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Journal of International Law an International Relations
 

Journal of International Law and International Relations 2010 — N 3

Summaries 


International Law

International Organizations

Does the Eurasian Economic Community Need its Own Court? — Stefaniya Bosovets

International Maritime Law

Towards the Issue of the Republic of Belarus Membership in the International Maritime Organization — Anton Kipet

Theoretical Issue

Programme Legal Regulation of the Interstate Relations on the Space of the Commonwealth of Independent States — Borys Babin

International Private Law

The Role of the European Union Law in Unification of Collision Norms Applicable to Non-Treaty Obligations — Elena Leanovich, Iosif Gasparevich

Legal Classification of the Forms of National Producers’ Products Distribution Network Abroad — Yuliya Stsiapanchykava

International Relations

The 1960—1963 Congo Crisis and the Byelorussian SSR Diplomacy — Svetlana Svilas

China's Policy towards the Neighbouring Countries of Central Asia — Roza Turarbekova, Tatiana Shibko

Poland’s Trade and Economic Connections with the FRG and GDR in the mid-1950s — mid-1960s (according to the Polish Ministry of Foreign Affairs Documents) — Ludmila Haurylavets

The Problem of Research of the Transformation of Ethnic Identity in the Afghan Forced Migrants Community in Belarus — Stepan Stureika

Foreign Experience

The Netherlands Experience in Integration Refugees and Asylum Seekers (only Russian) — Natalia Sokolovskaya

 Documents and Materials

The United Nations High Commissioner for Refugees’ Visit to the Republic of Belarus (only Russian)

International Economic Relations

Theoretical and Methodological Approach to the Definition of the Transnational Status of a Company — Dmitry Kalinin

The Influence of Transport Infrastructure on Dynamics of World Economy — Andrey Van-Iliya

Stimulation of Scientific and Innovation Activity: Global Experience — Irina Melnikova

World Economy Globalisation: Objective Trends and Subjective Factors — Elena Yanchenyuk


English Summaries

«Does the Eurasian Economic Community Need its Own Court?» (Stefaniya Bosovets)

Effective settlement of interstate disputes is a very important and relevant issue. The goal of this article is to consider the problem concerning operations of the Economic Court of the CIS when it exercises the functions of the Court of the EvrAzEs, to analyse legal grounds of vesting the Economic Court of the CIS with the functions of the Court of the EvrAzEs on a temporary or permanent basis, to analyse legal consequences of possible vesting the Economic Court of the CIS with the functions of the Court of the EvrAzEs on a permanent basis, and also to analyse the arguments of scholars. The data cited in the article, as well as the conclusions made, allow the author to suggest establishing the Court of the EvrAzEs under the auspices of the Community.


«Towards the Issue of the Republic of Belarus Membership in the International Maritime Organization» (Anton Kipet)

The article considers objective prerequisites for Republic of Belarus to join the IMO. The important role of this intergovernmental organization in regulation of maritime shipping is explored. The author notes, that implementation of some provisions of 1982 UN Convention on the Law of the Sea is closely connected with the IMO activities.
The history of creation and the structure of the IMO are examined. Special attention is paid to the procedure of getting membership in this organization. The article analyses the possibility of informational and technical support for the member-states provided by the IMO.

The author believes that in case of real creation of the merchant maritime fleet, the IMO membership for Republic of Belarus would become a necessary condition for effective exploitation of maritime ships and for observation of universally recognized standards of international maritime law.


«Programme Legal Regulation of the Interstate Relations on the Space of the Commonwealth of Independent States» (Borys Babin)

The article presents the analysis of the peculiarities and regularities of the programme legal regulation of the interstate relations among the new independent states. While doing that the forms and the legal mechanisms of the respective programme regulation are determined, the role of the interstate regional organizations in those processes, such as the Commonwealth of the Independent States and the Organization of the Treaty of Collective Security, is shown. It is also shown that one of the forms of the CIS’s activities is the coordination of the efforts in the area of developing and adoption of interstate programmes. Some agreements adopted by the CIS’s member-states on development, coordination, adoption and realization of various kinds of the interstate programmes are analyzed. It is pointed out that the existing order of developing and adoption of interstate programs does not cancel the question about the legal nature of those acts.

It is further emphasized that the programmes adopted by the CIS’s member-states under the aegis of this organization are not an international organization’s acts but certain legal documents that contain both international legal norms and individual legal rules. The key importance of the question of financing the interstate programmes is admitted and different ways of such financing are considered. The author shows that major part of the CIS’s interstate programmes have the law-enforcing nature and there are objective reasons for this aim of the respective programme regulation. The interdependence of national and international programme acts is pointed out.

The article recognizes the importance of investigating the programme legal regulation of international relations on the post-Soviet space within the framework of the understanding of such a form of modern international law as the multilateral international/interstate programme. The main obstacles for expanding programme regulation of international relations are outlined, the problem aspects of the corresponding interstate cooperation mechanisms are pointed out.


«The Role of the European Union Law in Unification of Collision Norms Applicable to Non-Treaty Obligations» (Elena Leanovich, Iosif Gasparevich)

The article describes the role of the EU law in the process of unification of collision norms, applicable to non-treaty obligations. It outlines the background and the prerequisites for the issue of the EU subsidiary law act — the «Rome II» Regulation. The authors consider its role in the process of unification of the norms applicable to non-treaty obligations, describe the main collision norms applicable to non-treaty relations in international private law of the EU member-countries. The paper presents a comparative analysis of collision regulation of non-treaty obligations of the CIS member-states on the example of the Civil Codes of the Republic of Belarus and the Russian Federation, the Model Civil Code for the CIS countries, the 1993 Minsk and the 2002 Chisinau Convention on Legal Aid and Legal Relations on Civil and Criminal Cases, the 1992 Kyiv Agreement on the Procedure of Settlement of Disputes Relating to Economic Activity and of the EU member-states on the example of the «Rome II» Regulation on law to be applied to non-treaty obligations.


«Legal Classification of the Forms of National Producers’ Products Distribution Network Abroad» (Yuliya Stsiapanchykava)

Promoting products distribution networks of national producers abroad is one of current priorities of the Republic Belarus economic development.

Using different criteria in their classifications scholars name the following forms of building products distribution networks abroad: sale through agents, distributors, subsidiaries, joint distribution ventures, franchising system.

The issue of national producers’ products distribution network legal regulation is not of a comprehensive character in the Republic of Belarus. This issue is regulated by the Council of Ministers Regulation N 1699 (21.12.2006). Though this document is an attempt to give definition to the term «products distribution network» and to name the forms of its` building, it needs a number of amendments. In the author’s opinion, the definition of the «products distribution network» and the «producer» in the Regulation should be amended, the list of the products distribution network subjects should be supplemented with: the agent, principal, franchiser, franchisee.

The article suggests that from the legal standpoint all main forms of products distribution network abroad should be classified in the following way: 1) organizational forms (e. g. subsidiaries), 2) contractual (e.g. distribution contract). All the contractual forms in their turn can be classified as follows: 1) contracts with third party mediators which do not settle actual presence of a producer in the foreign market, 1.1) contracts concluded in the producer’s name (e. g. agency contract), 1.2) contracts concluded in the mediator’s name, 2) contracts settling actual presence of the producer in the foreign market (e.g. a contract on joint distribution ventures establishing).


«The 1960—1963 Congo Crisis and the Byelorussian SSR Diplomacy» (Svetlana Svilas)

The 1960—1963 Congo Crisis is shown in the article on the basis of modern historiography and documents available to the author. The crisis reflected the complicated process of decolonization and the Cold War between the USSR and the USA as it was spread in Africa to the South of Sahara. The article stresses the controversial role of the UN and its Secretary-General Dag Hammarskjöld in the events under discussion. The author shows the efforts of the Byelorussian SSR diplomats who did their best to strengthen the position of the Soviet Union and the whole «Eastern bloc» at the discussions of the conflict during the General Assembly sessions. The paper cites the evaluation of the Congo crisis and the characteristics of the protagonists made by the Byelorussian delegation members. Special emphasis is made on the necessity of a profound and comprehensive study of Africa for the diplomacy of the Republic of Belarus.


«China's Policy towards the Neighbouring Countries of Central Asia» (Roza Turarbekova, Tatiana Shibko)

The formation of the foreign-policy strategy of the PRC. towards Central Asia is determined by a range of factors. The article examines the relationship between PRC and the Central Asian countries which share the common boundary with China, namely Kazakhstan, Kyrgyzstan, and Tajikistan, during the period from the fall of the USSR till present. The article contains the periodisation of China's interaction with the countries in question, as well as the analysis of Beijing's core interests and strategy towards the neighbouring Central Asian countries. The present article also contains the analysis of the common characteristics of PRC foregn-policy strategy towards Kazakhstan, Kyrgyzstan and Tajikistan, and of the factors determining the specific traits of China's interaction with each of these countries separately.


«Poland’s Trade and Economic Connections with the FRG and GDR in the mid-1950s — mid-1960s (according to the Polish Ministry of Foreign Affairs Documents)» (Ludmila Haurylavets)

The article analyses the situation in trade and economic relations of Poland with the GDR and FRG in the 1950s—1960s. In those days the turnover with the GDR took the third place in Poland’s foreign trade. In turn, Poland was the third largest trading partner of the GDR by the turnover volume. The FRG became the second trading partner of Poland (after Great Britain) from non-socialist countries. The Polish-German cooperation made an the important contribution to the all-European economic cooperation which was realized through integration organizations, such as the Council for Mutual Economic Assistance and the European Economic Community.


«The Problem of Research of the Transformation of Ethnic Identity in the Afghan Forced Migrants Community in Belarus» (Stepan Stureika)

The author sums up in the given article the characteristics of ethnic identity formation among the Afghan migrants in Belarus. The research was done on the basis of field work in the migrants’ community. The subject of the article is a complex of factors for the ethnic identity’ transformation under the strong influence of the dominant host society as well as of globalization and transnational networks. Theoretical statements of the article are supported by the quotations from the research interviews.

While discussing the structure of modern ethnic identity of the Afghan forced migrants in Belarus it is necessary to keep in mind that the given transformational factors (such as express-modernization, influence of ethnopolitical conflict, cultural distance from the host society, diasporal subculture, transnational relations etc.) have different degrees of influence. Migrants have different life-stories as well as psychology. One of the conclusions of the article is that the ethnic identity of migrants is at first unified till some specific level but then it is not reduced to dissolution within the host society.


«Theoretical and Methodological Approach to the Definition of the Transnational Status of a Company» (Dmitry Kalinin)

By promoting international expansion of their transnational companies which represents national geopolitical interests the most advanced countries form the industrial and financial backbone of the world economic system and take an active part in its functioning and sharing the so-called global income. To raise its role in globalization processes, to ensure access to foreign markets, natural raw materials and human resources the Republic of Belarus should follow the example of these countries by enhancing the establishment of transnational companies and providing comprehensive support for the international expansion.

Due to the limited internal financial possibilities the Republic of Belarus should adopt a selective approach which envisions support primarily of the economic subjects in the country already possessing some TNC features.

At the same there is no single methodology in modern economic science to define the transnational status of a company. Starting with this premise, the article is devoted to a very relevant problem for Belarusian and world economic science, in particular, to the development and grounding of a comprehensive theoretical and methodological approach to the definition of the transnational status of a company which would permit competent selection of TNC from a general group of internationally oriented companies.


«The Influence of Transport Infrastructure on Dynamics of World Economy» (Andrey Van-Iliya)

This article presents a theoretical analysis for transport infrastructure influence on the dynamics of world economy. Current theoretical conceptions of economic growth, international trade and transport infrastructure are examined and a model diagram, that reflects the impact of transport infrastructure on world economy, is developed. It can be summed up in the following way: transport infrastructure effects propagation velocity and scope of externalities, mobility factor and technology diffusion. All these economic phenomena in their turn determine dynamics of national economies and comparative advantages of countries in world trade. Finally international trade impacts dynamics of world economy via specialization and the scale of economy.


«Stimulation of Scientific and Innovation Activity: Global Experience» (Irina Melnikova)

The article deals with the analysis of forms and methods that are used in the global practice of the stimulation of scientific and innovation activity and the development of proposals in this area that can be used in Belarus. On the basis of the research the author makes a number of specific proposals for improving the stimulation of scientific and innovation activity through the improvement of targeting of academic institutions to the needs of the market, creation of a closer linkage between the amount of the financing and the results of scientific and innovation activity, flexible use of various schemes of direct and indirect stimulation.


«World Economy Globalisation: Objective Trends and Subjective Factors» (Elena Yanchenyuk)

The article attempts to determine the nature of the globalization process which demonstrates controversy connected with the interpretation of the term itself. Globalization is considered to possess a dual nature. On the one hand, it has an objective basis manifesting itself in internationalization of the world economy. On the other, it possesses a subjective character reflected in the spreading of myths about globalization. They necessitate the involvement of all countries in the global process. Globalisation strives to create a global system, a single global market which is unable to adequately solve social and economic problems important for society. This is due to the existence of «globalization gaps».


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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