41 and translate the text, Pay attention to the expressiong ea v. Ri in bold. THE STATE* international society is constantly changing. New actors appear and disappear. Polities break apart, and new = are Created. Itergovernmentl organizations grow in number to deal with emerging al issues. Other non-state actors proliferate and continue to a the —— landscape, Even so, states remain the preeminent actors in contemporary ‘international relations. As the touchstone for formulating and implementing legal rues, the state enjoys being the entity longest contemplated as a person in international law and is still widely viewed as the most important legal actor. Quite accurately, ‘the law of nations’ today essentially remains the law for the states. States are organic creatures: they are born, they live, and they die, But states are also anthropomorphic creations. They are founded and fashioned by humans, used by humans for their own social and political purposes, and ended by humans. Modern international law adapts to the progressive existence of states by establishing rules that condition the creation, existence, and death of statehood. This is not to say that international rules deal comprehensively with the origins, existence, or maturity of states, for they do not. It is impractical to set rigid rules that determine the lawfulness of an independent political community's existence. The state, which remains a historical aiid’ geopolitical reality, functions more as the creator of law than as a creature of law. On general level it is possible to determine the rules that govern formal acknowledgment by the international community that an entity qualifies for admission into the interstate society. Most salient among these legal rules are the essential characteristics usually accepted for defining a state — namely, an entity's occupying a clearly defined territory; possessing a permanent Population; Operating an effective go" externally; including th vernmental capacity, internally and and having the capacity to engage in international relations, ability to fulfill international legal obligations. [...] ae TCC. Ine Litefield, 2005.36) pot L*™ in the 21st Century: Rules for Global Governance. Rowman & -98-Recognition The existence of states provides the basis of the contemporary jntemnational legal order. But what should determine the lawful existence of astate or even a government? State practice has d€Vi8ed special rules and procedures for this purpose, albeit governments perform them unilaterally and discretionarily. This process of formally acknowledging the legal existence of astate or government in international relations is called recognition. In a legal system as individualistic as intemational law, rights and responsibilities cannot be created for a subject of the law unless that subject has been publicly acknowledged. A state can exist independent of recognition, but some form of recognition is necessary to secure the admission of that polity into the international community. Governments of states have complete discretion in granting recognition as subjects of intemational law to other entities. They are limited primarily by their interest or willingness to establish direct contact with an independent territorial group that demonstrates signs of permanency. Recognition thus remains an executive act. Recognition attaches certain legal consequences to an existing set of facts, asjapplieditoycither a state or government that claims to be the lawful representative of a state. The recognition of a state defines its membership in the world community and supports its claim as a separate judicial personality — that is, as an international person. Also important is the fact that recognition carries with it entitlement to the rights and privileges held by states under international law. Recognition assumes that the recognized state is capable and willing to not only claim the benefits of international law but to also abide by its rules. The overarching Purpose of recognition, then, is to allow the recognized state to participate in theomutualjandréeiprocal giving and taking that form the essential conditions of interstate relations. The act of recognition aMmiguintsiko a state’s becoming accepted into the international community, whether explicitly or implicitly. Recognition is explicit when the government of the recognizing state issues(a™iformal statement. A new state may be recognized implicitly by an established state -99-The critical ingredient remains a clear indication of intent to recognize the state or new government; otherwise, the quality of the implicit recognition will be deemed as lacking. [...] Two theories of recognition prevail in modem international law. First, there is the constitutive theory of recognition, which suggests that recognition is a law-creative action. It is the act of recognition that endows a polity with the legal status of statchood and imfuses a government with the legal capacity to engage in international diplomatic relations. In the constitutive theory, recognition becomes a formal legal act intended to attach the prescribed legal consequences of statehood on some new polity. It is not supposed to be political in nature or in consequence. Second, there is the declaratory theory of recognition, which maintains that statehood or governmental authority exists separately from the act of recognition by some state. The existence of a state is based in fact; it is not dependent on formal acknowledgment by some other govemment. The declaratory theory asserts that recognition by a government merely acknowledges a factual situation: the existence of a state. The act of recognition does not create the legal existence of that state. While recognition remains a process essential for international relations, neither theory satisfactorily explains the legal condition of a polity before the moment of formal recognition. Ofygreater|substanitive!lconcent lis whether standards of recognition are more political than legal. If formal recognition of asstate by some government depends on the former polity fulfilling requisite Qualifications that define a state ~ that is, it must have territory with recognized borders, a population, a responsible government, and the qualities of being sovereign and independent ~ then there should not be any real question over the status of that polity. If an entity fully meets those qualifications, then government officials in other states should deem it acceptable for recognition as a state. Such is not always the case, as political Considerations of governments sometimes preemptiperceptiblelreality. During the Cold War, the United States refused to recognize the legitimacy of several Comnunist states, including the Democratic Republic of Germany (until 1973), the People’s Republic of China (until 1978), Vietnam (until 1995), and the Democratic Republic of Korea. Many states also refused to recognize the Hanoi-installed government of Kampuchea (Cambodia), which had seized -100-power while Prince Sihanouk’s UN-recognized government was in exile. Similarly, the United States refused to recognize the government in Haiti imposed by military coup in 1991 that overthrew the democratically elected government of a former Catholic priest, Henri Aristide. VI. Answer the questions. 1, What is a state? . What is recognition of a state? . Can a state exist without recognition? . How can states be recognized? . What is the constitutive theory of recognition? . What is the declaratory theory of recognition? AUAwn VII. Complete the following sentences using the required information from the text. 1. As the touchstone for formulating and implementing legal rules, enjoys being the entity longest contemplated as a person in international law and is still widely viewed as the most important legal actor. 2. Modem international law adapts to the progressive existence of states by that condition the creation, existence, and death of statehood. . The state, which remains , functions more as the creator of law than as a creature of law. 4. This process of formally acknowledging the legal existence of a state or government in international relations is called » 5. Governments of states have complete discretion in as subjects of international law to other entities. 6. The recognition of a state defines its membership in the world community and supports its claim as — that is, as an international person. 7. The act of recognition amounts to a state’s becoming accepted into the international community, whether explicitly or implicitly. 8. Recognition is when the government of the recognizing -101-state issues a formal statement. 9. A new state may be recognized implicitly by an established state through the conclusion of a treaty; through the sending or receiving of diplomatic agents; : 10. While recognition remains essential for international relations, neither theory satisfactorily explains the legal condition of a polity before the moment of formal recognition. VIII. Decide which statement is TRUE and which is FALSE. Use the required information from the text above and correct the false statements. 1. The states are founded and fashioned by humans, used by humans for their own social and political purposes, and ended by laws and regulations. 2. It is impractical to set rigid rules that determine the lawfulness of an independent political community's existence. . The state, which remains a historical and geopolitical reality, functions more as the creature of law than as a creator of law. In a legal system as individualistic as international law, rights and responsibilities can be created for a subject of the law unless that subject has been publicly acknowledged. . Recognition assumes that the recognized state is capable and willing to not only claim the benefits of international law but to also abide by its rules. . In the declaratory theory, recognition becomes a formal legal act intended to attach the prescribed legal consequences of statehood on some new polity. It is not supposed to be political in nature or in consequence. w - w . If formal recognition of a state by some government depends on the former polity fulfilling requisite qualifications that define a state — that is, it must have territory with recognized borders, a population, aresponsible government, and the qualities of being sovereign and independent — that polity, + fan entity fully meets those qualifications, then government officials -102- then there should be a real question over the status of 9in other states should deem it unacceptable for recognition as a stat. te. IX. Translate into Ukrainian. International society, law-creative action, democratically elected oe + te government, in exile, nonstate actors, to proliferate, preeminent actor, acknowledgment by the intemational community, entity 1 ce essential characteristics, governmental capacity, : international community, entitlement to the rights and privileges, overarching purpose, recognition, explicitly or implicitly, constitutive theory of recognition, legal consequences, declaratory theory of recognition. “ | LANGUAGE FOCUS 1. Legal personality n: the lawful characteristics and qualities of an entity (A benefit of operating a business as a corporation is the protection it affords its owners because the law recognizes its legal personality, so lawsuits are filed against it as a legal entity). 2. Concept n: 1. something conceived in the mind; 2. an abstract or generic idea generalized from particular instances (the basic concepts of psychology, the concept of gravity). 3. State n: |. the particular condition that someone or something is in at aspecific time (the state of the company’s finances); 2.a physical condition as regards internal or molecular form or structure (water in aliquid state); 3.a nation or territory considered as an organized political community under one government (Germany, Italy, and other European states). 4, Theory n: 1.a supposition or a system of ideas intended to explain something, especially one based on general principles independent of the thing to be explained (Darwin’s theory of evolution), 2. an idea used to account for a situation or justify a course of action (My theory would be that the place has been seriously mismanaged). 5. Doctrine n: 1. a belief or set of beliefs held and taught by a Church, -103-political party, or other group (the doctrine of predestination); 2. astated principle of government policy, mainly in foreign or military affairs (the Truman Doctrine). 6. Competence n: 1.the ability to do something successfully or efficiently (courses to improve the competence of staff); 2. the legal authority of a court or other body to deal with a particular matter (The court's competence has been accepted to cover these matters); 3. aperson’s subconscious knowledge of the rules governing the formation of speech in their first language. 7. Actor n: 1. a person whose profession is acting on the stage, in films, or on television; 2. a person who behaves in a way that is not genuine (in war one must be a good actor), 3.a participant in an action or _ Process (Employers are key actors within industrial relations). 8. Individual n: 1. a single human being as distinct from a group (trips Sor parties and individuals); 2. a single member of a class (They live in agroup or as individuals, depending on the species); 3. [with adjective] a person of a specified kind (The most selfish, egotistical individual I have ever met); 4.a distinctive or original person; 5. having a striking or unusual character; original (She creates her own, highly individual landscapes). 9. Recognition n: 1. the fact of knowing someone or something because you have seen or heard him or her or experienced it before (When he returned to his home town after the war, he found it had changed out of all/beyond all recognition); 2.’ agreement that something is true or legal (It’s a new country, hoping for diplomatic recognition from the international community); 3. If you are given recognition, people show admiration and respect for your achievements (she complained that the company never gave her any recognition for her work).J. Study the use of the phrases with ‘SUBJECT’ and give their Ukrainian equivalents. subject to reservations subject of controversy (dispute) subject to consideration subject of law subject of inquiry legal subject foreign subject natural-born subject subject of case — subject matter subject catalogue — debate a subject delicate subject — deviate from the subject subject smb. to discrimination dismiss the subject dull subject = — remarkable grasp of the subject know a subject inside out be subject to a rule Il. Complete the following sentences with the given expressions. 1. Before the report is submitted to the United Nations, a public hearing has usually been organized in order 2. [have sent separate communications to President Gbagbo and the Security Council on this 3. The Special Rapporteur Pelieves that : of such recommendations merits increased discussion at the international and national levels. : : ae 4, Special attention is paid to the conservation and restoration of o} -105-books, the compilation of professional and __ catalogues, and electronic data processing. When the perpetrator of a criminal offence is such aperson is afforded international criminal legal assistance upon the relevant request submitted through the Ministry of Foreign Affairs. The first report of the new Special Rapporteur was praised as demonstrating that he and a good understanding of the way in which the second reading of the draft articles should be conducted. All persons professing a religion are entitled to exercise and enjoy the same rights, privileges, immunities and advantages to which Her Majesty’s other are entitled within this island, any law, custom or usage to the contrary notwithstanding. 8. The presence of the minor's defence counsel in the investigatory ca 2 aw bodies and the reaffirmation that the minor is is significant step forward in our country’s legislation concerning minors. 9. The Committee could not simply make a blanket condemnation of the Practice, but exceptions must : 10. Often this type of solution stipulates that contracts, which do not involve advanced technology — such as certain type of surface works and civil engineering ~ must be placed with local suppliers, and this question of ‘local preference’ is frequently a TIL Study the use of the phrases with ‘STATE’ sentences given below into Ukrainian. ~ sovereign state — cynepenua xepxana; The limits of the sovereign state: Strategic Contemporary Society; and translate the ies of Crime Control in ~ member state ~ nepxana-unen (6yap-a A member state of the European Union j the European Union (EU) and thereb: obligations of EU membership; KOI Opranizauii); 8 a state that is party to treaties of 'y Subject to the privileges and -106-— to establish/found/set up a state — crsopurn Repxapy; In the Palestinian Declaration of Independence, the State of Palestine is described as being established on the ‘Palestinian territory’, without explicitly specifying further; — to govern/rule a state — KepyBaTH NeprxaBo1; Who was the only governor to govern two different US states? (Robert Lucas was Governor of Ohio from 1832-1836 and Governor of the Iowa Territory 1838-1841); — puppet state — MapioHeTKona Jepxana; Puppet governments are usually kept in power by military force provided by an occupying country; -welfare state — «lepx%aBa 3aranbHoro yoOpobyry» (3 cucremo1 couianbHoro 3aGesnedeHHs, GesKOUITOBHUM HaBYaHHAM TOWLO); A welfare state is a “concept of government in which the state plays key role in the protection and promotion of the economic and social well- being of its citizens”; -state of affairs — 3aranbuwit craw peyeli y Aepxasi y KonKperauii TpoMixok 4acy; “Wondered how such a state of affairs had come about.” Franklin D. Roosevelt, -renegade state/rogue nation/rogue state — nepxaba, lo He NoBaKa€ S30BHILIHIO NoniTHKy iHLIAX NeprKaB; The concept of ‘rogue state’ plays a pre-eminent role today in policy — planning and analysis; —city-state — jepxKana, Wl0 CKaMaeTECA 3 OHOTO CyBepeHHOrO Micta; A city-state is an independent or autonomous entity whose territory consists of a city which is not administered as a part of another local government, -107-L. Translate the following text into English. In groups of three-four discuss this information. CYB’€KTH MDKHAPOJIHOLO IIPABA”® Tonamma cy6’exma mincnapodnozo npaca Cy6'exmu miocnapodnozo npasa — ye yracnuxu miocnapodnux sidnocun, aki sonodiioms mixcHapodnumu npasamu i 0608'nsKamu, 3diiicnioiome ix Ha ockosi miscnapodnozo npasa i necymy @ Heobxiduux eunadkax miscnapodxo- npasosy sidnosidansnicms (Tynxin II). Cy6’ckrn salimaiors WeHTpamHe craHoBMIne B MbkHapoaHOMy mpaBi. oro cyrnicrs, mpupoaa € noxiauoio Big mpxpogu i cyrHocri cy6’exris MixvapogHoro mpapa, Miksapopve npaso cayxurs intepecam cBoix cy6’ektis, perymtoe BiNHOCHHH Mix HMMM, BU3Ha4ae ix cTaTyc i, 30KpeMa, mpasa i o60B’s3KH. ?? 3anopoxaiiit O., Byrxeswa B., Mauux B. Koxcnexr sexuili 3 ocnos teopii mixnapommoro mpasa. Kui: IMB, 2001. 145 c. -110-Ocnosui pucu i oco6aucocmi mincnapodnoi. npacocy6’cxmnocmi Mbxsapoana upasocy6'extHicts € BnactHictio cy6'extis MbknaposHHx piOCHH, KA BHIHAHA i BH3HAYEHA HOpMaMH MixnapogHoro mpapa, Tpkepenom MbkHaponxol mpazocy6'extuocri € MbkHapogui Aorosopy i spwaai, AKi PeTyJIOIOTh =MibkHapogHe cnispo6itunutao yuacunxis MbxHapoawHX BiHOCHH. Y BH3HAHNI MixHapogHo- mpasosoi cy6’ekrHocti yuacHvika MbkHapOdHHX BiQHOCHH NocHaaiorsca Ha 3BHYail, 1Opaau4ua mpupoaa cy6’extis MixHapoqoro mpapa G6ynyereca Ha xommiexci 3aranbux i cneundivnyx osnax. 3aranbui osHaKn cy6’exris wbkHapogHoro mpapa: 8) snarnicts peanisosysatn mpasa i o6os'sskn Ha ocHosi Hopm MbkHapogHOro MpaBa; 6) snaTHicts 6yTH cropoHoro y BiquocHHaX, BperynboBaHAx HOpMaMH MbkHapomHoro mpaga, aki CrBopeHi rosORHHM 4HHOM 3aBAaKH MbKHapOgHHM yronam; 8) 3naTHICTb CTBOpiOBaTH HOpMH MikHapogHoro mpaza. 3narHicrs Mata caMoctiiianii mixnapoguo-npasosnii cratye TaKox MOXE PO3IIALATHCh AK 3araibHa O3HaKa MbKHAapoMHOi MpaBocy6’eKTHOCTI, ane 3 NEBHHME BUKTIONeHHAMH. [...] Jncmumym miscuapoonoi npacocy6’exmnocmi Inctaryt ixnapoguoi upapocy6’exrHocti € ueHTpanbHHM B cucTeMi cysactoro mixxapojHoro npasa. Bin 06’equye Tpyiy MpaBOBHX HOPM, B AKHK BYBHAYAETECA IOPHIMYHH 3MicT cy6’exTa MixkHapoqHOrO NpaBa, perKHM Mpagonoro ctarycy yuacHwka MbkHapomH™Mx upasoniquocuy, saranbHi Jopaqw4Hi npapa i saranbHi 1opHaNdHi o60s’A3KH cy6’eKTa MixHaponHoro mpasa, ymosn, sumorn go cy6’exris MixkHapoaHoro mpasa, dyHxuil, crpykrypa, auqu npasocy6’exrHocti i aHaM cy6’extiB npaBa ToUO. Alepsicaca — ocnosnuit cy6’exm Miscnapoonoco mpasa a Mixnapoga mpasocy6’extuicrs aepxasn € daxtuunoi B cuy dif HOPMH: BHHMKHEHHA jepKaBH — OpHAWIHMH dbaxT, AKHH sarlodaTKOBye i Mpasocy6’extuicrs. Jjepxasn cTBopioiors inmMx cyO’eKTIB MixHapoqHOrO Mpaka uuiaxoM yknaneHHa MixkHapoaHHx norosopis. B cay BkasanHx BaacTHBocTeli MixnaponHa npaBocy6 eKTHICTe AeprKaB € NEPBAHHONO, Tepxasn ronosni cy6’exTH MixHapouHoro npasa. Bown GeanocepennEo aekontpomowrs aiansuicts inumx cy6'exris mixuaponuoro mpasa, ix xe gisisnicrs xoNTpomoctsch onocepeaKoBaHo, Epes Mixnapossnng incturyyiiinnii Mexanism. : He ome 6yTH TakHx Mi’KHAapODHO-NpaBOBMX BiHOCHH, cy6'eKtom AK we Morna 6 G6yTH jepxaBa, TOMy BOHA € yHiBepcambHum cy6’extom MbkHapOAHOFO mpapa. Tepxazam ax cy6’eKtam MikHapomHoro MpaBa BNaCTHBO (dozosip Monmesideo 1933 p.): Haceneuus, teputopia, ypad, MOKIMBiCTS BCTynaTH y BiQHOCHHH 3 iHILHMH WepxaBaMH. Aepxapu pisxi 3a topHmnioi camoctifinicno i Hesanexnictio, ane 1a o6csrom cy6"exrHsHux npas i o6on’s3KiB, 3a OPHIHYHHM HANOBHeHHAM cBoro mpaposoro crarycy gepxasn we € pisuuma. [Opuamna piswicrs gepxan MPOABIAETECA B TOMY, IO 2KOMHA TepyKaBa He MOXKe HaB’s3aTH imi CBOIO somo, o6on'ssKu Ges ii arog ~ KOKHa yepxkapa cama Bupimye Baxi mpasosiquocwan BctynaTH. Mixcuapodna npasocy6’exmuicms mincnapodnux opzanizauiit Bnepme umrauua eisai mioxwapouoi _mpazocy6"exrnocri MbxuaponHMx opranizaniii BHHMKIO B 3B’a3Ky 3 AiaeHicno Jira Hamiii, Tipa Yuranenni yronn mix Jirow Hani i Uselinapiew (1926 p.), Jlira BaCTymaa a pibuonpasimii cy6’exr gorosopy, mo nmigTBepqwi0 mpasosgatHicts i Miesnataicrs mixnaponsoi opranisauii. Ane p Hayui MixHapogHoro mpaza Rosriii sac He 6yx0 onHoctaitHocTi mono MpaRocy6' exrHocTi MbkuapomHux opranisani#i. 3i creopenuam OOH opranisanii 6yno wanineno ditkumn mpazamn i o60n’a3Kamn cy6’exra MbkHaposHoro mpaza. Tipavocy6'exrnicts mixnapogunx Opranisaniii € BropHHHoto, MoxiqHOIO BM MPaBocy6’exrocti nepxas. Mixnapoasi opranisanii Gepyte yuacts B Mixuaponmux npaponiqnocunax ayy OKAX, BCTAHOBNCHHX ycTAHOBYMMH axTaMu WMx Opranisauiii,4) npaso wa enispoGiminniTa0 3 cyG'exraxm wixsapoaioro npasa ra ia bd : ae Misienapodxa npasocy6’cxmuicms disuunot ocobu [oxo MixwapoaHoi mpasocy6’eKtHocti isnot ocobH noci He icsye egnot TOHKH 3OPY: Ue mrranna yeknanmoctics Ht THM, MO Mae He sHUTe pasony, ait nonirwsuy cKnazoBy. Mixnapoana npasocy6'exruicre hisnsnot ocoGH posrmamactick Bit ii MOBHOTO HEBHSHAHHA, 20 ToxBH WKin, HanpsMia, sri Seay onto BHSHOTS TAKY MIpanocy6'excriticrs. Ha KopHoTs BuSHAHHA hisH4HO! ocobH cyG’eKTOM MirkHaposHoro mpana cpingarb Taxi baxTH: 1, OisnaHi OcoOH MOXYTE BHCTYTIATH cTopoHO! B cysi MpoTH RepRAB (Buryutl pecmumyyiiinuil cyd iz epezyawsanHa numane, aKi eunuxau 6 pesynomami Jpyeoi ceimoeot eitinu, Mioenapodnuit Henmp is epeevmoaanna ineecmuyiiinux cnopie 6 panxax Ceimosozo Ganxy, Ceponeiicexuil cyd 3 npas wodunu). B pimensisx Exponeticexoro cyay 3 span MoqHHH sasHayaerboa: «Cnigmosapucmeo saxpinnioe Hosuii npacosuit nopadox 6 mixcnapodnomy npasi, 92 aKUM nepeedzu depocas 6 vacmuni ix cysepennux npasa obuescyromsca i cyO'eKmamu eusnaromeca He Juwe depowasu, a it zpomadanuy. 2. Mixapogui mpasa i oGon'saKn disusnoi ocoGu GesrtocepenHio dopmynioiorkcs B HSU Mixtapomo-npasosux noxyNentip (Mixenapodnuit naxm npo exouomiuni, coyianoni i xynomypyi npasa) [...). Busnanna depscas [uJ B miaciapontomy npasi icnyiors sai Teopi mwauanns nepan — KoucTuTyTHBHa i eKnapaTHBHa. Koncmumymuena meopia: «nonimusnuil akm ausnanna € nonepedueoio ynosow icuyeanna ropuduunux npas nosot deporcasu». Came akr BHOHAIIE iM nepxKaBaMH cTBOpIoe HOBy Aep%any, NopowKye i saGesnesye if ‘nmaposuy ipanocy6’exricrs. Busnantix KoBo! Hepxcann, AKA nignosinae ywonam zepskaprocri, Mac GyTH npaBositM OGOB’#SKOM. TaKe BHSHAHIA Moxe MaTH BUKMOUHO TIpaBopi HacniAKA. Aexnapamuana meopia: «eusnanns € Mule dexnapayicw, wo Koucmamye icnyrouuit gaxm eunuxnenna nogozo cy6’exma aizicnapodKoz0 npasa. Tepocasa sdo6yeac mixcnapodny npaaocy6'exmnicme enacni0ok EEN -113-