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Assignments

I. Read the text and answer the checkup questions.

1. How can a state become a party to a treaty without being bound by some of its provisions?

2. What is a reservation? 3. How can a reservation be made? 4. In which case is a reservation considered to be valid? 5. How is it defined in article 2 of the Vienna Convention? 6. What does the effect of a reservation depend on? 7. What is the difference between reservations made to bilateral and multilateral treaties?

II. Complete the following sentences using the required information from the above text.

1. A state may often wish to sign or ratify or otherwise consent to be bound by a treaty in such manner that ... . 2. A reservation is defined in article 2 of the Vienna Convention as ... . 3. The consent of a state to become bound only by a specific part of a treaty can be effective only if … . 4. A reservation to a bilateral treaty presents no problem, because ... . 5. In the case of a multilateral treaty the problem is more complicated, because… . 6. The time during which reservations can be formulated does not generally exceed ... . 7. Reservations can be invoked by … .

III.* Memorize the phrases below, suggest their Russian equivalents.

1) the states concerned; 2) a treaty left open for accession; 3) a unilateral statement; 4) concerning the terms of a treaty; 5) to accept a reservation; 6) to be bound by a treaty; 7) to make a counter-offer; 8) to modify the legal effect of certain provisions; 9) to require acceptance; 10) to reopen the negotiations.

IV. Study the use of ”upon” in different phrases.

UPON

agreement by the parties concerned

appropriate notification

the conclusion of negotiations

entry into force

the exchange of instruments of ratification

the nomination of the Secretary-General the recommendation of the Executive Board

V. Suggest the English for:

1) на основании письменной заявки; 2) по предоставлению Генеральным секретарем соответствующей кандидатуры; 3) по рекомендации Исполнительного Совете ЮНЕСКО; 4) после соответствующего уведомления; 5) по соглашению; 6) при вступлении в должность 7) при вступлении в силу.

VI. Translate into Russian taking note of the words and phrases in bold type.

1. It is essential that all parties to the treaty should assent to the making of a reservation.

2. Without the consent of all the parties, a reservation proposed in relation to a multilateral convention cannot become effective and the reserving state cannot become a party thereto.

3. In order that any reservation whatever may be validly made in regard to a clause of the treaty, it is essential that this reservation should be accepted by all the contracting parties. 4. A state which has made and maintained a reservation which has been objected to by one or more of the parties to the convention but not by others, can be regarded as being a party to the convention if the reservation is compatible with the object and purpose of the convention. 5. If a party to the convention objects to a reservation which it considers to be incompatible with the object and purpose of the convention, it can in fact consider that the reserving state is not a party to the convention.

VII. Read the following text, translate into Russian.

Amendments to a Treaty

When a mistake is discovered in a signed treaty awaiting ratification, it may be corrected by, and the correction may be initialed by the plenipotentiaries who signed the treaty.

When it is desired to amend a treaty already ratified, or already signed and not requiring ratification, the amendment should take the form either (a) of a new treaty embodying the amendment or (b) of an Exchange of Notes or a Protocol placing it on record that, not with standing the text of the treaty as signed or as signed and ratified, it was to be regarded as being in force in its amended form as from the date on which it entered into force or the date of ratification or some other specified date.

VIII. Speak on the style and composition of reservations.

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