Реферат: Билеты для сдачи кандидатского минимума по английскому языку аспирантам специальностей правовед, бухгалтер, экономист, философ
RUSSIA
Dear Mr. Zakharov:
Please find enclosed the proposed Joint Statement on Technical Assistance which I received yesterday from the U.S. Commodity Futures Trading Commission ("CFTC").
We understand that your office will undertake to forward this document to Chairman Parkov.
If the Russian finds the proposal acceptable, we should notify Ms. Corcoran of that fact.
We look forward to your future communications on this matter. Best regards.
Sincerely yours,
Jeffrey A. Burt
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 №9
Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes
The Task of the International Judge
Lauterpacht argues that in avoiding a declaration of non liqiiet by filling material gaps in the law the judge is necessarily creative:
The rejection of the admissibility of non liqiiet implies the necessity for creative activity on (the part of international judges. Legal philosophy in the domain of municipal jurisprudence has shown the possibilities and, indeed, the inevitability of the law-creating function, within defined limits, of the judge within the State.
The development of international law by the International Court, its secondary function, is, for Lauterpacht, clearly and expressly connected with the doctrine of gradual concretization. In exercising this function, the Court is not bound to base its decision simply on the arguments and considerations raised in the parties' pleadings as in interpreting and applying concrete legal rules the Court does not act as an automatic slot-machine, totally divorced from the social and political realities of the international community. It exercises in each case a creative activity, having as its background the entirety of international law and the necessities of the international community. The distinction between the making of law by judges and by the legislature is upon analysis one of degree ... judicial activity is nothing else than legislation in concreto ...
But this is legislation within limits. The creativity of international judges must stop short of interference with established rights. If these are a cause of friction, then they might be a fit object for legislative change, but legisiation cannot be let in by a backdoor by transforming the nature of the judicial function'. Moreover, even where the judiciary is creative, its rulings are themselves relatively indeterminate: Judicial legislation is not - and ought not to be - like legislative codification by statute. It cannot attempt to lay down all the details of the application of the principle on which it is based. It lays down the broad principle and applies it to the case before it. Its elaboration must be left in. addition to any doctrinal elucidation of the law by writers, to ordinary legislative processes or to future judicial decisions disposing of the problems as they arise.
The clear conclusion to be drawn is that Lauterpacht views the international judicial function as one which is law creative, rather than as merely the elucidation of the specific legal relationships which obtain between the parties.
Iain J. M. Scobbie. The Theorist as Judge. European Journal of International Law. Vol. 8 No 2, S997.
Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes
athens travel service
2-4 Alopekis sir., 10675 Alhens
Tel: 00301-33 3 5254*Fax:00301-333 5256
Date: 07/08/00
To: Mr A.Egorov
From: C.Vakali
Ref: Eommex group 20/8-03/9/00
With reference to the above group, we would like to inform you with the following.