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Journal of International Law an International Relations 

Journal of International Law and International Relations 2013 — N 4

Summaries  


International Law

Human Rights

The Concept "Responsibility to Protect": Analysis and Legal Evaluation — Ludmila Pavlova

International Private Law

Progressive Mechanisms of the Disputation of the Right to the European Patent with Unitary Effect — Elena Leanovich, Maksim Zhukov

Adherences in the Family Law Sphere: New Approaches in the National Legislation of the CIS Countries — Natalia Antsukh

The Will Autonomy: Theories on the Legal Nature — Sukhrob Karimov

Peremptory Norms of Antitrust Law of the European Union, Restricting Collision Technique Application in Regulation of International Agency, Distribution and Franchise Agreements: Belarusian Experience — Yuliya Barel

Maintenance of the Investment Regime in Agreements on Promotion and Mutual Protection of Investments of the Republic of Belarus — Artur Shumsky

Destruction Under the Customs Control as the Most Effective Way to Combat Counterfeit — Elena Ivanova

Opinion

Methodological Guidelines in Formation of a New Political and Legal Concept of the United Nations «Responsibility to Protect» — Leonid Evmenov

Documents and Materials

UNHCR Executive Committee Conclusion on Civil Registration (N 111 (LXIV) — 2013) (only Russian)

International Relations

The Development of Relations Between Belarus and Lithuania in the 2000s — Andrey Volodkin

The Formation of the Treaty Framework in the Belarusian-Turkish Relations (1992—2012) — Evgeniya Rupakova

Development of the Energy Dialogue Between the Russian Federation and the European Union — Ivan Makhnach

Documents and Materials

International Protection Considerations with Regard to People Fleeing the Syrian Arab Republic, Update II (only Russian)

International Economic Relations

Human Resources Migration as the Factor of Social and Economic Development of the Country — Vladimir Zaharets, Irina Zaharets

The Evolution of the Foreign Economic Policy Concept of the Republic of Korea before the Crisis (1945—1997) — O Dok Hee 


English Summaries 


«The Concept "Responsibility to Protect": Analysis and Legal Evaluation» (Ludmila Pavlova)

The article deals with the process of formation and the content of the «Responsibility to Protect» concept. Practices of its implementation in contemporary armed conflicts are analysed, problem aspects are identified, and legal evaluation is made.


«Progressive Mechanisms of the Disputation of the Right to the European Patent with Unitary Effect» (Elena Leanovich, Maksim Zhukov)

The article is devoted to the history of the development of supranational bodies on the disputation of the right to European patents and to the analysis of specific characteristics of the disputation mechanism to European patents with unitary effect which will enter into legal force on January 1, 2014. The mechanisms considered in the article could be used as a model for further development of Eurasian economic integration.


«Adherences in the Family Law Sphere: New Approaches in the National Legislation of the CIS Countries» (Natalia Antsukh)

The article is devoted to the definition of adherences in the family law sphere and new conflict law regulation approaches to them in the national legislation of the CIS countries. The proposals are formulated for the improvement of the Belarusian legislation in the field of family law complicated with the foreign element.


«The Will Autonomy: Theories on the Legal Nature» (Sukhrob Karimov)

The article is devoted to the theory of the legal nature of the will autonomy in the international private law. Identifying peculiarities of each theory, the author offers his own approaches towards clarification of the theory of substantive nature of the parties’ will autonomy. 


«Peremptory Norms of Antitrust Law of the European Union, Restricting Collision Technique Application in Regulation of International Agency, Distribution and Franchise Agreements: Belarusian Experience» (Yuliya Barel)

The article is devoted to the analysis of the recent changes in antitrust law of the European Union and the comparative study of the correspondent antitrust law regulation in the EU and the Republic of Belarus as well as in its integration units. The author identifies the list of terms of the international agency, distribution and franchise agreements which are potentially in breach to the EU antitrust law. Conclusions on the terms of such agreements which are prohibited, as well as on the necessity of some amendments to the antitrust regulation of the Republic of Belarus, Model Antitrust Law of the Common Free Market Zone and Antitrust Treaty of the Russian Federation, Kazakhstan and the Republic of Belarus are made.


«Maintenance of the Investment Regime in Agreements on Promotion and Mutual Protection of Investments of the Republic of Belarus» (Artur Shumsky)

The article reveals the important role of the legal regime provided to foreign investments in creation of the favorable investment environment. The author focuses on the analysis of relative regimes to which national and the most favored regimes are referred, as well as on their variations, because it is the latter that determine the degree of the country’s readiness to let foreign capital into its own economy. Bilateral agreements on promotion and mutual protection of investments concluded by the Republic of Belarus from 1992 are researched.

The author draws a conclusion on the necessity to create homogeneous legal environment, which would regulate foreign investors’ activities through introduction of the mixed regime unifying the terms of their activities but preserving the opportunities to establish privileges and restrictions according to the investment policy conducted by the state.    


«Destruction Under the Customs Control as the Most Effective Way to Combat Counterfeit» (Elena Ivanova)

The article is devoted to the analysis of the legislation on the procedure of the customs destruction of counterfeit goods. The author reveals the definition of counterfeit goods and the mechanism for suspending the release of goods suspected of violation of the intellectual property rights. The article examines international acts on the abovementioned issues and correlates them with Belarusian legislation and customs practice. The author describes the reasons for using the procedure of destruction of counterfeit goods by customs (taking as an example the rules of the EU, Member States of the Customs Union and the Republic of Belarus), institutional and personal authority to make the appropriate decision and the destruction procedure, as well as identifies the problems of introduction of simplified destruction procedures for the goods violating the intellectual property right in the Republic of Belarus.


«Methodological Guidelines in Formation of a New Political and Legal Concept of the United Nations "Responsibility to Protect"» (Leonid Evmenov)

The article identifies the characteristics of conceptual and categorical formation of the concept «Responsibility to Protect» and gives the grounds for the necessity of clarification of a number of terms used in the UN legal acts and for the initiation of activities on formation of the extended list of challenges and threats on the basis of international scientific cooperation in order to use it in the framework of the concept «Responsibility to Protect». The author presents the structure of challenges and threats of modern human civilization which is advisable to use while discussing the «Responsibility to Protect» issue in the UN framework. Measures of the «Responsibility to Protect» concept application on the level of separate states, collective international efforts and humanity in general are proposed. The article links the terms and phenomena of the «Responsibility to Protect» from challenges and threats and salvation of human civilization.       


«The Development of Relations Between Belarus and Lithuania in the 2000s» (Andrey Volodkin)

Based on the analysis of the political contacts dynamics, the development of the legal base of the Belarusian-Lithuanian relations and their economic cooperation, the article reveals the main trends and stages of their bilateral relations evolution in the 2000s. The author draws a conclusion of the priority of the common economic interests for the countries over their internal and foreign policy differences, as well as of intensification of the «Belarusian direction» in the Lithuanian foreign policy, particularly after achieving its main long-term goal in Western direction — the accession to the EU and NATO.


«The Formation of the Treaty Framework in the Belarusian-Turkish Relations (1992—2012)» (Evgeniya Rupakova)

The article is devoted to the peculiarities of formation of the international treaty framework in Belarusian-Turkish relations during their establishment and development in 1992—2012. 

The author determines the formation stages of the Belarusian-Turkish treaty framework, describes the peculiarities of signing and ratifying bilateral agreements, as well as highlights the areas of Belarusian-Turkish cooperation, whose legal basis is inconsistent and needs development and improvement. 


«Development of the Energy Dialogue Between the Russian Federation and the European Union» (Ivan Makhnach)

The issues of energy security are of key importance in the foreign policy of developed countries in the contemporary world. During the last decades the European Union and the Russian Federation sought to find instruments of cooperation in the energy sphere due to the European Union’s intention to provide its own energy security, and the Russian Federation’ intention to preserve the largest hydrocarbons market. These tasks are reached by the implementation of a bilateral Energy Dialogue as a particular form of relations in the parties’ foreign policy.

The article considers the development of the Energy Dialogue between the Russian Federation and the European Union. According to the author, the Energy Dialogue has become a particular foreign policy instrument aimed at creation of the bases for energy policy and formation of the legal base for energy cooperation between the parties. The article presents a study of establishment, development and efficiency of the Energy Dialogue between Russia and the European Union in the 2000s. An analysis of the short-term and long-term prospects of the influence of this instrument on modernization of bilateral relations in energy is carried out.      


«Human Resources Migration as the Factor of Social and Economic Development of the Country» (Vladimir Zaharets, Irina Zaharets)

The authors analyze the processes of the human resources external migration of the Republic of Belarus and their impact on the social and economic development of the country. The impact of integration processes as well as of creation of various integration structures on the intensification of human resources migration is considered.

The contribution of external migration of the population to formation of the labour potential of the country is assessed. A number of measures for improvement of the country’s migration policy in the national interests are proposed. 


«The Evolution of the Foreign Economic Policy Concept of the Republic of Korea before the Crisis (1945—1997)» (O Dok Hee)

The capitalist form of the economy of the Republic of Korea was shaped on the basis of international assistance, which contributed greatly to the development of import substitution which is very important for the national economy. The Republic of Korea applied its own model of economic development based on the strategy of export orientation stimulation through the growth of heavy and chemical industries. Foreign capital (international credit) as well as foreign technologies were the means of the national economy development of the Republic of Korea. In order to resolve the problems of insufficiency of domestic financial resources and high technologies the government of the Republic of Korea used the concept of direct foreign investment. And to provide natural resources and to expand the world market the government of Republic of Korea stimulated their enterprises to invest abroad. 

The Republic of Korea has carried out a successful transition from an agrarian country to an industrially developed one, and therefore the rapid growth and development of its economy might be interesting for developing countries implementing comprehensive systemic modernization of economy on the basis of existing knowledge.


This publication was prepared in the framework of EU — UNHCR project “Regional Protection Programme (Phase II)”
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