国际法双语复习大纲

国际法双语复习大纲

1. An effective occupation must involve two components: an intention to act as sovereign and an adequate display or exercise of sovereignty over the territory.

2. The protective jurisdiction is a jurisdiction, whereby a state can exercise jurisdiction over offenses committed outside its territory, which are considered injurious to its security and national interest.

3. In order to effectively fulfill their diplomatic mission ambassadors and other diplomatic staff need some special privileges and immunities.

4. A state is liable for unlawful acts which cause other states or nationals of other states suffering.

5. A material breach (one or more parties violate an important provisions an agreement) may lead to the termination or suspension of the treaty in the whole or in part.

6. The exercise of the high seas would respect the interest of other states, and is subject to the general rules of international law.

7. Negotiation is considered the simplest and most widely used means to resolve disputes.

8. Retorsion is an unfriendly and harmful act by a state as a method of retaliation against the injurious activities of another state.

9. Under the universal jurisdiction, each and every state may assert jurisdiction over the offense, irrespective of the nationality of the victim and the offender and the location of the offense.

10. Under international law, every sovereign is equal to and independent of any other sovereign.

11. State responsibility reflects that state or other political entities must be responsible for a breach of an international obligation.

12. Treaties can’t bind states which are not parties to them unless those states express consent to be bound.

13. It has been accepted that every state should respect the territorial sovereignty

including the sovereignty of the airspace and territorial sea of any other state.

14. The international seabed and its resources constitute part of the common heritage of mankind and no sovereign or other rights may be recognized.

15. The decision of the international court is final and without appeal and has binding force upon the parties in question.

16. Reprisals refer to unlawful acts taken by a state in retaliation against an earlier illegal act by another state.

英译汉

1．In the early eighteenth century, a new doctrine of equality of states was introduced into international law that regardless how a state was, large or small, weak or powerful, it was equal to any other state in terms of sovereignty.

18世纪早期，一种新的理论被引入国际法中。这种理论认为，国家不分大小强弱，与其他国家主权平等。

2．Nowadays, academic works are still contributing to the development and improvement of international law by pointing out flaws and proposing constructive suggestions, although the predominant influence of legalistic writings upon the formation of rules of the international system has been declining.

如今，虽然法律著作对形成国际法体系规则的决定作用已经下降，但是（国际法学界的）学术著作通过指出不足并提出建设性的建议，仍然不断的为国际法的发展和完善做出重要的贡献。

3. As an international person a state should possess the following qualification: (1) a permanent population; (2) a defined territory; (3) government; and (4) independence or sovereignty.

作为具有国际人格的国家，它必须具有以下要素：（1）定居的居民；（2）确定的领土；（3）政府；（4）主权。

4. Historically, some traditional Western scholars were intended to regard territories that were inhabited by non-Europeans or states that were not established under the

criteria of European states as terra nullius.

历史上，一些传统西方学者倾向于把非欧洲人居住的土地或者没有按照欧洲国家标准建立的国家看作无主地。

5．Upon these new challenges and opportunities there gradually evolved a new concept of international communities constituted secular nation-states with characters of independence, sovereignty and competition, which would be.

面对新的挑战和机遇，逐渐产生了一个有关国际社会的崭新概念：这个国际社会应该是由具有独立和主权特征的世俗民族国家组成的。

6．There is no legislature, executive or structure of courts within international law; there is no single body able to create laws internationally binding upon everyone, nor a proper system of courts with compulsory jurisdiction to interpret and extend the law.国际法体系内没有立法机构、行政机构和法院系统；在国际领域，没有任何一个机构有能力创造法律来约束每个成员，也没有一个合适的具有强制管辖权的法院体系去解释和拓展国际法。

7．To be a subject of international law an entity must have international personality; it must have the capacity to possess international rights and duties and, as a consequence, must have the capacity to maintain such rights by bringing international claims.

一个政治实体，必须拥有国际人格才能成为国际法的主体；它必须具有能够独立享受国际权利并且承担国际义务的能力，因而，必须具有为保障自己权利而进行国际主张的能力。

8. An effective occupation must involve two components: an intention to act as sovereign and an adequate display or exercise of sovereignty over the territory.

先占是否有效必须包含两个因素：作出对该地土地行使占领的意思表示和表明或行使对该土地的主权。

9. An international agreement concluded between states in written form and governed

by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

条约是国家间依据国际法所缔结的书面协定，不论其载于一项单独文书或两项以上相互有关之文书内，也不论其特定名称为何。

10. The law of the sea governs the relations of states in respect of the maritime territory subject to coastal state jurisdiction and those areas of the sea and seabed beyond any national jurisdiction.

海洋法调整国家之间关于沿海国管辖范围内的海上领土或任何国家管辖范围之外的海域和海底而产生的海上关系。

11.A dispute, as defined by the Permanent Court, is “a disagreement over a point of law or fact, a conflict of legal views or of interests between two persons”.

按照国际法院的解释，一项争端是“两人之间对法律或事实认识的不同，或者法律观念或利益的冲突”。

12. All members shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered.

所有成员国应通过和平方式解决国际争端以避免危及国际和平与安全。