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Journal of International Law an International Relations
 

Journal of International Law and International Relations 2009 — N 2

Summaries 


International Law

Refugee Law

Legal Provisions for the Implementation of the Law of the Republic of Belarus "On Provision to Foreign Citizens and Stateless Persons of Refugee Status, Subsidiary and Temporary Protection in the Republic of Belarus" — Tatiana Tumashik (only russian)

Law of International Treaties

International Treaties of the Republic of Belarus as a Source of Regulating Labour Relations — Elena Volk

International Organizations

Legal Regulation of Integration between Belarus, Kazakhstan, Russia and Ukraine (the relationship between EvrAzES and SES) — Stefanida Bosovets

Comparative Law

International Legal Experience in Handling Radioactive Waste — Sergey Golovanov

International Relations 

New Trends in Belarusian-German Political Relations at Present Stage — Andrey Rusakovich

The Problem of the Status of the National Assembly of the Republic of Belarus in the Parliamentary Assembly of the OSCE — Ludmila Semyonova

European Union Constitution: the History of its Elaboration and the Reasons for its Ratification Failure — Yuliya Kruk

Global Politics at the Beginning of the XXI century: the USA and China Positions — Svyatoslav Vitkovsky

Specific Character of Ethnological Approach to the Study of the Forced Migrants from Afghanistan in Belarus — Stepan Stureika

Documents and Materials

World Refugee Day — 2009 in Belarus — Tatiana Selivanova (only russian)

Important Issues in Realization and Perfecting the Legislation of the Republic of Belarus in the Sphere of Forced and Foreign Labour Migration: Seminar Materials — Sergey Kasinsky (only russian)

New Belarusian Publications on Migration and Refugee Issues (only russian)

Inernational Experience

Tourism Studies at the Faculty of Economics of the Matej Bel University in Banska Bystritsa (Slovakia) under the Bologna Process — Marian Guchik

International Economic Relations

Prerequisites and Strategies of Internationalisation of Venture Structures — Alexey Danilchenko, Olga Malashenkova

Modern Concept of Foreign Direct Investments: Integrated Approach — Elena Semak, Ivan Turlay

Tourist Multiplier in the Assessment of the Economic Contribution of Ecological Tourism in a Region’s Development — Olga Mozgovaya

Outsourcing Services Market in International Trade — Volha Kananovich


English Summaries


«International Treaties of the Republic of Belarus as a Source of Regulating Labour Relations» (Elena Volk)

The article investigates the concept, essential features and forms of international treaties. The necessity to specify the definition fixed in legislation is explained and the place of international treaties in the legislation of the Republic of Belarus is defined. The correlation of international treaties and domestic legal acts is considered. Expert study of application of international treaties of the Republic of Belarus to regulate labour relations allowed to formulate amendments to part 2 of Article 8 of the Labour Code and to the Laws «On International Treaties of the Republic of Belarus» and «On Legal Rules and Acts of the Republic of Belarus».


«Legal Regulation of Integration between Belarus, Kazakhstan, Russia and Ukraine (the relationship between EvrAzES and SES)» (Stefanida Bosovets)

Legal regulation of interstate integration on the post-soviet space is a very important and relevant issue. The goal of this article is to consider the problem concerning duplication of integration unions on the example of the Eurasian Economic Community and Single Economic Space and to analyse legal consequences of possible participation of Ukraine in the integration process under the auspices of SES. For this purpose it is necessary to carry out the comparative legal analysis of EvrAzES and SES and to consider their differences and similarity. The data cited in the article, the conclusions made, as well as the practical experience of legal regulation of the interstate economic integration, developed under the auspices of other integration unions (ASEAN, APEC, EU, EFTA, MERCOSUR, NAFTA), allow the author to suggest the mechanism of regulation of integration processes between Belarus, Kazakhstan, Russia and Ukraine without their participation in such an integration union as SES.


«International Legal Experience in Handling Radioactive Waste» (Sergey Golovanov)

Legislation of several countries of the world which regulates radioactive waste handling is of considerable interest, especially, for the Republic of Belarus. The author tries to analyze the legislation of Finland and the USA on issues relating to environmental protection in the area of storing and utilisation radioactive waste. The author considers a possibility to establish a special body, which would be responsible for recycling issues, the search and setting up radioactive burial ground; it would permit the republic to avoid other states’ mistakes.


«New Trends in Belarusian-German Political Relations at Present Stage» (Andrey Rusakovich)

The relations between Belarus and Germany present an important factor within the complex of relations of Belarus with the European Union. They take an important place in the foreign policy strategy of the country.

The article analyses the development of political relations between Belarus and Germany in the period of 2007 — the first half of 2009 within the whole complex of relations between Belarus and the EU and determines the factors which have contributed to the improvement of political contacts. The process of political dialogue has been considered. The author points out that the first step in the gradual normalisation of relations was the «gas conflict» between Belarus and Russia in the early 2006—early 2007. The article analyses important stages in the improvement of relations, such as: the events of August—September of 2008, resumption of political dialogue, the visit of the Minister of Foreign Affairs of Belarus to Germany in February 2009, shaping of treaty base of the bilateral relations.

In the author’s opinion a definite progress has been achieved and the parties have begun gradual overcoming of the negative consequences of restricted contacts of the previous decade.


«The Problem of the Status of the National Assembly of the Republic of Belarus in the Parliamentary Assembly of the OSCE» (Ludmila Semyonova)

Parliament democracy is a prominent aspect of modern international relations. It manifests itself both in the independent actions of national parliaments in the international arena and in their work in specialized inter-parliamentary structures. Typical of the latter is the Parliamentary Assembly of the OSCE (PA OSCE) established in 1990—1992. The sovereign Republic of Belarus joined the OSCE and the PA OSCE in 1992. After the 1996 constitution reform the membership of Belarus was suspended. The article describes the parliamentary work to resume the membership in the PA OSCE. This is done on the basis of the minutes of the Permanent Committee on international affairs and relations with the CIS at the Chamber of Representatives of the National Assembly of the Republic of Belarus. The Belarusian parliament’s membership in the PA OSCE, re-established in 2003 is very important both for its own parliamentary practice and for the international image of the state in general.


«European Union Constitution: the History of its Elaboration and the Reasons for its Ratification Failure» (Yuliya Kruk)

The significant EU enlargement in 2004 together with the deeper integration process within the EU had led to the necessity of elaborating a document for smooth organization of the EU institutions’ activity and clear division of power between the national governments of its member-states and the EU supranational structures. For this purpose the EU Constitution had been worked out. On October 29, 2004 its final version was signed by the heads of the EU member-states. The Constitution envisaged some innovations: introduction of the qualified majority voting principle in the decision-taking process, creation of such posts as the EU President and the EU Minister for Foreign Affairs, reformation of the EU Commission structure, greater powers for the EU Parliament as well as some changes in the EU security system. For the EU Constitution to come into force before the end of October 2006 it had to be adopted by 25 member-states of the EU. The EU Constitution was ratified in 18 countries, but at the referendums in France and the Netherlands in March 2005 it was rejected. The main reasons for its turndown are the cumbersome text of the Constitution, the Europeans’ misgivings about further integration process, economic problems, caused by the accession of the Eastern European countries. Regardless of the voting results in the other EU member-states the rejection of the EU Constitution in the above-mentioned countries has blocked this project. Thus, the EU has faced a political crisis which rendered it necessary to find ways out from such a situation.


«Global Politics at the Beginning of the XXI century: the USA and China Positions» (Svyatoslav Vitkovsky)

For many years the term «empire» has had negative connotations because of the repressive nature of classic empires and the intellectual heritage of the Cold War which reduced this notion and made it an instrument of ideological struggle. At the beginning of the XXI century the interest in this phenomenon has quickened, which is linked to the search for basic principles of a new global order. Besides, an empire is seen by many analysts as a remedy against chaotic nature of the post-bipolar world. The article touches upon typological features of modern empires, and brings the most powerful modern states (the USA and China) into correlation with them. Of course, such a complex problem can not be examined in detail in a short article which only presents a general overview of the issue.


«Specific Character of Ethnological Approach to the Study of the Forced Migrants from Afghanistan in Belarus» (Stepan Stureika)

The study of extensive literature on the issue of refugees’ adaptation to alien ethnic environment allowed the author to make an attempt of constructing a methodological system to study Afghan migrants in Belarus. This system can be used in any ethnological research. The author puts special emphasis on the potential ability of ethnology as well as of social anthropology to process and employ the methodological achievements of various humanitarian disciplines.


«Tourism Studies at the Faculty of Economics of the Matej Bel University in Banska Bystritsa (Slovakia) under the Bologna Process» (Marian Guchik)

The article raises the issues of the educational establishments of Slovakia adapting to the Bologna Process provisions. The author has analysed how curricula were developed at the Tourism Department of the Faculty of Economics of the University of Banska Bystrtitsa to accommodate the new credit-modular system of students progress/achievement assessment. The importance of the article is determined by its describing specific activities to adapt to the Bologna education system of an establishment, training personnel for tourism industry. This provides important experience for similar Belarusian universities to use in training specialists for the industry.


«Prerequisites and Strategies of Internationalisation of Venture Structures» (Alexey Danilchenko, Olga Malashenkova)

At the time when economic processes become internationalised and globalised venture structures take a special place in the development of national economies. These structures include venture foundations, venture companies, venture enterprises and realise investment projects with the correlation high risk — high profitability. The article analyzes general and specific prerequisites for the emergence of international venture investments as a phenomenon. The authors identify the most common types of venture structures which give the basis for the definition of the organisation forms of international venture investments. The factors and conditions for internationalisation of venture structures are defined. The comparative analysis of international and national venture structures allowed to identify the peculiarities of international venture foundations and investment companies. The article reveals the functional role of international venture investment activities in world economy and determines the most significant effects of the international venture investments on the system of economy.


«Modern Concept of Foreign Direct Investments: Integrated Approach» (Elena Semak, Ivan Turlay)

The article considers main theories on the nature of foreign direct investments (FDI), the prerequisites for their realization. These are the eclectic paradigm by J. Dunning, the model of knowledge capital by J. Markusen, distribution pattern of the FDI by B. Blonigen, R. Davies, G. Woodell and H. Naughton. The analysis of these theories creates the base of the integrated version of modern concept of the FDI under the single market formation conditions within the frameworks of regional integration groupings.

The pre-condition for the FDI realization within a regional grouping is the firm having simultaneously three advantages, whose nature is determined by motives (horizontal, vertical, export platform or complex) for the foreign direct investment.


«Tourist Multiplier in the Assessment of the Economic Contribution of Ecological Tourism in a Region’s Development» (Olga Mozgovaya)

The article analyses the effectiveness of tourist multiplier as an index of the economic influence of tourism and the possibility of its application to assess the economic contribution of tourism to the region’s development. Tourist multiplier is a means to study the economic influence of tourist expenses on enterprises turnover, on incomes and employment and allows to compare these changes with those that can be caused by similar growth or fall in demand for other industries’ products. Tourist multiplier also serves as an index of the economic activity results in tourism industry and of short-term effects caused by the changes in the development level of tourism. Theoretical study of ecotourism development issues allows to come to a conclusion that the majority of studies do not take into account the great complexity and multi-factor character of the ecotourism development trends. This is why it does not seem possible at present to identify the reserves for further development of ecoturism and to assess its economic contribution to the region’s development using the existing approaches. The complexity of the issues requires a new approach to the study of the nature of tourism, its place in the economy and more specific and detailed investigation of the trends of its development. So, searching for new ways to study this problem is necessary.

This is the aim of the author in summing up international experience in using tourist multiplier and in demonstrating the possibility to assess economic contribution to a region’s development.


«Outsourcing Services Market in International Trade» (Volha Kananovich)

The article examines the world outsourcing services market as one of most intensively developing services markets at the current stage. Special attention is given to analyzing the outsourcing services growth factors and distinctive features of the market. The trends identified, in particular, an increase in the market share occupied by developing and transition countries, whose level of economic development is comparable with that of the Belarusian economy, as well as quite a high outsourcing capacity of Belarus according to independent expert estimates demonstrate the high potential for the country’s participation in international outsourcing services. Taking the revealed trends into consideration when developing a strategy of strengthening the market positions of Belarusian outsourcing providers will enhance the effectiveness of their adaptation to globalization processes.


 

This publication was prepared in the framework of EU AENEAS — UNHCR project “Strengthening the Protection Capacity in the Republic of Belarus — phase II” 
project_0708

 
 
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