English for Lawyers 3

1. English for Lawyers 3 Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic@gmail.com Session 7, 3 Dec 2013

2. Today’s session • Revision of the previous session • The Legal Character of InternationalLaw • Language work (prepositions)

3. Revision of the last session Wills and Inheritance

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

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

6. Answer the questions • What are the requirements for a valid will? • How can a will be revoked? • Is the family of the deceased guaranteed a part of the estate? • Who are personal representatives of the deceased? • What documentsneed to besubmitted for probate? • What happens in the case of intestacy?

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

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

9. The Legal Character of International Law Unit 25

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

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

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

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

14. Public international law • first emerged after the First World War, with the establishing of the League of the Nations • no central international body that makes international law • laid down by international organisations (e.g. the United Nations) and subject-oriented organisations (UNESCO, WHO, FAO, etc.)

15. Sources of public international law • international treaties and conventions • custom (evidence of general practice accepted as law) • general legal principles recognized by civilized nations

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

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

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

19. International treaties RATIFICATION • the definite consent of a state to be bound by thetreaty • typicallyperformedbyrepresentative, i.e. legislative bodies ENTRY INTO FORCE • the beginning of the period of the binding force of a treaty (verbs: to ratify a treaty, to enter into force)

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

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

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

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

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

25. Customary law • stems from a pattern of state practice motivated by a sense of legal right or obligation • principlesofcustomcanbe CODIFIED • e.g. thelawofwar, codifiedintheGenevaConventions • thelawoftreaties – ViennaConvention

26. General legal principles some common principles: • estoppel – prevents the denying of statements issued andfactsagreed to be true • responsibility for the reparation for damage • responsibility of a state for acts of its agents

27. Language work

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

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

30. Thank you for your attention!