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

БОЛЬШАЯ ЛЕНИНГРАДСКАЯ БИБЛИОТЕКА - РЕФЕРАТЫ - Билеты для сдачи кандидатского минимума по английскому языку аспирантам специальностей правовед, бухгалтер, экономист, философ

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.

Task II. Translate the letter from English into Russian without a

dictionary. Your time is 5-7 minutes

To: Ms Rodoula Ath. ZICCI

Deputy Minister of National Economy

28 January 2000

Dear Ms Zicci

Herewith I am glad to write in accordance with my forthcoming visit to

Greece as a participant to ASIA FORUM 2000 which is to be held in

Thesalloniki on 7-8 February.

I was a great pleasure to meet you during my visit to Athens in July.

Taking the chance of going to Greece I would greatly appreciate if you

could find a few minutes in your dense business schedule and meet me and

discuss the issues of mutual interest.

Thank you in advance for your kind cooperation and assistance.

Looking forward to meeting you, I remain

Sincerely yours

Gennady Bogachev

Deputy Minister

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 №3

Task I. Translate from English into Russian in writing using a dictionary.

Your time is 45 minutes

At present, only Germany and Portugal have a coherent group law, while

other states make do with a few isolated rules scattered in their national

company laws. The draft will define when a group exists. The decisive

factor in this will be the parent company's controlling influence in law or

de facto. Based on the German model, the draft will also state that

dominance agreements must be drawn up between the parent company and the

subsidiary, whereby the parent company directly takes over the management

of the subsidiary. The 'price' for this is to be a closely defined

indemnification of the subsidiary's minority shareholders and creditors. It

is regrettable that it has proved impossible so far to establish a uniform

group law in the Union, because the uncertainty surrounding the state of

law for a transnational group is considerable. Development in European

group law is virtually at a standstill, and many would welcome the adoption

of the Ninth Directive, perhaps in yet another, even simpler form. Until

then, group law will continue to develop in an ad hoc manner.

It is, however, an interesting aspect of this development that in its

case law, the European Court has undertaken a de facto further development

of group law albeit only in certain areas. One of the core questions of

group law that national and/or Community law provisions ought to decide is

the extent to which the group has a right, or perhaps an obligation, to be

considered as an entity. This means that the plurality of legal persons

making up the group will be deemed to be one with regard to rights and

obligations. In a number of situations, the core area of group law is the

important factor when looking at whether the group should be treated as an

entity or as a plurality. Subsequently, the choice arises between separate

or joint treatment of the group's legal persons. In this area, the Court

has demonstrated a flexibility and a will to develop which is scarcely

evident in national legislators. I shall mention only a couple of examples

from the Court's work.

Clearly the dominant principle within group law, as a branch of company

law, is that the individual group company is deemed to be an independent

entity with regard to both rights and obligations. Group companies are not

liable for one another, no set-offs are allowed between one company's trade

debtors and another company's debts, etc. This principle is no obstacle, of

course, to the individual group companies accepting liabilities or

financial guarantees for one another.

European Business Law Review. September/October, 1998

Task II. Translate the letter from English into Russian without a

dictionary. Your time is 5-7 minutes

To: Mr Joe Smith

Director General

Fair Trade Commission

USA

Re: New Informational and Communication Technologies. Review and

Perspectives

20 August 1999

Dear Mr Smith

We have the pleasure to invite you to participate in the International

Conference

" New Informational and Communication Technologies. Review and

Perspectives".

This high-level International Conference will take place in London, 8-9

November 1999. It will host participants from competition authorities

representing foreign and international organizations, governmental,

academic and business circles.

The working languages of the Conference are English and French.

We would highly appreciate your participation in this event.

For further details please contact Ms Johnston (tel.: 456 899 01)

William Brandt, Minister

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 №4

Task I. Translate from English into Russian in writing using a dictionary.

Your time is 45 minutes

Law and the Rule of Law

Lauterpacht located the International Court at the centre of the

international legal order, arguing that the Court's original and primary

purpose was to decide disputes between States and, by fostering the rule of

law among them, to contribute to international peace. That purpose has not

wholly materialized owing to the political conditions prevailing after the

Second World War and to the reluctance of Governments to confer upon the

Court the requisite jurisdiction. These conditions are not necessarily of a

permanent character ... It is that purpose which, notwithstanding temporary

setbacks, must remain the abiding purpose of the judicial organization of

the community of nations under the rule of law.

Within this structure, legal officials, such as judges, play an

indispensable role in securing the Rule of Law as when they apply the

necessary abstract rule of law to the concrete case, they create the legal

rule for the individual case before them.

The object of law to secure order must be defeated if a controversial

rule of conduct may remain permanently a matter of dispute ... it is

essential for the rule of law that there should exist agencies bearing

evidence, and giving effect, to the imperative nature of the law. The law's

external nature may express itself either in the fact that it is a precept

created independently of the will of the subjects of the law, or that it is

valid and continues to exist in respect of the subjects of the law

independently of their will.

The importance of the judicial function permeates Lauterpacht's concept

of law. This is expressed in his argument for obligatory jurisdiction that

is itself a consequence of the emphasis which Lauterpacht gives to the

gradual concretization of law. Apart from the search for a basic norm, this

is the most prominent aspect of Lauterpacht's concept of law which is

primarily associated with Kelsen. Norms are relatively indeterminate as

they cannot specify all the conditions for their application.

The actual operation of the law in society is a process of gradual

crystallization of the abstract legal rule, beginning with the constitution

of the State, as the most fundamental and abstract body of rules, and

ending with the concrete shaping of the individual legal relation by a

judgement of a court, or by an adjudication or decision of an

administrative authority, or by an agreement of the interested parlies.

lain J. M. Scobbie. The Theorist as Judge. European Journal of

International Law. Vol. 8 No 2, 1997.

Task II. Translate the letter from English into Russian without a

dictionary. Your time is 5-7 minutes

INTERNATIONAL & PUBLIC RELATIONS DEPT.

Athens, 29 December 1999

Mr. Alexey PROKOFIEV

Vice Minister

Subject: EOMMEX's data base

Dear Sir,

The Hellenic Organization of Small and Medium Sized Enterprises and

Handicraft (EOMMEX) is the Public Body supporting the SME's in Greece

supervised by the Ministry of Development.

EOMMEX, is trying to enrich it's data base with all the existing

nformation, in order to help the Greek SME's develop transnational co-

operations.

Therefore, we would very much appreciate if you would send us all the

available information concerning the following topics :

1. The existing legislation on foreign investment.

2. The incentives that could attract foreign investments (e.g. current tax

system e.t.c.).

We would like to thank you in advance for your kind co-operation.

Sincerely yours,

Kl. Stavrakakis Director

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 №5

Task I. Translate from English into Russian in writing using a dictionary.

Your time is 45 minutes

THE SCOPE OF COMMUNITY LAW

If the goals of the original EEC Treaty were, as its name implied,

primarily economic, they were so in the widest sense. The treaty was from

the beginning much more than a free trade agreement. The Community's

activities, outlined in Article 3 EEC, were to include the elimination of

all internal barriers to the free movement of goods, persons, services and

capital (the common or single 'internal market', see now Article 7a EC);

the approximation of the laws of member states to the extent required for

the proper functioning of the common market (Article 100 EEC); the

harmonisation of indirect taxation (Articles 95-99); the establishment of

common policies in the spheres of agriculture and transport and the

creation of a Community competition policy. States were to co-ordinate

their economic policies 'in order that disequilibria in their balances of

payments might be remedied'. In the field of external affairs the Community

was to establish a common customs tariff and a common commercial policy

towards countries outside the EEC ('third countries') and to 'associate

with overseas countries in order to increase trade and to promote jointly

economic and social development'. The Community thus had extensive internal

and external competence in economic matters.

But even at the outset the goals of the EEC were not purely economic. The

preamble of the EEC Treaty expressed the resolve of member states 'to

ensure the economic and social progress of their countries'; their

essential objective being the 'constant improvement of the living and

working conditions of their peoples'. Articles 117-128 provided for action

in the field of social policy, requiring states to promote improved working

conditions and improved living standards for workers. Article 119 provided

a principle of equal pay for equal work for men and women, the purpose of

which, according to the European Court, was both economic, to remove the

competitive advantage of a (normally) cheaper workforce in states which

failed to provide for equal pay.

If the sphere of Community competence was large even at the Community's

inception, it has been greatly extended since then, either by action by the

EC institutions under Article 235, which allows the institutions to 'take

the appropriate measures' if action by the Community 'should prove

necessary to attain ... one of the objectives of the Community and this

Treaty has not provided the necessary powers', or by amendments to the EEC

Treaty provided by subsequent treaties, the Single European Act (1986) and

the Treaty on European Union (the Maastricht Treaty (1992)).

________________________

EC European Community

EEC European Economic Community

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.

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 №6

Task I. Translate from English into Russian in writing using a dictionary.

Your time is 45 minutes

In relation to the EU's tender regulations, the Court has established

that when a parent company submits a tender for a public contract and must

document expertise and experience in the relevant area (eg building and

construction work), the parent company may also include the expertise

possessed by one or more of its subsidiaries rather than by the parent

company itself, provided that it is proved that the parent company

'actually has available the resources of those companies which are

necessary for carrying out the works'.

With regard to the EU's non-competition rules, when a competitor has

complained of competition distorting group agreements and practices, the

Court has deemed several companies acting as one entity to be one entity

under the non-competition rules. The Court ruled that when subsidiaries are

completely unified with the parent company in their polices, they and the

parent company constitute a single economic unit in the sense of Art 85 of

the Treaty. It follows they the group's policy (eg co-ordinated price

policy) does not constitute distorting agreements or practices among

undertakings for the simple reason that these are not undertakings, but a

single undertaking irrespective of the formal division into a number of

companies.

With regard to the EU's Television Broadcasting Directive, the Court has

ruled that a television group is domiciled, and thus governed, by the

television legislation in the state where the centre of its activities is

located [programming etc). This means that the Court identifies all group

companies and considers them as a single entity, irrespective of whether or

not the broadcasting activities are formally divided among a number of

companies across a number of states. In practical terms this means that

each subsidiary is seen as a branch, and this makes the Court's decision

worthy of note. See also the Court's Decision of 10 September 1996. These

judgments (and there arc more) are all identifications to the advantage of

the group. But a small number of cases where the identification

disadvantaged the group may also be mentioned. The Court has affirmed that

legal action may be brought against a parent company in another state where

its subsidiary was domiciled, because the Court deemed it to be the parent

company which in real terms was conducting its business in another state,

using its subsidiary merely as an extension of itself.

___________________

EU European Union

European Business Law Review. September/October, 1998

Task II. Translate the letter from English into Russian without a

dictionary. Your time is 5-7 minutes

Der President

10965 BERLIN

des Bundeskartellamtes

18 December 1998

Minister

Gennadiy Khodirev

Dear Minister,

I am writing today to invite you to our 9th International Conference on

Competition, which will be held on 10 and 11 May 1999 at the Hotel

Intercontinental Berlin, the venue of our last conference.

The subject of the 9th International Conference on Competition is:

Mega-mergers –

I would be very pleased to welcome you to Berlin as a participant at our

9th International Conference on Competition. As in previous conferences, a

simultaneous translation will be in German, English and French.

Yours sincerely,

Wolf

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 №7

Task I. Translate from English into Russian in writing using a dictionary.

Your time is 45 minutes

Despite Article 5, states, sometimes deliberately, sometimes

inadvertently, not infrequently failed to fulfil their Community

obligations. Whilst procedures were provided under the Treaty for action by

the Commission or by member states before the Court of Justice against

states which had 'failed to fulfil their obligations' under Community law

(Articles 169 and 170, see Chapter 11), these provisions proved

insufficient on their own to secure the effective enforcement of EC law,

for a number of reasons.

First, the Commission (or member state) may simply be unaware of breaches

of Community law by member states. In a Community of twelve it is not

possible for the Commission, with limited resources, effectively to monitor

the laws and practices of all member states.

Secondly, although any person may complain to the Commission of suspected

infringements of EC law by member states and request the Commission to act

under Article 169, and the majority of Article 169 proceedings have been

found to result from such complaints, an individual has no power to compel

the Commission to act under Article 169. The Commission has a complete

discretion in this matter. The enforcement of EC law against member states

by Community institutions is a sensitive matter. The Commission may choose

not to proceed against insignificant failures. Where the breach is clear,

and significant, the Commission can, and often does, achieve compliance-by-

negotiation at the preliminary stages of the Article 169 procedure; it will

not then be necessary to proceed to the final stage before the Court. Yet

Individuals may have suffered damage as a result of member states' prior

actions in breach of EC law. They may have paid levies which were

wrongfully imposed; or deprived of rights, for example under Directives,

which they would have enjoyed had states fulfilled their Community

obligations.

Thirdly, even where the Commission proceeds to action before the Court

under Article 169 and obtains a judgment under Article 171 that the state

has 'failed to fulfil its Community obligations' the Court has no power to

impose sanctions to guarantee compliance. The state is simply required to

'take the necessary measures' to comply with the Court's judgment. If the

State fails to take the necessary measures the Commission must resort to

fresh Article 169 proceedings for the state's failure to comply with the

Court's judgment under Article 171.

_________________________

EC European Community

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

H.E.

Mr. Gennady Bogachev

Deputy Director

Dear Mr. Bogachev,

I want to thank you for your participation in the Political and Economic

Leaders Summit of 7-8 February, in Thessaloniki, in the frame of ASIA FORUM

2000.

You will soon receive a short report with the conclusions. We proceed also

to the publication of the Proceedings.

We have started the preparations for the Business Meeting and Exhibition of

23-28 May. We hope to have your support in motivating enterprises and

businessmen to participate in the event.

We shall ask your active involvement in the May event very soon.

Thanking you once again, I remain

Sincerely yours

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 №8

Task I. Translate from English into Russian in writing using a dictionary.

Your time is 45 minutes

A Protocol on Social Policy attached to the treaty, from which Britain

opted out, declared as its objectives the promotion of employment, improved

living and working conditions, proper social protection, dialogue between

management and labour, the development of human resources with a view to

lasting high employment and the combating of exclusion (Article 1).

The Community was required to develop trans-European networks (Article

129b EC) and to contribute to the development of education and vocational

training and the flowering of European culture (Articles 126, 127, 128 EC),

albeit in these latter cases in a supporting role, 'supplementing' and

'encouraging' the actions of member states, pursuant to the principle of

subsidiarity.

As well as amending the EC Treaty the treaty on European Union provided

for co-operation with a view to the framing of common policies in the

fields of foreign and security policy, and eventually defence, and in

justice and home affairs. These matters remain strictly intergovernmental,

in the nature of a 'normal' international agreement and outside the

institutional framework of the EC treaty; as such they will not be subject

to the jurisdiction of the European Court, nor will they be the concern of

the British courts. When member states are acting under these provisions

they are acting as members of the European Union. The term 'European

Community' will continue to apply to matters pertaining specifically to the

EC treaty.

It is clear from the above brief outline that the scope of the law

stemming from the EC treaty, and of Community competence, is now extremely

wide. Within this area of competence the Community institutions have power,

subject only to the limitations provided by the treaty, to pass laws,

binding on states and individuals. As well as provisions of the EC Treaty

which may be enforced by national courts, there now exists a substantial

body of EC secondary legislation in all the areas of activity outlined

above, fleshing out the basic principles of the treaty. Much of this law is

directly enforceable within national legal systems. Where it is not it may

be necessary for national courts to take it into account in interpreting

national law. The Index of Community Activities listed in the Directory of

Community Legislation in force. Official Journal (OJ) of the European

Communities, indicates the range of Community law. All EC secondary

legislation is published in the Official Journal (L) series; it is listed,

analytically (Volume I) and chronologically (Volume II), with the

appropriate OJ reference, in the Directory itself.

________________________

EC European Community

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

February 25, 2000

VIA FEDEX

Mr. Alexander Ivanov

President

MICEX

Moscow

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.

SCHEDULE

OA 352 20/8 Moscow-Athens 1450-1725

OA 351 03/9 Athens-Moscow 0930-1355

You are kindly requested not to issue tickets for those not travelling. All

issued unused tickets must be delivered to our representative at the

airport otherwise you will be charged. Upon your arrival at the Athens

airport you will be met bv our representative, holding a sign:

EOMMEX

ATHENS TRAVEL SERVICE

We would like to know which person will be in charge as head of the group

during their stay in Greece.

The group will stay at the Training Center of the National Bank.

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 №10

Task I. Translate from English into Russian in writing using a dictionary.

Your time is 45 minutes

The EFTA Court. The EEA Agreement also required the EFTA states to create

an EFTA Court, which was created with effect from I January 1994. It

consists of five judges appointed for a six-year renewable term. It sits

only in plenary session, although it could request the EFTA states to

permit it to establish chambers. There are no Advocates-General. The sole

working language is English except where the Court directs otherwise and

where national courts refer questions for interpretative opinions3. Its

seat is in Geneva.

The jurisdiction of the EFTA Court. The forms of process before the EFTA

I Court fall into five categories:

(a) Infringement proceedings raised by the. EFTA Surveillance Authority

against an EFTA state, analogous to article 169 of the EC Treaty.

(b) Settlement of disputes between EFTA states relating to the EEA,

analogous to article 170 of the EC Treaty.

(c) Actions to annul a decision of the EFTA Surveillance Authority,

analogous to articles 173 and 174(1) of the EC Treaty. The first such

action was raised in April 1994.

(d) Actions against the EFTA Surveillance Authority for failure to act,

analogous to article 175 of the EC Treaty.

(e) Advisory opinions to national courts of EFTA states. But it is

important to note that there are significant differences between this

procedure and article 177 of the EC Treaty. First, because the EEA Treaty

does not require the transfer of legislative authority to any EEA

institution, advisory opinions of the EFTA Court are, unlike preliminary

rulings from the Court of Justice, non-binding. Second, an advisory opinion

may be sought only upon the interpretation of the EEA Treaty, and not upon

the interpretation or validity of acts of the institutions. Further, there

is no obligation to seek an advisory opinion, even for courts of last

instance, and national rules may restrict access to the procedure to courts

of last instance". The first request for an advisory opinion, from a

Finnish customs appeal committee, was lodged in April 1994 and decided in

December 1994.

__________________________________

EC European Community

EEC European Economic Community

EFTA European Free Trade Association

EEA European Economic Area

David A.0. Edward & Robert C. Lane. European Community Law. An

Introduction. Second Edition. Butterwiths Law Society of Scotland,

Edinburgh, 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