Реферат: Билеты для сдачи кандидатского минимума по английскому языку аспирантам специальностей правовед, бухгалтер, экономист, философ

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: международное право; европейское право)

билет №1

Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

The need for enforcement

As the Court of Justice said in 1963, in the landmark case of Van Gend en Laos NederlandseAdministratiederBelastingen (case 26/62), the European Community

constitutes a new legal order in international law, for whose benefit the states have limited their sovereign rights ... and the subjects of which comprise not only the member states but also their nationals.

Whilst some may dispute the unique nature of this new legal order (see Wyatt, D., 'New Legal Order or Old?' (1982) 7 EL Rev 147) there is no doubt that the law stemming from the three EC treaties comprising the European Coal and Steel Community (ECSC) Treaty 1951, the Euratom Treaty 1957 and the European Economic Community (EEC) Treaty 1957, renamed the Economic Community (EC) by the Treaty on European Union 1992, differs from traditional international law in a number of important respects. First, the Treaties, particularly the EC Treaty, are much more extensive in their scope than most international agreements, embracing many areas of activity normally reserved to national law alone; secondly they created a strong framework of institutions, endowed with the power to make laws, binding on states and individuals, on all matters within their scope; and thirdly, and as a result of the first two factors, EC law is exceptional in the extent to which it penetrates domestic law, creating rights and obligations enforceable by and even against individuals before their national courts. These characteristics, taken together, have resulted in an immense and ever-growing body of Community law, existing alongside and often conflicting with domestic law, and enforceable, directly or indirectly, within domestic legal systems.

Because of its 'special' nature the enforcement of EC law raises particular problems for English lawyers. It requires a new approach to interpretation; the application of new techniques and principles; the modification of national actions taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks.

They shall abstain from, any measure which could jeopardise the attain­ment of the objectives of this Treaty.

Enforcing EC Law. Josephine Steiner. Blackstone Press Limited, 1995

Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes

Dear Mr. Minister:

It was a pleasure to meet you during our recent visit to Moscow. I was encouraged with the discussion and look forward to moving ahead to assist small- and medium-sized businesses in Russia.

Mr. Paul Tumminia, Ex-Im Bank Director-Russia and NIS, will be in contact with you as to our future plans on this matter.

Please do let us know if you are planning to be in the U.S.
Sincerely,

phone (202) 565-3500 fax (202) 565-3513

811 vermont avenue, N.W. washington, D.C. 20571

Task III. Conversation on the topic of your thesis

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: международное право; европейское право)

билет №2

Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

Accordingly, judicial activity is essentially the last link in the chain of the crystallisation of the rule of law ... it is the bridge between the necessarily abstract legal rule and the necessarily indi­vidual nature of the particular case. Every case is individual and every rule abstract.

This doctrine obliterates any distinction between law and obligation or, more pre­cisely, legal relationships. The latter constitute only the specific application of the former. This assimilation of legal material has a peculiar consequence for the pres­entation of international law:

The actual content of international law is even more meagre than may appear from its presentation in text-books, when we consider that most rules of international law are con­cerned with a definition of subjective rights established by particular or general treaty. Rights of this nature would hardly appear in a presentation of a system of municipal law which is composed of abstract rules of an objective nature.

There is thus an apparent tension at the heart of Lauterpacht's concept of law. On the one hand, law lies in the legal relationships established by the parties inter se, while yet equally on the other hand, law comprises precepts which exist independ­ently of the parties' will.

Further, Lauterpacht sees law as an imperative system, that is as a series of com­mands directed at the subjects of the legal system to regulate their behaviour. Given his adhesion to pacta sunt servanda as the fundamental presupposition underpinning the system, once a state's agreement is given, whether tacitly or expressly, to a norm then the resulting rule binds the state independently of its will. Regardless of whether pacta sunt servanda is a customary norm or initial hypothesis, it constitutes a command, i.e. a rule existing independently of the will of the parties. It is of no consequence that in the international sphere the command does not issue from a po­litical superior. Law may be a command without being the command of an organized po­litical community ... law may be a command merely by virtue of its external nature.

Moreover, Lauterpacht's array appears to be conditioned by that of Kelsen, for whom 'the legal duty is the central and only essential element of the legal sys­tem'. It must be conceded that, albeit in the context of a discussion of the Permanent Court' competence, Lauterpacht stated that 'like the bulk of the rules of private law, the rules of international law are primarily of a permissive character.

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