Law and Practice. Cambridge University Press, Brieger N. Test your Professional English: Law. Penguin English, 2002. Thomas B.J. Intermediate Vocabulary. Harlow, 2002. Riley A. English for Law. Phoenix ELT, 1996. Richard MacAndrew, Ron Martinez. Taboos and Issues/ Heinle, 2002. www.wikipedia.com http://encarta.msn.com/encyclopedia_761571627/international_law. html www.iln.com/news_7.htm www.icj-cij.org www.icc-cpi.int/home.html http://topics.law.cornell.edu/wex/International_trade www.multitran.ru Dictionary of Contemporary English. Longman, 2003 .. . .: , 2005. .. . .: , 2007. .. About International Organizations. . .: , 2002. .. : -. .: , 2006.

139

MODULE 4

EMPLOYMENT LAW
LESSON 1

A. READING Task 1. Study the meaning of the following words: KEY VOCABULARY Insurance - an agreement in which you pay a company money and they pay your costs if you have an accident, injury, etc Expand - to increase in size, number or importance, or to make something increase in this way Shortage - when there is not enough of something Steady - happening in a smooth, gradual and regular way, not suddenly or unexpectedly Dismiss - to remove someone from their job, especially because they have done something wrong Task 2. Read the text, pay attention to the underlined words.

The History of Employment Law


The history of employment law really begins with the industrialization of Western countries in the 19th century. Before industrialization most people worked on the land or in some craft connected with agriculture. They tended to work for the same employer in the same place most of their life. Employment rights depended upon paternalistic employers and informal agreements. Many employees were in a very big position because part of their wages was paid in the form of food and accommodation. Although there were peasant movements which succeeded in improving conditions over 1, 000 of them in Tokugawa Japan, for example few of them led to legislation or outlasted the protest in question. Industrialization brought large numbers of workers together in the same workplace. Recognizing their strength in times of economic expansion and their weakness during depressions, they began to organize themselves more systematically than farmworkers. In response, governments began to see a need for legislation in order to standardize rights and conditions. Laws were passed to recognize and also limits the rights of workers to strike. Other legislation dealt with health and safety in the workplace, and limits upon working hours and ages. Towards the end of the century, Germany and other

140 countries developed systems of insurance to protect workers during sickness, unemployment and retirement. The 20th century has seen a great increase in the deal of such legislation. Although employees rights seem to have expanded during labor shortages (as in presentday Japan) and contracted in times of unemployment, there has been a steady increase in the areas of employment that the law has come to regulate. Most of the richer countries now have legislation which guarantees a minimum wage for all workers; prevents employees from being dismissed without some reason, period of advance notice, or compensation; and requires employers to give their employees a written statement of the main term of their employment contract. In the last twenty years, many countries have also passed laws to ensure that men and women are given equal opportunities to do the same work in the same conditions. B. COMPREHENSION AND VOCABULARY IN USE Task 3. Agree or disagree with the following statements. Make the false statements true. 1. Before industrialization people worked for the same employer in the same place most of their life. 2. Wages were paid in the form of food and accommodation. 3. Legislation brought large numbers of workers together in the same workplace. 4. Legislation dealt with health and safety in the workplace, and limits upon working hours and ages, recognition of the rights of workers to strike. 5. There has seen a great decrease in the deal of legislation. 6. In the end of the 20th century, many countries have also passed laws to ensure that men and women are given equal opportunities. Task 4. Fill in the vocabulary words, try not to look in the text 1. Employment rights depended upon paternalistic employers and informal ... 2. In response, governments began to see a need for . in order to standardize rights and conditions. 3. Industrialization brought large numbers of workers together in the same ... 4. Germany and other countries developed systems of . to protect workers during sickness, unemployment and retirement. 5. Employees rights seem to have during labor

141 6. Most of the richer countries now have legislation which guarantees a minimum wage for all workers; prevents employees from being .. without some reason. Task 5. Give translation to the following word combinations: 1. to adopt, enact, pass legislation 2. steady progress 3. steady demand 4. food shortage 5. labor shortage 6. to carry/take out insurance 7. compulsory insurance Task 6. Insert the correct prepositions. Industrialization brought large numbers workers together the same workplace. Recognizing their strength times of economic expansion and their weakness .. depressions, they began to organize themselves more systematically than farmworkers. In response, governments began to see a need . legislation . order to standardize rights and conditions. Laws were passed . recognize and also limits the rights . workers to strike. Other legislation dealt .. health and safety.. the workplace, and limits upon working hours and ages. Towards the end of the century, Germany and other countries developed systems of insurance to protect workers sickness, unemployment and retirement. Task 7. Insert one of the following words into the text. You may use one word more than once: unemployment, increase, employment, employees, countries, equal, legislation The 20th century has seen a great in the deal of such legislation. Although .. rights seem to have expanded during labor shortages (as in present day Japan) and contracted in times of.., there has been a steady increase in the areas of . that the law has come to regulate. Most of the richer now have .which guarantees a minimum wage for all workers; prevents ..from being dismissed without some reason, period of advance notice, or compensation; and requires employers to give their . a written statement of the main term of their contract. In the last twenty years, many

142 have also passed laws to ensure that men and women are given .. opportunities to do the same work in the same conditions. Task 8. Use the verbs in brackets in correct forms: Before industrialization most people (to work) on the land. There were peasant movements which (to succeed) in improving conditions. Governments began (to see) a need for legislation in order (to standardize) rights and conditions. Most of the richer countries now (to have) legislation which guarantees a minimum wage for all workers; (to prevent) employees from (to dismiss) without some reason, period of advance notice, or compensation; and (to require) employers to give their employees a written statement of the main term of their employment contract. Task 9. Answer the following questions: 1. When does the history of law begin? 2. How did people work before industrialization? 3. Why were many employees in a very big position before industrialization? 4. What did industrialization bring to the workers? 5. The 20th century has seen a great increase in the deal of legislation, hasnt it? 6. What does legislation guarantee now in most of the richer countries for all workers? C. PROJECT-WORK Task 10. Find some facts about the history of employment law in other countries which were not mentioned in the text. Present your information to the class.

LESSON 2 A. READING Task 1. Read the text, pay attention to the underlined words (vocabulary), guess their meaning.

143

Employment Rights
English law makes a clear distinction between employees and self employed people. In general, employees have far more legal rights because they are thought to be in a weaker economic position than the self employed. For example, the 1978 Employment Protection (Consolidation) Act requires that employees be given a written summary of their conditions of work; it provides that employees be given at least a weeks notice if employment is to be ended; and it gives employees the rights to compensation if they are dismissed unfairly or made redundant (dismissed because there is no longer suitable work). The same Act also gives women the right to time off in order to have a baby and the right to return to work within a certain period after having the baby. The application of these rights, however, depends upon the circumstances of employment. For example, people who work part-time (under 16 hours a week) have little protection. Men over 65 and women over 60 are not entitled to compensation for redundancy. The Unfair Dismissal Tribunal sometimes rules that it is fair for an employer to dismiss a sick employee, especially if the employer is a small business. And companies employing fewer than five people do not have to re employ a woman who leaves to have a baby. Other English legislation, such as the 1970 Equal Pay Act, the 1976 Race Relations Act, and the 1975 and 1986 Sex Discrimination Acts, attempts to ensure equality of opportunity for employees and job applications whatever their sex or race. People complaining of discrimination have the right to take their case to an industrial tribunal. Julie Hayward, a cook at a shipyard in Scotland, claimed that it was unfair that male painters, engineers and carpenters at her workplace were paid more than she was. Since the Equal Pay Act requires equal pay for work of equal value, the industrial tribunal carried out a job evaluation survey. The House of Lords finally decided the case in her favor. Mrs. Ursula Hurley won her claim against unfair dismissal after her employer dismissed her because he thought a woman should stay at home to look after her young children. A male worker won his claim that he should not leave the work in a very dirty part of a factory because women were not required to work there. Task 2. Match the vocabulary words from the text with their meaning. Check with the key.

144

1) ; ; ;

a) equality

2) ,

b) tribunal

3) ,

c) attempt

4) -

d) redundant

5)

e) require

6) , , , 7) , ,

f) entitle

g) application

Task 3. Match the vocabulary words with their meaning. Check with the key. 1) industrial tribunal a) to give someone the right to do or have something b) a way in which something can be used for a particular purpose

2) require

145 3) entitle c) a type of law court which decides on disagreements between companies and their workers d) to need or make necessary

4) application

5) redundant

6) attempt

e) the right of different groups of people to have a similar social position and receive the same treatment f) having lost your job because your employer no longer needs you g) to try to do something, especially something difficult

7) equality

B. COMPREHENSION AND VOCABULARY IN USE Task 4. Complete the sentences using the vocabulary words, check with the text. The 1978 Employment Protection (Consolidation) Act . that employees be given a written summary of their conditions of work; it provides that employees be given at least a weeks notice if employment is to be ended; and it gives employees the rights to compensation if they are dismissed unfairly or made . (dismissed because there is no longer suitable work). Men over 65 and women over 60 are not to compensation for redundancy. The 1970 Equal Pay Act, the 1976 Race Relations Act, and the 1975 and 1986 Sex Discrimination Acts, to ensure ... of opportunity for employees and job . whatever their sex or race. Since the Equal Pay Act requires equal pay for work of equal value, the industrial carried out a job evaluation survey. A male worker won his claim that he should not leave the work in a very dirty part of a factory because women were not to work there. Task 5. Answer the following questions:

146 1. 2. 3. 4. 5. What are the difference between the legal rights of employees and self employed people? What does the 1978 Employment Protection (Consolidation) Act require? What Act gives women the right to time off in order to have a baby and the right to return to work within a certain period after having the baby? 4. Companies employing fewer than five people have to re employ a woman who leaves to have a baby, dont they? What Acts attempt to ensure equality of opportunity for employees and job applications?

C. RENDERING Task 6. Render the following article into English. Use the helpful vocabulary. - sick-list - stun discriminate

, ,
. 41- , - Lake House , , " ", 2005 . , , , 14 , 120- , , , . , , , . , , , . , . " , . , . , , , , , ,

147 - , ". .

LESSON 3 A. READING Task 1. Read the texts, pay attention to the underlined words (vocabulary), guess their meaning.

EC employment Law
Since there is supposed to be a single labor market in the EC there have been many attempts to harmonize employment rights among member states. One of the many questions still to be argued on is whether there should be a standard minimum wage. Supporters argue that low-paid workers would be better protected if all employers had to pay a minimum hourly rate. Opponents say that this would put too much pressure on small businesses and discourage them from creating new jobs. The right to strike was one of the first employments rights to be recognized by law, yet the specific rules have varied from time to time and country to country. Since the 1984 Trade Union Act, all strikes in Britain must be supported by a majority vote of the workers in the secret ballot. Technically, strike action still constitutes a breach of an employees contract of employment. However, employers are unlikely to dismiss worker who are all backed by a trade union. Recently there has been a trend toward adopting single-union agreements whether it is legal for an employer to decide which union a worker is to join. Employment Law in Japan There are fewer employment laws in Japan than in many Western countries. Few workers are given clear job description or written contracts and it is unusual for an employee to take legal actions against his/her employer. The main law about sexual discrimination simply asks employers to make efforts to reduce discrimination, without imposing clear duties or penalties. However, as in other aspects of Japanese society, it is not clear if the low level of legal activity necessarily means that employees have fewer rights. It certainly seems to be the case that workers have to work very long hours and often do not ask for overtime payment. Despite the current labor shortage, which has encouraged employers to hire women to do more

148 responsible and better-paid work than before, very few women enjoy equal employment opportunities. In addition, many jobs remain closed to workers of non-Japanese origin, even those who have lived all their lives in Japan. On the other hand, Japanese workers enjoy more security than many employees in western countries. Once hired, they are unlikely to be dismissed. Insurance benefits and recreational facilities are usually made available to them by their companies, and many workers are able to live in big cities only because their employers provide low-cost accommodation for them. One legal development in Japan, which has yet to spread to western countries, is law suits against the employers of workers who had died of karoushi not a specific accident in the workplace or industrial related disease, but general stress brought about by overwork. In 1992, the widow of a Mitsui Company employee was awarded 30 million in compensation after a court learned that her husband had been spending 103 days a year away from home on stressful business trips before his sudden death. Task 2. Make sentences with the following word combinations from the vocabulary: to recognize defeat to recognize officially to recognize widely breach of justice breach of contract breach of the peace breach of promise , to back smb. (up) -. , . to impose a penalty death penalty light penalty maximum penalty ( , ) minimum penalty Task 3. Find the sentences with the vocabulary words from Lessons 1 and 2 in the text of Lesson 3. Translate them. Task 4. Make questions with the following sentences from the text starting with the given words. Put them to your group mates.

149

1. One of the many questions still to be argued on is whether there should be a standard minimum wage. What? 2. Since the 1984 Trade Union Act, all strikes in Britain must be supported by a majority vote of the workers in the secret ballot. Since when? 3. Technically, strike action still constitutes a breach of an employees contract of employment. Does ? 4. There are fewer employment laws in Japan than in many Western countries. How many? 5. The main law about sexual discrimination simply asks employers to make efforts to reduce discrimination, without imposing clear duties or penalties. What? 6. One legal development in Japan, which has yet to spread to western countries, is law suits against the employers of workers who had died of karoushi. Where? Task 5. True or False? A. Small companies in Britain need to rehire an employee who leaves to have a baby. B. EC law is of no benefit to workers in Britain. C. All EC workers have minimum wage laws. D. Striking workers can not be dismissed in Britain if a majority of them have agreed to the strike in a secret vote. B. Discussion. Task 6. Discuss the following questions with your group mates: 1) What disadvantage do many Japanese workers have? 2) What benefits do many Japanese workers enjoy? C. Translation. Task 7. Translate the following into English. Compare your translations with your group mates.

150 . , , . . , , , . , . , . .

LESSON 4 A. READING Task 1. Read the text, pay attention to the underlined words (vocabulary), guess their meaning.

Regulation of Employment
Many legislative enactments affect the employment relationship. First, there are the federal statutes that regulate labor-management relations and collective bargaining. These statutes, the judicial decisions interpreting them, the actions of the administrative agency (NLRB) that enforces and administers them compose a major segment of the law relating to employment. Second, there are the federal statutes that regulate wages, hours, and working conditions. The Fair Labor Standards Act, which controls such matters as minimum wages, hours, and the records to be kept by employers, is an example of such a statute. The Occupational Safety and Health Act, commonly referred to as OSHA, is an attempt by the federal government to ensure, as far as possible, safe and healthful working conditions for every working man and woman. Third, there are the state laws that deal with such matters as child labor, safety devices, unemployment compensation, and fair

151 employment practices. It must be recognized that many of the rights and duties of both employers and employees are determined by these statutes and the administrative agencies operating pursuant to them. The businessman must be familiar with the statutes and the regulations related to them and must comply with those applicable to his business. Task 2. Give the definitions of your own to the following words. collective bargaining safety devices unemployment compensation fair employment practices pursuant to Task 3. Match the definitions with the words from the text. Check with the key. a) statute b) bargain c) to enforce d) to comply with e) to be fair f) to be familiar with g) labor. 1. Knowing a thing well or in detail. 2. Physical work. 3. A written law passed by a legislative body. 4. In accordance with the rules; to be honest. 5. To compel observance of (a law). 6. Act in accordance (with a wish; command; etc.). 7. An agreement on the terms of a transaction or sale. B. COMPREHENSION AND VOCABULARY IN USE Task 4. Insert the necessary vocabulary words. There are the federal .. that regulate labor-management relations and collective . These , the judicial decisions interpreting them, the actions of the administrative agency (NLRB) that and administers them compose a major segment of the law relating to employment. There are the federal that regulate wages, hours, and working conditions. The businessman must .with the .. and the regulations related to them and must with those applicable to his business. Task 5. Make up a sentence with the words given. Check with the text.

152

1) relationship many the employment enactments legislative affect 2) standards which controls such matters as minimum the Fair wages hours and the records Labor to be kept by employers Act 3) there are that deal with safety devices unemployment compensation such matters as the state laws and fair employment practices child labor Task 6. Answer the questions: 1. What is a major segment of the law relating to employment? 2. What do the federal statutes regulate? 3. What controls minimum wages, hours and the records? 4. What is OSHA? What is the OSHA responsible for? 5. What other state laws relating to employment are important? 6. What do the state laws deal with? C. DISCUSSION Task 7. Read the text and give Russian equivalents to the underlined expressions.

Malaysian Labour Law : Regulation of Employment


The Minimum Conditions Set Out For Employment A written contract of employment must be given to every employee where the employment period exceeds 1 month. The contract must include particulars of the terms and conditions of employment and notice period required to terminate it. Wages earned must be paid not later than the 7th day after the last day of any wage period. An employee has the right to be given by an employer, at or before the time at which any payment of wages or salary is made to such employee, a written itemized pay statement. Unless prior written approval of the Director General of the Department of Labour is obtained, female employees are not permitted to work in any industrial or agricultural undertakings between the hours of 10 o'clock in the evening and 5 o'clock in the morning.

153 Female employees are entitled to 60 days paid maternity leave for up to five surviving children. Subject to a minimum of RM6 per day, a female employee shall be paid her normal rate of pay. The normal work hours of an employee shall not exceed 8 hours in one day or 48 hours in one week. All employees are permitted to paid holiday on at least 10 gazetted public holidays in any one calendar year. Annual leave for employee: less than 2 years of service 8 days of paid annual leave 2 to 5 years of service 12 days of paid annual leave more than 5 years of service 16 days of paid annual leave Paid sick leaves for employee: less than 2 years of service 14 days of paid sick leave 2 to 5 years of service 18 days of paid sick leave more than 5 years of service 22 days paid sick leave where hospitalization is necessary, up to a maximum of 60 days paid sick leave per calendar year The minimum payment for overtime work is 1 1/2 times the hourly rate of pay on normal working days, 2 times the hourly rate on rest days and 3 times the hourly rate on public holidays. Task 8. Discuss the employment policy in Malaysia to decide if the employment conditions are fair. Compare them with labour conditions in Russia. D. PROJECT WORK Task 9. Using the Internet and other sources find the information on regulation of employment in other countries. Present this information to the group.

E. TRANSLATION Task 10. Translate this extract into Russian. Use the vocabulary from the box below. bipartite ; tripartite - , ; impact - , ; external

154

Employment has been at the core of numerous bipartite and tripartite bargaining processes across Europe since the early 1990s. This focus on employment has caused changes in bargaining processes and in the content of collective agreements. This article examines the impact of the adoption of employment as a priority in collective bargaining in the Member States of the European Union. It argues that, in the context of the European integration, industrial relations play an increasing role in the regulation of employment issues, but that collective bargaining on these issues is more and more shaped by external political and economic constraints. F. RENDERING Task 11. Work in pairs. Render the following texts into English. Student 1:


, . , : , , Exclusive. , , , , , . , . , : - . , , . , 81 ( ) . , . ,

155 . : , ? . , -, , 95 % . , . Student 2:


: . , . , , , . , , , . , , . . , . .

!
, . . , , , , , . .

156 , : , !

LESSON 5 A. READING Task 1. Read the text, pay attention to the underlined words (vocabulary), try to guess their meaning.

The Fair Labor Standards Act


The Fair Labor Standards Act originally required covered employers to pay their employees at least 25 cents an hour for a regular workweek of 44 hours, to pay such employees at least time and one-half for all work performed over the 44-hour week, and to keep certain records for each worker that would demonstrate compliance or noncompliance with the act. This minimum hourly wage has been increasing each year recently, and by laws already enacted, it will go to $3.20 per hour. The standard workweek is now 40 hours, with overtime pay at a rate of not less than one and one-half times the employee's regular rate of pay. The wage and overtime provisions apply whether an employee is paid on a time, piecework, job, incentive, or other basis. Of course, record-keeping requirements remain. Not all types of employment were covered by the original FLSA, nor are they today. However, the amendments have expanded coverage greatly along with the minimum wage, so that now most workers are protected by it. Categories of persons who are not currently covered include many who do not need the protection, such as those engaged in the practice of a profession and managerial personnel. The FLSA contains sections that regulate the employment of child labor. Under these, 18 is the minimum age for employment in hazardous occupations. These include work involving exposure to radioactivity, the operation of 5 various kinds of dangerous machinery, mining, and roofing. Otherwise the basic minimum age for employment is 16, at which children may be employed in any nonhazardous work. The employment of 14- and 15-year-olds is limited to such occupations as sales and clerical work, under specific conditions of work, for limited hours, and outside school time only. Children under 14 may not be employed, except for a few jobs that are specifically exempt. For example, children employed in agriculture outside of

157 school hours, children employed by their parents in nonhazardous occupations, child actors, and newspaper deliverers are exempt. The FLSA authorizes the three usual sanctions for violations of its provisions. The criminal sanctions carry $10,000 fines and imprisonment for up to six months as penalties. Federal courts may issue injunctions to prevent violations. Finally, an employee who is injured by a violation may bring a civil suit against his employer and recover unpaid wages or overtime compensation and punitive damages, plus reasonable attorney's fees and cost of the action. The administrator of the Wage and Hour Division of the Department of Labor may bring suit on behalf of the employee. B. WORD STUDY Task 2. Study the meanings of the vocabulary words and their usage. hazardous - dangerous: a hazardous journey/occupation exposure - when someone experiences something or is affected by it because they are in a particular situation or place: You should always limit your exposure to the sun. Even a brief exposure to radiation is very dangerous. exempt - with special permission not to do or pay something: Goods exempt from this tax include books and children's clothes. Pregnant women are exempt from dental charges under the current health system injunction - an official order given by a court of law, usually to stop someone from doing something: [+ to infinitive] The court has issued an injunction to prevent the airline from increasing its prices. [+ ing form of verb] She is seeking an injunction banning the newspaper from publishing the photographs. C. Comprehension and vocabulary in use. Task 3. Match the vocabulary words with their Russian equivalents. Check with the key.

158 1. to bring a suit against; 2. to work overtime; 3. hazardous occupation; 4. to be law enacted; 5. child labor; 6. compliance/noncompliance with the act; 7. amendment; 8. penalty; 9. punitive; 10. issue injunctions; 11. damages; 12. attorney's fee. a) b) , , . c) d) , e) f) g) () h) , i) j) k) l)

Task 4. Work in pairs. Choose any 2-3 words from the following and try to explain their meanings in English to each other. Your partner should try to guess the word by its definition. Injunction, violation, penalty, child labor, authorize, exempt, hazardous, amendment, compliance Task 5. Work in pairs. Add as many nouns as possible which can be used with the following adjectives. Hazardous . Punitive .. Regular Overtime Nonhazardous Task 6. Answer the following questions: 1. What is the standard week now? 2. What is the minimum hourly wage? 3. What do the wage and overtime provisions apply? 4. How do the FLSA regulate the employment of child labor? 5. What are the criminal sanctions for violations? 6. What can an employee do, if he is injured by a violation?

159

Task 7. Make up your own questions to the text and ask the group. D. Project work. Task 8. Divide into 5 groups. Read the whole article in Russian. Then each group chooses one part of the article, renders it into English and reports to everybody.


1) 12 2007 , - , () . , 132 5 14 , , , - . , , , , , - . 2) , , . , 218 , 70 , , . ,

160 . , . , , , . , . . : 16 5 2000 2004 . - 26 - , . 3)

, , , , , . , , , , . - , , , , . , , , , , . , , , . 4)

, . ,

161 , , , , , , , , , . , . , , , . 5) ?

, . , , 12-13 ; , 15-16 . , , , , . , , , , , , . , , , . , , , , - , . , , - .

162 , . , , , , . , , , -, , , , , .

LESSON 6 A. Reading. Task 1. Read the text, pay attention to the underlined words (vocabulary), try to guess their meaning.

Discrimination in Employment
Introduction Many cities, most states, and the federal government have enacted statutes designed to prevent discrimination in hiring, promotion, pay, or layoffs, because of race, color, creed, sex, national origin, or age the last category covering workers between 40 and 65 years of age. A federal law also prohibits discrimination against the handicapped. These statutes have modified the basic common law concept that an employer had a free choice in selecting his employees and, in the absence of a contract, a free choice in discharging them. They have been enacted as a part of the general philosophy of government that all persons should have equality of opportunity. These statutes frequently contain criminal sanctions and authorize civil suits for damages. The basic federal law on equal employment opportunity was enacted in 1964. The Civil Rights Act of 1964, as now amended, covers all employers with fifteen or more employees, labor unions with fifteen or more

163 members, labor unions that operate a hiring hall, and employment agencies. The 1972 amendment extended coverage to state and local governments and to educational institutions with respect to persons whose work involves educational activities. The types of employer action in which discrimination is prohibited include discharge; refusal to hire; compensation; and terms, conditions, or privileges of employment. The act proscribes not only overt discrimination but also practices that are fair in form but discriminatory in operation. Tests Practices involving recruiting, hiring, and promotion of employees are often charged with being discriminatory and in violation of the law. For example, the courts have held that the use of a standardized general intelligence test in selecting and placing personnel is prohibited as being discriminatory on the basis of race. Tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to "freeze" the status quo of prior discriminatory employment practices. If an employment practice cannot be shown to be related to job performance, the practice is prohibited. The Civil Rights Act proscribes not only overt discrimination but also practices that are fair in form but discriminatory in operation. As a result, job tests have been dropped by many companies because of the difficulty of proving that all questions are validly related to job performance. Discrimination on the basis of religion, sex, or national origin is permissible in hiring, referrals, advertising, and admission to apprenticeship programs if these considerations are bona fide occupational qualifications. The omission of race and color from this exception means the Congress does not feel that these two factors are ever bona fide occupational qualifications. In addition, religion, sex, and national origin are not usually considered bona fide occupational qualifications. Task 2. Word study. Study the meanings of the vocabulary words and their usage. layoff (noun) 1. a situation in which an employer ends a workers employment, esp. temporarily, because there is not enough work for them 2. a period of time when you are not working or performing an activity such as sport, usu. Because you are ill or injured: Owens is back in action today after a three month injury layoff. handicapped (adj., old-fashioned) someone who is handicapped has a permanent injury, illness or other problem that makes them unable to use their body or mind normally. This word is now considered offensive and is

164 more polite to say that someone is learning disabled, visually impared, hearing impaired, or simply disabled to discharge to force somebody to leave to proscribe (of a government or other authority) to forbid something; to order an end to existence or use of something. The organization has been proscribed by law. The Broadcasting Act allows ministers to proscribe any channel that offends against good taste and decency. The Athletics Federation have banned the runner from future races for using proscribed drugs. overt [uv:(r)t ] (adj.) not hidden or secret; done or shown publicly or in an obvious way: overt criticism overt racism They have given overt support to the new scheme. He shows no overt signs of his unhappiness valid - based on truth or reason; able to be accepted: a valid argument/criticism/reason My way of thinking might be different from yours, but it's equally valid. having legal force: Is this contract/ticket/agreement still valid? validly (adverb) apprentice - someone who has agreed to work for a skilled person for a particular period of time and often for low payment, in order to learn that person's skills: Most of the work was done by apprentices. an apprentice carpenter apprenticeship - a period of time working as an apprentice bona fide [bunfaid ] (adj.) real, not false; a bona fide person or thing is really what they seem to be or what they claim to be. Make sure you are dealing with a bona fide company. bona fides [bunfaid:z ] (noun, pl.) evidence or proof that someone has sincere feelings or is who they claim to be. B. COMPREHENSION AND VOCABULARY IN USE. Task 4. Fill the gaps using the words from the box in the correct form. You may use one word more than once. equality, statute, enact, authorize, amendment, prohibit, suit, refusal, proscribe, bona fide

165

The .. designed to prevent discrimination in hiring, promotion, pay, or layoffs have been . as a part of the general philosophy of government that all persons should have . of opportunity. These .. frequently contain criminal sanctions and . civil . for damages. The 1972 . extended coverage to state and local governments. The types of employer action in which discrimination is . include discharge; .. to hire; compensation; and terms, conditions, or privileges of employment. The act .. not only discrimination but also practices that are fair in form but discriminatory in operation. The omission of race and color from this exception means the Congress does not feel that these two factors are ever . occupational qualifications. In addition, religion, sex, and national origin are not usually considered .. occupational qualifications. Task 5. Choose the correct prepositions: Many cities, most states, and the federal government have enacted statutes designed to prevent discrimination (in/for) hiring, promotion, pay, or layoffs, because of race, color, creed, sex, national origin, or age the last category covering workers (about /between) 40 and 65 years of age. A federal law also prohibits discrimination (against/for) the handicapped. These statutes have modified the basic common law concept that an employer had a free choice (in/with) selecting his employees and, in the absence of a contract, a free choice (to/in) discharging them. Task 6. Match the vocabulary words with their synonyms. Check with the key. 1) 2) 3) 4) 5) 6) 7) 8) apprenticeship bona fide valid handicapped to discharge overt to proscribe layoff a) b) c) d) e) f) g) h) a leave to fire period spent as a student to prohibit genuine having legal force not secret disabled

Task 7. Complete the sentences:

166

1) Most federal governments have enacted statutes designed to prevent discrimination in 2) A federal law also prohibits discrimination against 3) The basic federal law on equal employment opportunity was enacted in 4) The types of employer action in which discrimination is prohibited include 5) . If an employment practice cannot be shown to be related to job performance, 6) As a result, job tests have been dropped by many companies because of 7) Discrimination on the basis of religion, sex, or national origin is permissible

LESSON 7 A. Reading. Task 1. Study the meaning of the new words. Try to give them Russian equivalents. Remuneration - paying someone for work or services CEO abbreviation for chief executive officer: the person with the most important position in a company stipulate - to state exactly how something must be or must be done de facto - adjective (before noun), adverb (formal) - existing in fact, although not necessarily intended, legal or accepted: ground - a reason, cause or argument consent - permission or agreement oblige - to force someone to do something, or to make it necessary for someone to do something exceptional - much greater than usual, especially in skill, intelligence, quality, etc conclude 1) to judge or decide something after some consideration 2) to complete an official agreement or task, or arrange a business deal reimburse - to pay back money to someone who has spent it for you or lost it because of you

167 Task 2. Read the text, pay attention to the underlined words from Task 1.

Employment Law in Russia


The main principles governing the employment relationships. 1. Employment Legislation The main legal act regulating employment relations in Russia is the Labour Code of the Russian Federation effective since 1 February 2002. The latest amendments come into legal force starting 6 October 2006. Labour legislation covers: Labour relations arising under labour agreements; Relations under civil law contracts which are recognised by court as labour agreements; Provisions of labour legislation concern labour relations between Russian Federation citizens or established with the participation of foreign citizens and foreign organisations. Labour legislation does not cover work of: Members of the organisation's Board of Directors (Supervisory Councils), unless such persons concluded with the organisation labour agreements; Contractors under civil law contracts, unless such contracts are recognised as labour agreements with recourse to court. 2. Labour Agreement, Conclusion and Dismissal Performing any kind of work by individuals can be regulated both by: Labour law; and Civil law provisions. Labour agreement Labour agreement is an agreement between the employer and the employee according to which: Employer shall: Provide an employee with the work specified in the labour agreement; Ensure proper labour conditions; Pay labour remuneration in full and in time; And employee shall: Personally carry out the work specified in the agreement;

168 Observe in-house labour rules. Labour agreements are concluded in writing in two copies both signed by the employer and employee. Terms of labour agreement Essential terms Place of work (organisation or its structural unit). Date of beginning of work. The employee's position, speciality, occupation, qualification or specific labour function. The employee's and the employer's rights and duties. Description of work conditions, compensations and privileges for employees working at hazardous jobs. The schedule of working hours and rest (if different from those generally established in the organisation). Remuneration size and system (including the basic wage rate, size of benefits, incentives, terms for social insurance directly related to work). Optional terms Probation. Confidentiality clause (on state, official, commercial or other secret). Employee's obligation to work for a certain period after training effected at the expense of the employer. Terms of labour agreement may be amended in writing only, upon approval of the parties. Conclusion of labour agreement Period A labour agreement can be concluded for: An indefinite period; A definite period usually not over five years - other maximum periods are stipulated for working at certain positions (e.g. an agreement with an organisation's CEO can be concluded for a period stipulated by the organisation's statutory documents). A labour agreement is recognised as concluded for indefinite period if the duration period is not specified in the agreement.

169 Fixed-term agreements A fixed-term agreement is concluded only whereas it is impossible to establish indefinite term of labour relations due to specific features of the job or conditions of its fulfilment. A fixed-term agreement must specify the period of its duration and the reason for its conclusion. Who may conclude labour agreements As a rule, a labour agreement is concluded with employees of 16 years of age or older. Persons applying for a job in educational field may not be employed if they are prohibited from such jobs by court ruling, due to medical indications or previous convictions. The following persons may not be employed: Women - at jobs implying lifting and carrying heavy items exceeding the weight limit established by law; Persons under 18 years of age - at jobs with hazardous conditions, at jobs that may damage their health or morals, at jobs implying lifting and carrying heavy items exceeding the weight limit or at work by shifts. Effective date A labour agreement comes into effect on the day it is signed by both parties, or on the day the employee de facto gets access to work and starts working (if an employee starts working before the agreement is concluded, the employer is obliged to draw up the agreement in writing within three days after the employee began to work). Probation A probation period can be established for the newly hired (the probation clause must be included into the labour agreement, otherwise the employee is considered to be hired without a probation). In general case, a probation period may not exceed three months. Organisation's top managers, their deputies and chief accountants may be placed on probation of up to six months. No probation is established for: Persons hired for up to two months; Persons transferred from another job; Persons under 18 years of age;

170 Graduates being employed in line with their profession for the first time; Persons selected after competition; Persons elected to a position implying paid job; Expectant mothers; Other cases stipulated by laws and work team agreement.

Dismissal Grounds for dismissal Grounds for dismissal of an employee are established as follows: Parties' mutual consent; Expiry of a fixed-term labour agreement; Employee's initiative; Employer's initiative; Employee's transfer to another organisation upon his/her consent; Employee's refusal to continue working under employer's reorganisation or change of founders; Employee's refusal to continue working due to amendment of essential terms of labour agreement; Employee's refusal to transfer to another work required due to his/her state of health; Employee's refusal to transfer to another work when such transfer is required due to relocation of the employer; Events beyond control of the parties (for example, enrolment of an employee to the army); Fact that the agreement was concluded with infringement of rules established by the Labour Code. Limitations to dismissal There is a ban on dismissal of employees while on sick leaves or annual leaves, except for one case - cease of operations of the employer (liquidation of organisation - the employer). Certain categories of employees (expectant mothers, women with children, teenage workers) enjoy protective measures against dismissal, namely the limited number of grounds for their dismissals or specific dismissal procedures that must be observed. 3. Rights and Obligations of Employee Employees rights

171 Employees have right: To conclude, amend or dissolve labour agreements (see above); To get the work stipulated in the labour agreement, to enjoy work conditions corresponding to hygiene & safety standards and terms of work team agreement; To receive their labour remuneration in full and in time (see below); To receive due rest: not to work overtime except for cases set by law, enjoy days off and annual paid leaves (see below); To form and join trade unions and other associations to protect their labour rights, freedom and lawful interests; To get compensation for work-related injuries and moral damages, as well as compulsory social insurance in cases stipulated by federal law; To settle individual and collective labour disputes including the right to strike (see below); To get vocational training and re-training. Employee obligations Employees are obliged: To perform their work properly as stipulated by labour agreement; To observe in-house labour rules, as well as labour protection & safety requirements; To accomplish the work according to the norms established; Treat carefully the property of the employer and of other employees; To inform without delay the employer or one's immediate chief about life or health hazards at work, or about possibility of damaging the employer's property, when any. Working hours Shall not exceed 40 hours per week. A shorter working week is stipulated for certain categories of employees, for example for the disabled of I or II disability groups and minors aged up to 18 years (35 hrs/week) or for employees at hazardous jobs (36 hrs/week or less). Daily schedule and duration of work in general case is established by in-house labour rules. The law provides for limitations in daily duration of work of certain categories of employees (working students, young workers, the disabled, those employed at hazardous jobs). Overtime work

172 Overtime work is possible for each employee (four hours in two days in a run and 120 hours per year). Employer may require from an employee to work overtime upon employee's written consent and in some exceptional cases only. Part-time working day (week) The parties to the agreement are free to fix part-time working day (week). Upon request the employer is obliged to establish a short working day (week) for the following categories of employees: Expectant mothers; Parents (tutors, trustees) of a child under 14 years of age (or with a disabled child under 18 years of age); Persons attending to sick family members. Working part-time does not imply a shorter annual leave, shorter job record, or any other restriction in labour rights. Night work The night hours are deemed to be the time starting from 10 p.m. till 6 a.m. The duration of night work shall be one hour less than the normal one except for employees hired exclusively for working in night shifts. In certain cases the duration of night work is the same as the daily one - e.g., when night work is necessary in the process of operation. Rest, holidays and statutory leave Rest Lunch break should be 0.5 - 2 hours and is not included into duration of working day. Days of rest between working weeks should be not less than 42 hours. It is not allowed to work on the day of rest, unless that is an exceptional case. Holidays Working on holidays is not allowed either, with exception for the work which cannot be suspended. Statutory leave Each employee shall be granted an annual paid leave of at least 28 calendar days. Certain groups of employees are entitled for longer leaves. Besides, the employer may fix a longer leave at its own initiative.

173 An employee gets the right to a paid leave in the first year of his/her work after 6 months of working in a run. Labour remuneration The employer is free to establish the remuneration system (time-rate, piecerate, time-rate-plus-bonus) and the system of labour incentives at its discretion. Delay in remuneration payment An employee who has not received his/her remuneration 15 days after the due date has the right to stop working until the remuneration is paid (except for civil servants, military officers, employees at jobs related to people's vital needs and similar). Guarantees and allowances Labour legislation contains protective measures and additional guarantees to: Persons with family obligations; Young workers under 18 years of age; Persons combining jobs; Educational specialists. Settling labour disputes There are two kinds of labour disputes: individual and collective ones. Individual labour dispute is defined as a labour dispute between the employer and its employee, including ex-employees and those who applied for a job but were refused. Disputes of this types are settled either by commissions for labour disputes, or with recourse to court (see below).Individual and collective labour disputes including the right to strike Financial liability of employees In general case, an employee must reimburse for direct damages inflicted to the employer however the amount of reimbursement may not exceed the employee's average monthly salary. 4. Rights and Obligations of the Employer Employers' rights Employers have the right: To conclude, amend or dissolve the labour agreement with employees.

174 To demand from employees to perform their job duties properly, treat property of the employer and of other employees carefully and observe in-house labour rules; To reprimand and impose penalties on the employees as stipulated by the Labour Code and other federal laws; To negotiate with the work team and conclude work team agreements; To give incentives for efficient work; To issue in-house labour acts.

Employers' obligations Employers are obliged: To provide the work stipulated in the labour agreement; To ensure work conditions as required by hygiene and safety standards; To provide their employees with everything required to perform job duties; To pay labour remuneration in full and in time; To observe legal acts regulating labour relations, terms of work team agreement and labour agreement; To consider applications of employees' representatives (trade unions) on labour law infringements revealed, to eliminate such infringements and inform the representatives on the results; To pay compensation for employees' work-related injuries and moral damage, and to pay fees for employees' compulsory social insurance; To take care of employees' everyday needs related to work; To guarantee equal pay for equal work; To execute in time state bodies' instructions, pay penalties imposed for labour law infringements. Financial liability of employers An employer that infringes employee's rights and lawful interests is obliged to pay the damages for wrongful actions. The employer has to reimburse moral damage to its employee inflicted by its unlawful actions. The amount is determined by labour contract and paid out in monetary form. Besides, an employee may demand payment of moral damages for wrongful actions of the employer (the amount is determined by court).

175 C. COMPREHENSION Task 3. Find in the text all the sentences with the new words from Task 1. Translate them. Task 4. Speak on the following: 1) distinguish between the employed and individual entrepreneur; 2) explain the nature of a labour agreement and give five examples of the main duties placed on the parties to such a contract; 3) explain what the grounds and conditions for dismissal are; 4) explain what is meant by redundancy. D. DISCUSSION Task 5. Discuss the rights and obligations of employers and employees when an employee is dismissed. Task 6. Answer the following questions: 1) What are essential terms of labour agreement? 2) In what case may the parties conclude a fixed-term labour agreement? 3) What is the maximum duration of a probation period? 4) In what circumstances may an employee be dismissed "at the initiative of the employer"? 5) What is the amount of remuneration for overtime work? 6) What is "individual labour dispute" and how it can be settled? LESSON 8 REVISION

A. VOCABULARY REVISION Task 1. Match the words with their meanings. 1)legislation 2) dismiss 3) equality 4) attempt 5) breach 6) penalty 7) statute 8) bargain 9) amendment a) an act of breaking a law, promise, agreement or relationship b) a written law passed by a legislative body c) a law or set of laws suggested by a government and made official by a parliament d) a punishment, or the usual punishment, for doing something that

176 10) authorize 11) prohibit 12) suit 13) stipulate 14) reimburse is against a law e) to officially forbid something f) to remove someone from their job, especially because they have done something wrong g) an agreement on the terms of a transaction or sale h) to try to do something, especially something difficult i) to give official permission for something to happen, or to give someone official permission to do something j) a problem taken to a court of law, by an ordinary person or an organization rather than the police, for a legal decision k) the right of different groups of people to have a similar social position and receive the same treatment l) to state exactly how something must be or must be done m) to pay back money to someone who has spent it for you or lost it because of you n) a change to a law that is not yet in operation and is still being discussed

Task 2. Answer the following questions in writing: 1. What does legislation guarantee now in most of the richer countries for all workers? 2. What are the difference between the legal rights of employees and self employed people? 3. What is a major segment of the law relating to employment? 4. What controls minimum wages, hours and the records? 5. What can an employee do, if he is injured by a violation? 6. What are essential terms of labour agreement?

177 B. TRANSLATION Task 3. Translate the following sentences into Russian. 1. 2. 3. 4. 5. Industrialization brought large numbers of workers together in the same workplace. People complaining of discrimination have the right to take their case to an industrial tribunal. The right to strike was one of the first employments rights to be recognized by law, yet the specific rules have varied from time to time and country to country. There are the federal statutes that regulate labor-management relations and collective bargaining. An employee who is injured by a violation may bring a civil suit against his employer and recover unpaid wages or overtime compensation and punitive damages, plus reasonable attorney's fees and cost of the action. The types of employer action in which discrimination is prohibited include discharge; refusal to hire; compensation; and terms, conditions, or privileges of employment. A labour agreement comes into effect on the day it is signed by both parties, or on the day the employee de facto gets access to work and starts working.

6. 7.

Task 4. Read the following article and answer the questions after the text. JOHN HUMPHRIES, aged 62, is a lorry driver who is proud of being welldressed for work. However, his employer told him that he must not come to work in a collar and tie to drive his 17-tonne lorry. If he did so, he faced the sack. When working, Mr Humphries, an ex-Royal Airforce man, wore dark blue trousers, a light blue shirt, and a red and grey striped tie. He felt he looked smart and impressed the customers. 'If you present yourself properly, you look good and get respect,' he said. Mr Humphries' employers were not impressed when he refused to give up his collar and tie. They wanted him to conform to the company's new image of casual clothing such as T-shirts or sweat shirts. They even threatened to dismiss him if he didn't accept their new dress code. Union officials advised him to accept the change and follow the company's policy. He agreed. YOSHIAKI NISHIURA, a 25-year-old lorry driver from western Japan, was sacked because he dyed his hair brown. (This is a popular fashion with a

178 growing number of young Japanese.) Although he apologised and dyed it black again, he was still fired. His employer, Mr Yamago, believed that behaviour like Mr Nishiura's undermined company discipline and corrupted morale. He blamed it on American influence. 'We need drivers to maintain a professional appearance to make a good impression/ he said. A Japanese journalist said, 'Japanese firms expect all employees to look the same and think the same. When you enter a company, you sign away your human rights.' Mr Nishiura is going to sue his employer for unfair dismissal. Questions: 1.What do you think of: a) the employers' decisions? b) the employees' reactions? 2. How important is your personal appearance at work? Think about formal clothing, uniforms, men with earrings, and tattoos, etc.

179 APPENDIX 1 KEYS

Lesson 1: Task 5. 1. 2. 3. 4. 5. 6. , 7. Lesson 2: Task 2. 1b, 2e, 3g, 4f, 5d, 6c, 7a Task 3. 1c, 2d, 3a, 4b, 5f, 6g, 7e Lesson 4: Task 3. 1f, 2g, 3a, 4e, 5c, 6d, 7b Lesson 5 Task 3 1k, 2c,3d, 4f, 5e, 6g, 7h, 8b, 9i, 10k, 11a, 12j APPENDIX 2 to expand to dismiss to adopt, enact, pass legislation steady progress steady demand food shortage labor shortage to carry/take out insurance compulsory insurance equality VOCABULARY TO KNOW tribunal hazardous occupation to be law enacted child labor compliance/nonco mpliance with the act amendment penalty valid handicapped attempt redundant to require to entitle application to recognize defeat to recognize officially to recognize widely breach of justice breach of contract breach of the peace breach of promise to back smb. (up)

180 punitive to issue injunctions damages attorney's fee to discharge overt to impose a penalty death penalty light penalty APPENDIX 3 1. 2. 3. 4. 5. 6. 7. 8. 9. maximum penalty minimum penalty statute bargain to enforce to comply with to be fair to be familiar with exposure SOURCES exempt to bring a suit against to work overtime apprenticeship bona fide to proscribe layoff

10. 11. 12. 13. 14.

Deborah J. Lockton. Employment law. - 3-rd ed. - Basingstock ; London : Macmillan Press, 1999. Vulnerable workers: psychosocial and legal issues / ed. by M. J. Davidson, J. Earnshaw. - New York : Wiley, 1991. Sugeno, Kazuo. Japanese employment and labor law - Durham : Carolina Academic Press ; Tokyo : University of Tokyo press, 2002. Cotton D., Falvey D., Kent S. Market leader. Course book. Intermediate Business English. Pearson Education Limited, Harlow: Longman, 2000. Macmillan English Dictionary for Advanced Learners. New edition. Oxford: Macmillan Press, 2nd edition, 2007. Longman Business English Dictionary. Harlow: Pearson Education Limited, 2004. www.wikipedia.com www.multitran.ru Corporate and Business Law (Russia), Test Materials for ACCA (Association of Chartered Certified Accountants) -Accountancy Tuition Centre (International Holding) Limited, Teddington, UK, 2007 Cambridge Advanced Learner's Dictionary, Cambridge University Press, 2008 ABBYY Lingvo 10, 19(625) 21.05.2007 http://rosprofsouz.ru/mejdopyt/2007/10/09/mejdopyt_8837.html , http://www.fao.org/newsroom/ru/news/2007/1000591/index.html

181 FAMILY LAW Marriage The legal consequences of marriage Cohabitation today Family property Divorce The Children Act 1989 Adoption Revision INTELLECTUAL PROPERTY LAW What is intellectual property? Historical background What is a patent? Trademark Copyright Intellectual property crime Passing off Revision INTERNATIONAL LAW International law overview From the history of International law International organizations International courts International law cases International agreements Branches of International Law Revision EMPLOYMENT LAW The history of Employment Law Employment rights EC Employment Law Regulation of Employment The Fair Labor Standards Act Discrimination in Employment Employment Law in Russia Revision

MODULE 1 Lesson 1 Lesson 2 Lesson 3 Lesson 4 Lesson 5 Lesson 6 Lesson 7 Lesson 8 Appendix MODULE 2 Lesson 1 Lesson 2 Lesson 3 Lesson 4 Lesson 5 Lesson 6 Lesson 7 Lesson 8 Appendix MODULE 3 Lesson 1 Lesson 2 Lesson 3 Lesson 4 Lesson 5 Lesson 6 Lesson 7 Lesson 8 Appendix MODULE 4 Lesson 1 Lesson 2 Lesson 3 Lesson 4 Lesson 5 Lesson 6 Lesson 7 Lesson 8

4 4 9 12 16 20 26 30 34 37 39 39 44 49 52 56 62 66 70 79 82 82 87 95 102 107 114 121 128 133 140 140 143 148 151 157 163 167 176

182

ENGLISH FOR LAW STUDENTS 4 YEAR PART 1 4 1


11.01.09. 6084 1/16. . . . 11,3. 150 . 7. - . . 191023, -, C ., . 21.

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