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Journal of International Law an International Relations
 

Belarusian Journal of International Law and International Relations 1998 — N 1

Summaries 


International Law

The Theory of International Law

The Commonwealth of the Newly-Independent States: Five Years Later. Possible Prospects — Igor Fisenko

Towards the Notion of Succession in International Law —  Tatyana Ushakova

Forced Migration in the Republic of Belarus: the Mechanism of State Influence — Larisa Vassilyeva

UNESCO and Education for Human Rights — Janusz Symonides

International Organizations

The Formation of WTO and the Evolution of International Cooperation System on the Intellectual Property Issues — Elena Leanovich

Provision of the Amsterdam Treaty for the Common Foreign Policy of the European Union — Vladimir Astapenko

International Criminal Law

The UN Standards on the Application of Measures not Connected with Imprisonment — Oleg Bazhanov

International Private Law

Jurisdictional Immunity of the State: Absolute or Limited? — Oleg Kravchenko

Foreign State Immunity in the Court Practice of the Netherlands — Ruben Galstyan


English Summaries


“The Commonwealth of the Newly-Independent States: Five Years Later. Possible Prospects” (Igor Fisenko)

The article analyses the results of five-year development of CIS.

CIS is considered to be a confederation union and the subject of international law. The article points out the absence of institutional relationships between CIS the and Collective Security Treaty Organization and Economic Union. The emergence of such a cumbersome conglomeration of structures is explained from the juridicial point of view by the existence of the practice of selective participation of states in adopted decisions and agreements. The practice of selective participation is not restricted, thus causing amorphity, juridicial uncertainty of obligations, concerning the agreements in the framework of CIS. CIS lacks its own legistation binding for all members.

The major modem trend of development of GIS lies in the integration sphere, mostly, in its economic part. The formation of the Economic Union is under way. Within the framework of the 12 states Free Trade Zone and Payment Union are being establishhed. Four states of the Commonwealth — the Russian Federation, Belarus, Kyrglhyzstan and Kazakhstan have established a Customs Union. The Interstate economic committee has started operating in the economic sphere it is the first body of the new type in the Commonwealth, the body which is empowered to take decisions. This institutional impulse should be also taken up in other spheres.

The article formulates the recommendations for improving the institutional structure of this body. It is suggested to restore the representative body of larger competence, empowered to control the implementation of the previously taken decisions.

The article, in its final part, gives a conclusion about the viability of GIS and reality of increasing its effectiveness.


“Towards the Notion of Succession in International Law”  (Tatyana Ushakova)

On the basis of the analysis of theories in the sphere of succession, codification process and practice of state the best definition is the one enshrined in the Vienna Conventions of 1978 and 1983: "The succession of States is the substitution of one state by another in holding responsibility for international relations of some territory". In contrast to the doctrinal interpretation of the given definition as actual succession, presupposing only one component, namely the actual situations, which precede the transition of rights and obligations from one state to another, it is suggested to include into the concept also the second component of succession, i.e., the transition of rights and obligations itself Thus the new interpretation of the concept presupposes the two components of the succession to be the object of regulation by international law. Their unification in the given definition contributes to the successful realization of succession by states and to stability of international relations.


“Forced Migration in the Republic of Belarus: the Mechanism of State Influence” (Larisa Vasilieva)

The article presents an analysis of the provisions of the legislation of the Republic of Belarus which regulate the status of forced migrants who happened to get to the territory of the Republic. In addition, the article touches upon some issues of international regulation of the status of refugees.

Following the analysis of the main provisions of international law concerning the protection of refugees the author goes on to consider the concept of legal regulation of migration processes in the Republic of Belarus. The author refers first to the constitution of the Republic of Belarus and Acts of the Republic of Belarus "On the Legal Status of Foreign Citizens and Persons without Citizenship in the Republic of Belarus", "On Citizenship" and "On Refugees" and also analyses the Decree of the President of the Republic of Belarus on the procedure of granting asylum to foreign citizens and persons without citizenship. Special attention is given to the Act of the Republic of Belarus 'On Refugees" which came into force in July 1995. The author recapitulates the main points of the procedure of granting the refugee status to a foreigner on the territory of the Republic of Belarus.

The article concludes with the outline of main directions in the work of the internal affairs offices on monitoring and regulation of forced migration in the Republic of Belarus.


“UNESCO and Education for Human Rights” (Janusz Symonides)

I. INTRODUCTION

Among the members of the United Nations family a special role in the area of education for human rights has quite naturally to be assigned and fulfilled by the United Nations Educational, Scientific and Cultural Organization (UNESCO), as the promotion of human rights is inscribed in its Constitution. The United Nations Economic and Social Council, in its resolution 314 (XI), already in 1950, invited UNESCO to encourage and facilitate teaching about the Universal Declaration in schools and adult education programmes, and through the press, radio and film services. The International Conference on Human Rights, which met in Tehran in 1968, called upon UNESCO to develop its programmes aimed at making children aware of respect for the dignity and rights of man and at ensuring that the principles ofthe Universal Declaration prevail at all levels of education, particularly in institutions of higher learning, where the future cadres are trained.

The specific role of UNESCO in the teaching of human rights was also several times recognized by the United Nations Commission on Human Rights which, in 1971, urged it to examine the desirability of envisaging the systematic study and the development of an independent scientific discipline of human rights, taking into account the principal legal systems of the world with a view to facilitating the understanding, comprehension, study and teaching of human rights at university level and, subsequently, at other educational levels. In 1973 the Commission encouraged UNESCO to develop education for human rights for all and at all levels.

Responding to these requests, the General Confer­ence of UNESCO in 1974 adopted a Recommendation Concerning Education for International Understanding, Cooperation and Peace and Education Relating to Human Rights and Fundamental Freedoms. Human rights are understood by it as being "those defined in the United Nations Charter, the Universal Declaration of Human Rights and the International Covenants on Human Rights. That is the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights of 1966".

The Recommendation calls upon Member States to take steps to ensure that the principles of the Universal Declaration of Human Rights and of the International Convention on the Elimination of All Forms of Racial Discrimination become an integral part of the developing personality of each child, adolescent, young person or adult, by applying these principles in the daily conduct of educa­tion at each level and in all its form. Member States should encourage wider exchange of textbooks, especially those concerning history and geography, and should take meas­ures for the reciprocal study and revision of textbooks and other educational materials in order to ensure that they are accurate, balanced, up-to-date, without prejudice, and enhance mutual knowledge and understanding between different peoples.

In 1978, UNESCO organized in Austria the first of its congresses devoted to human rights education. In its final document, the Vienna Congress stressed that human rights education and teaching should be based on the principles which underlie the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other international human rights instruments. The indivisibility of all human rights should be recognized. Human rights education and teaching must aim at: fostering attitudes of tolerance, respect and solidarity, providing knowledge about human rights and developing the individuals awareness ofthe ways and means by which human rights can be translated into social and political reality.

An important step in the developing of human rights education was made when the International Congress on Human Rights Teaching, Information and Documentation was organized by UNESCO in Malta in 1987. It underlined that a complete system of human rights teaching and education available to all citizens and all population groups and covering all levels of education, with the broad partic­ipation of various public organizations and media, should be established by Member States.

II. THE BASIC INSTRUMENTS DETERMINING UNESCO'S PROGRAMME AND STRATEGY IN HUMAN RIGHTS EDUCATION

A. World Plan of Action on Education for Human Rights and Democracy

The International Congress on Education for Human Rights and Democracy was organized jointly by UNESCO and the United Nations Centre for Human Rights in collaboration with the Canadian Commission for UNESCO in Montreal in March 1993. The main aim ofthe Congress, as formulated by the twenty-sixth session of the UNESCO General Conference (1991). was to contribute to the elabo­ration of future action to be taken by UNESCO "...for the promotion of human rights in the political, economic and cultural circumstances that have recently emerged and that call for, fresh consideration and debate". Within this frame­work the objective of the Montreal Congress was to:

  • highlight the achievements and identify the obstacles to overcome in the field of human rights education;
  • introduce education for democracy as a comple­mentary aspect; and
  • encourage the elaboration of tools and ideas, in particular educational methods, pedagogic approaches and didactic materials, seas to give a new impetus to education for human rights and democracy.

The main result of the Congress was the World Plan of Action on Education for Human Rights and Democracy. It is introduced by the recommendation which states that, in spite of major progress achieved in the field of education for human rights, serious efforts still need to be made to overcome present obstacles and shortcomings as well as to meet new challenges.

The Plan is addressed to various social actors from individuals, families, groups through to States, to non-governmental organizations, the United Nations, in partic­ular its Centre for Human Rights and specalized agencies of the United Nations system, in particular UNESCO.

As far as means are concerned, the World Plan of Action on Education for Human Rights and Democracy proposes seven major strategies for conceited actions to promote education for human rights and democracy, includ­ing several activities to be carried out by UNESCO, in particular the development and distribution of a standard form for planning, implementing and assessing the Plan, the strengthening of UNESCO's Voluntary Fund for the Devel­opment of Knowledge of Human Rights Through Education and Information, and the establishment of a follow-up committee.

The ultimate purpose of the Plan is to create a culture of human rights and to develop democratic societies that enable individuals and groups to solve their disagreements and conflicts by the use of non-violent methods. Ten main lines of action from the identification of the most appropriate target groups to the design of the cost-effective and sustain­able educational programmes and a global commitment to increase the resources, are needed to make education for human rights and democracy effective and comprehensive world-wide.

In order to ensure a broad and comprehensive imple­mentation of the World Plan of Action on Education for Human Rights and Democracy, the following levels of action are foreseen;

  • teaching human rights and democracy in the curric­ula of all levels of the school system;
  • education for human rights and democracy in a non-formal setting;
  • education for human rights and democracy in specific contexts and difficult situations.

The Plan underlined that UNESCO bears special responsibility for enhancing the quality of publications in the area of human rights education and for the best use and distribution of information, documentation and materials.

B. The Vienna Declaration and Programme of Action

At the closing meeting on 25 June 1993, the World Conference on Human Rights adopted the Vienna Declara­tion and Programme of Action.

The Vienna Declaration is composed of a preamble and two parts. The first presents fundamental principles, standards and the most important issues of human rights. The World Conference gave strong support to the concept of the unity and universality of human rights, declaring that "All human rights are universal, indivisible and interdepend­ent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing and with the same emphasis "The Vienna Declara­tion also reaffirmed the right to development as a universal and inalienable right and an integral part of fundamental rights. The second part of the Vienna Declaration formulates a programme of action to, be taken by States, the United Nations system and non-governmental organizations and institutions to improve the effective enjoyment of human rights by individuals including persons belonging to vulner­able groups.

One of the main results of the World Conference on Human Rights concerns the recognition of the importance of human rights education. The Vienna Declaration, in its paragraph 33, reaffirmed that States are duty-bound, as stipulated in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cul­tural Rights and in other international human rights instru­ments, to ensure that education is aimed at strengthening respect for human rights and fundamental Freedoms.

In the programme of action, a special Part D is consecrated to human rights education. In five paragraphs (78-82), the World Conference underlined that human rights education, training and public information is essential for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding, tolerance and peace. It called on all States and institutions to include human rights, humanitarian law, democracy and rule of law as subjects in the curricula of all learning institutions in formal and non-formal settings. Human rights education should embrace peace, democracy, development and social justice. The Vienna Declaration and Programme of Action in paragraph 81 states:

"Taking into account the World Plan of Action on Education for Human Rights and Democracy, adopted in March 1993 by the Intemationai Congress on Education for Human Rights and Democracy of the United Nations Educational, Scientific and Cultural Organization, and other human rights instruments, the World Conference on Human Rights recommends that States develop specific programmes and strategies for ensuring the widest human rights educa­tion and the dissemination of public information, taking particularly account of the human rights needs of women".

The World Conference on Human Rights also re­quested that the proclamation of a United Nations Decade for Human Rights be considered.

C. The World Plan of Action on Education for Human Rights and Democracy

The forty-ninth session of the General Assembly in its resolution 49/184 proclaimed the ten-year period beginning 1st January 1995 the United Nations Decade for Human Rights. The resolution declared, as formulated by the Montreal International Congress on Education for Human Rights and Democracy, that "...education for human rights and democracy is itself a human right and a prerequisite for the realization of human rights, democracy and social justice".

The General Assembly welcomed the Plan of Action for the Decade presented by the Secretary-General and invited governments to submit comments with a view to supplementing the Plan and appealed to all governments to contribute to its implementation.

The Plan of Action formulated five main objectives of the Decade:

  • the assessment of needs and the formulation of effective strategies for the furtherance of human rights education at all school levels;
  • the building and strengthening of programmes and capacities for human rights education at the intemationai, regional, national and local levels;
  • the co-ordinated development of human rights education materials;
  • the strengthening of the role and capacity of the mass media in the furtherance of human rights education;
  • the global dissemination of the Universal Declara­tion of Human Rights.

UNESCO which had substantially contributed to the elaboration of the Plan of Action for the Decade has an important role to play in the planning and initiating the process of implementation of the activities during the Decade, working closely with the Centre for Human Rights.

The Plan of Action stipulates that "The High Commissioner for Human Rights, with the assistance of the Centre for Human Rights and UNESCO, shall conduct, in 1995, a preliminary survey and evaluation of existing human rights education programmes and initiatives at international, re­gional and national levels, and shall issue a report of the results of that survey and evaluation".

In its decision regarding the UN Decade for Human Rights Education (1995-2004) and UNESCO's role and responsibilities foreseen in the Plan of Action for the Decade, (146 EX/32 and 146 EX/52, Decision 7.1.2), the Executive Board took note of the important role assigned to UNESCO in this Plan. It urged Member States to extend full support to the Secretariat in the design, implementation, evaluation and review of programmes of education for human rights, peace and democracy, as foreseen in the Plan. The Executive Board, in particular, encouraged UNESCO National Commissions to participate actively in developing national plans of action for human rights education, for an effective implementation of the activities of the Organiza­tion, as foreseen in the Plan1.

III. UNESCO'S PROGRAMMES AND ACTIVITIES RELATED TO THE ELABORATION OF A COMPREHENSIWE SYSTEM OF HUMAN RIGHTS EDUCATION

The long-term goal that UNESCO has set itself is the establishment of a comprehensive system of educa­tion and training for peace, human rights and democracy that is intended for all groups of people and embraces all levels of education, whether formal or non-formal. The Organization's strategy consists in mobilizing both indi­viduals and institutions (governments, educators, the media, families, parliaments, businesses, trade unions, non-governmental organizations, etc.) so that everyone may receive an education and appropriate training, especially those who are in difficult circumstances, such as women, children, the elderly or disabled, minorities and indigenous peoples, refugees, displaced persons and those living in extreme poverty.

UNESCO collaborates first and foremost with govern­ments in framing national policies and strategies designed, in particular , to improve curricula and textbooks, teaching methods and the actual functioning of educational institu­tions so that they come to lead the field in the exercise of human rights, the practice of democracy, learning to be tolerant and appreciating cultural diversity.

A. UNESCO Advisory Committee on Ettacation for Peace, Human Rights and Democracy

In promoting education for human rights, democracy and peace, and to follow-up the implementation of the UNESCO and UN instruments in this field, an active role is played by the UNESCO Advisory Committee on Education for Peace, Human Rights and Democracy, established by the Director-General in December 1994 as a follow-up to the Montreal World Plan of Action on Education for Human Rights and Democracy. In its first meeting in April 1995, the Committee considered the role of UNESCO in the context of the Decade and recommended a number of concrete actions with regard to the systematic and comprehensive monitoring of the implementation of all UNESCO and UN instruments dealing with education for peace, human rights and democracy.

The Committee considered it important to involve more actively decision-makers and public authorities for spreading such education, notably by way of preparation of educational material, and to increase collaboration with specialized networks and educational partners of UNESCO as well as co-operation with the UN system.

The need for carrying on such action was empha­sized during the second meeting of the Committee, held at UNESCO Headquarters from 27-29 March 1996. The recommendations of the Committee underline the need for joint, co-ordinated action with National Commis­sions and public authorities in the evaluation and plan­ning of national policies in this field, with a view to UNESCO's contribution to the implementation of the Plan of Action for the Decade.

B. Preparation and dissemination of educational materials aad manuals.

The preparation of educational aids for higher and non-formal education remains a priority. A Manual on Human Rights, designed for universities, is under pre-paratidn to be published in 1997 in English and, later on, in French, Spanish and Russian. It covers a range of themes taking into consideration current developments and trends in the field of human rights, and the need to promote knowledge and research on them in institutions of higher education and learning. This publication will encourage universities and professional and vocational training institutions to introduce curricula and innovative teaching aids on peace, human rights and democracy. The manual has been designed to give a fresh impulse to human rights education, with regard to present day challenges and the need for new objectives. It will comprise, in one concise volume, a diversified range of expertise on higher education and human rights.

Two important educational aids on democracy and human rights, have been prepared and published. Democra­cy: Questions and Answers: Following the English version (the title in English is Introducing Democracy: 80 Questions and Answers, 1995), this book was published in Armenian, Bulgarian (1995/ 1996), Greek (1996), Polish (1996), Ara­bic, French, Spanish, Russian (1996) and should also appear by the end of 1996 in Czech, Korean, Nepali and Swedish. Human Rights. Questions and Answers. The English version of the new edition of this popular teaching aid, completely revised and updated, is planned for 1996. Arabic, Spanish, Russian, Armenia, Bulgarian, German versions should be published in 1997. Other linguistic versions are envisaged for 1998-1999.

A new issue of Major International Human Rights Instruments is being prepared (to be published in August 1996). This publication includes data on the state of ratifica­tion of human rights instruments, both universal and regional and has proved to be valuable reference material for human rights education.

UNESCO publishes since 1987 a World Directory of Human Rights Research and Training Institutions. Its third edition was prepared in 1995. The Directory provides information notably on research themes and on special­ists working in the field of human rights as well as on international co-operation. It helps to establish collabo­ration between institutions and enable the creation of networks of research and training institutions in order that specialists as well as non-specialists can all contrib­ute to the promotion and protection of human rights.

C. CO-OPERATION WITH EDUCATIONAL PARTNERS, DEVELOPMENT OF SPECIALIZED NETWORKS

In its endeavours for promoting education for human rights, peace and democracy, UNESCO co-operates closely with the human rights activists, educational partners, aca­demic community and non-governmental organizations by way of its networks and specialized structures.

UNESCO Chairs on Human Rights, Democracy and Peace are being established to promote an integrated system of research, training and information activities and to facilitate sub-regional and regional co-operation between researchers and teachers. Already, 19 Chairs have been created in different region - Africa, Europe, Arab States and Latin America. It is planned to reinforce co-operation between the Organization and the Chairs and among them. Several new chairs will be created during 1996-1997.

The meeting of Directors of Human Rights Institutes organized every year by UNESCO provides an opportunity for discussing new modalities of action for human rights education at institutional levels.

The seventh annual meeting of the Directors of Human Rights Institutes, organized jointly by the Institute for Training in Human Rights of the Paris Bar and UNESCO was held at UNESCO Headquarters (18-19 January 1996). The meeting enabled the participants to exchange informa­tion on teaching and research as well as co-operation between UNESCO and the High Commissioner for Human Rights and the Centre for Human Rights.

UNESCO has developed institutionalized collabora­tion with non-governmental organizations through the UNESCO-NGO Standing Committee on Education for Peace, Human Rights and Democracy, making it possible for over 60 non-governmental organizations to engage in con­certed action for human rights education, both formal and non-formal.

UNESCO collaborates with the member states in the evaluation and elaboration of national policies, programmes and strategies for promoting human rights education through the expanding Participation Programme which has proved to be a unique and valuable modality for providing financial, technical and expert assistance to Member States, A growing number of demands concerning human rights education are addressed to the Organization.

A Memorandum of Understanding, signed between the High Commissioner for Human Rights and the Director-General of UNESCO in October 1995 provides the frame­work for further developing and strengthening co-operation between the two institutions. Joint programmes and com­mon activities for ensuring most effective implementation of the Plan of Action for the United Nations Decade for Human Rights Education (1995-2004) are being developed. These activities aim, inter Qua, at elaboration, implementa­tion and evaluation of national policies, programmes and strategies, establishment of national focal points and strength­ening of existing networks, development of educational material, etc. UNESCO and the Centre for Human Rights are also complementing their efforts for disseminating the Universal Declaration of Human Rights in all countries in as many languages versions as possible.

D. UNESCO and education for the rights of the child

UNESCO was from the very beginning involved in the process of the elaboration of the Convention on the Rights

of the Child and now it is undertaking various actions aimed at its dissemination and implementation. This interest is determined by manifold reasons.

Firstly, the Convention protects the cultural rights of the child which are within the direct field of competence of the Organization. Thus, in accordance with Article 13, the child has the freedom to seek, receive and impart informa­tion and ideas of all kinds, in writing or in print, in the form of art, or through any other media of the child's choice. In Article 28, States Parties recognize the right of the child to education and, by Article 31, they are obliged to respect and promote the right of the child to participate fully in cultural and artistic life.

Goals for children and development in the 1990s adopted by the World Summit mention UNESCO among the relevant international organizations which were consult­ed in its elaboration. These goals, two of which are directly within the scope of UNESCO provide for: "(e) by the year 2000, universal access to basic education by at least 80 percent of primary school-age children, (f) reduction of the adult illiteracy rate (...) to at least half its 1990 level with emphasis on female literacy".

Secondly, Article 29 of the Convention declares that the education of the child shall be directed, inter cilia, to: " (b) the development of respect for human rights and fundamen­tal freedoms, and for the principles enshrined in the Charter of the United Nations "; (...) "(d) the preparation of the child for a responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin". This is very much in line with the UNESCO concepts of education of peace, human rights and democracy and with Article 5 of the UNESCO Convention and Recommendation against Dis­crimination in Education.

UNESCO activities aimed at the dissemination and popularisation of the Convention are aimed at children, special professional groups and the general public. A special role in the education of children is played by the Associated Schools Project. The Project now embraces more than 3,500 schools spread over 125 countries. From the very outset, the study of human rights has been one of the main ASP themes and a wide range of educational approaches and actions have been developed with a view to imparting knowledge on human rights instruments and in shaping commitments, attitudes and behaviour conducive to respect for human rights. Pupils often learn of children's basic needs which are less abstract than rights for small children. Once these needs have been identi­fied, discussions focus on meeting them and learning about their articulation in keeping with the Declaration on the Rights of the Child and the Convention on the Rights of the Child. The text of these instruments, as well as the Universal Declaration of Human Rights and the UNESCO Recommen­dation concerning Education for International Understand­ing, Co-operation and Peace and Education relating to Human Rights and Fundamental Freedoms (1974) are used as a point of departure in the case of older children.

To make the Convention known to the general public, the Organization helps to translate it into local languages and prepares various publications such as the UNESCO Courier on "Children in Danger" or "Protecting Children from the Scourge of War". The Organization also encourages non­governmental organizations to publish and distribute mate­rials relevant to the Convention.

UNESCO is deeply concerned with violence in schools and on the screen. The Organisation examines the record of national education systems in their task of educating chil­dren. Among other matters of concern, attention is given to questions such as discipline in school, relationship between staff and children, the care of children in schools (especially of children of minorities), the openness and tolerance of the education system.

The Organization is undertaking an international com­parative study of research on violence within schools, a study financed by the Government of Japan. The results will be published in 1997. Besides an experimental inter-regional project will address the problem of violence in schools and promote community conflict management. This initiative is being taken by UNESCO Associated Schools Project to examine effective ways and means to eliminate violence in schools, in particular, in violence-prone schools in inner cities.

One of the first educational actions initiated by UNESCO in this framework is the Interregional Project for Culture of Peace and Non-Violence in Educational Institu­tions. The guidelines for the project were developed in Sintra, Portugal, in May 1996, at an international forum of educational experts from around the world many of them coming from schools located in areas of urban violence and war-torn societies. The project will establish a network to facilitate exchange of experiences and to provide recognition and resources to those working for a culture of peace and non-violence in schools, with an emphasis on regions of the world which suffer from violent conflict.

As regards the exposure of children to violence, hatred and intolerance in the media, an international round table on non-violence, tolerance and television was organized by UNESCO, with IPDC financial assistance, in New Delhi in April 1994. Furthermore, at the request of the Government of Sweden, UNESCO has co-financed and co-organized the international conference on violence on the screen and the rights of the child in Lund in September 1995. In response to recommendations made at these two meetings, UNESCO is encouraging the creation of an international clearing house on screen violence at a university in Europe capable of disseminating information through a world-wide electronic network.

CONCLUDING REMARKS

The obligation to develop human rights education is already well-established in international human rights law. The Universal Declaration of Human Rights is the first instrument which in its article 26, para. 2, demanded that "Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace ". This formulation was repeated literally in Article 4 of the Conven­tion against Discrimination in Education (1960).

In Article 13 of the International Covenant on Eco­nomic, Social and Cultural Rights (1966) States Parties agreed "...that education shall be directed to the full devel-

opment of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agreed that education shall enable all persons to participate effectively in a free society and "promote understanding, tolerance and friend­ship".

The Convention on the Elimination of All Forms of Racial Discrimination (1965) in Article 7 imposes on States Parties an obligation to accept immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination, whereas the Convention on the elimination of All Forms of Discrimination against Women (1979 in its Article 10 requires that States Parties take appropriate measures to eliminate discrimination against women in order to ensure their equal rights with men in the field of education.

In broad terms, the obligation to educate for human rights is formulated in Article 19 of the Convention on the Rights of the Child (1989) which apart from "the develop­ment of respect for human rights and fundamental freedoms and for the principles enshrined in the Charter of the United Nations", requires the preparation of the child for a respon­sible life in a free society in the spirit of understanding, peace tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin.

In spite of unquestionable progress achieved in the promotion and development of human rights education by the United Nations system, States, international govern­mental and non-governmental organizations and national institutions, serious efforts still need to be made to overcome present obstacles and shortcomings and to meet new chal­lenges.

At present, human rights topics can hardly be seen as being integrated into school curricula in the teaching of such subjects as history, geography, civic education or languages. With the exception of law schools and faculties, human rights subjects are introduced slowly and with difficulty into higher education institutions, which means that teachers and journalists are unprepared to participate actively in human rights education.

The shaping of attitudes and behavioural patterns requires not only knowledge and instruction abut human rights but also everyday practice in and out- of school and in public life. A human rights culture cannot be built without the entire participation of all social actors and the whole of civil society.

In developing human rights education. States and the United Nations are confronted with numerous challenges concerning the preparation of teaching materials, innovative methods and equality of educators, etc. However, the real progress in human rights education is closely linked with the need to reach, through radio and television, the unreachable and the excluded, as well as the vast masses of the illiterate and the millions of children who do not even have an opportunity to learn the rudiments of education. From this point of view, the emphasis on "education for all" and a. life­long education" as well as the promotion of "teaching without frontiers" are of paramount importance.


“The Formation of WTO and the Evolution of International Cooperation System on the Intellectual Property Issues” (Elena Leanovich)

This article investigates the issues of improvement of international cooperation system in intellectual property issues as a result of the establishment of World Trade Organization (WTO) following GATT Uruguay Round. One of the trends in the activities of that organization has become the providing of cooperation among the Member States on the intelectual property issues. According to article II of the Agreement, establishing WTO, the Agreement on Trade Aspects of Intellectual Property Rights (ATAIPR) is its integral part and is obligatory for all members of WTO.

The inclusion of intellectual property issues into competence of new international organization is an extremely important event in the development of international cooperation on intellectual property issues. The organizational centre of international cooperation on intellectual property issues is the World International Property Organization (WIPO), In order to answer the question how the cooperation on intellectual property issues will be simultaneously realized in the WIPO and WTO frameworks and in what way the activities of the two organizations will be interconnected, the article gives a comparative analysis of ATAIPR regulations and international agreements on intellectual property issues, which are in the competence of WIPO and analyses the WTO institutional mechanisms, which allow to increase the effectiveness of international cooperation on intellectual property issues.

When analysing ATAIPR the main attention is devoted to the following problems: the use of the classical principle of trade barriers removal, which is regarded to be the principle of the most favoured treatment of international cooperation on intellectual property issues, the increase of the level of protection of various objects of intellectual property compared with the requirements of the Paris Convention on protection of industrial property, the Bern Convention on protection of literary and artistic works, the Rome Convention on protection of performers' interests, phonogramme producers, radio and TV bodies, the Washington Treaty on Intellectual Property with regard to topology of integral microschemes, the International Convention on protection of selective achievements and the Madrid Agreement on stopping of false or misleading references to the products source.

The analysis of WTO institutional mechanisms is realized in the article along two directions: the organizational structure of WTO and the place of the Specialized Council on ATAIPR therein, and also rules and procedures of dispute arbitration on intellectual property issues among the WTO members.

On the basis of the analyses of the above mentioned problems the article makes a conclusion about a fundamental change of international cooperation system on intellectual property issue in connection with the transition of int. prop. issues into the sphere of international trade cooperation with the substantial increase of standards of protection of intellectual property and establishment of new institutional mechanisms, able to provide the stability and predictability of the development of international relations on international property issues.


“Provision of the Amsterdam Treaty for the Common Foreign Policy of the European Union” (Vladimir Astapenko)

One of the main tasks of the Intergovernmental conference for the revision of the Maastricht Treaty was to ensure that the European Union would have «a stronger voice in world affairs». The events which had taken place in Europe in the beginning of the decade proved that the reaction of the EU countries to them had not always been adequate, timely and effective.

The core issue in reviewing the second pillar procedure was the unanimity rule for the decision-making in the foreign affairs sphere. This basic principle of the Common Foreign and Security Policy (CFSP) in the Treaty of the European Union was considerably modified and developed in the text of the Amsterdam Treaty. The author describes the amendments proposed for the scope of decisions to be taken by the EU on the CFSP matters. Detailed consideration is given to the provisions of Article J. 13, which established new procedures for the decision-making in the Council within the second pillar of the Union. A special emphasis is put on the fact that with the introduction of the possibilities for abstention from and for the adoption of the decisions by the qualified majority voting, the new draft of this article enables the implementation of the decisions which might not have formal support from all the member-states. Although the countries reserved their right to veto the voting in the Council, in which case it would be up to the European Council to take decision by unanimity.

The second group of amendments of the CFSP Title concerns the introduction of the post of the High Representative for the common foreign and security policy which is combined with the existing post of the Secretary General of the Council. In this context the author analyses new principles for the formation of the EU «Troika», the new role of the Commission and other bodies in elaborating proposals and recommendations in the CFSP sphere, the procedures for the conclusion of the international agreements with third parties.

The article describes the new principle of financing the CFSP activities on the basis of the Inter-institutional agreement between the European Parliament, the Council and the Commission, as well as new provisions of the Amsterdam Treaty, establishing the relationship between the CFSP and budget procedures of the European Communities.

The author concludes that the new CFSP Title brings considerable changes to the existing mechanisms under Maastricht Treaty, reflects the tendency to use the procedures of the first pillar of the CFSP matters. It should be considered as a firm step towards making the EU CFSP more efficient and giving Europe a stronger voice in world affairs.


“The UN Standards on the Application of Measures not Connected with Imprisonment” (Oleg Bazhanov)

The UN activities in the humanitarian sphere include the problems of combatting crime, among them such specific issues as the executing of criminal penalty, the treatment of offenders and the improvement of the penitentiary system. These issues have become traditional and constantly appear on the agenda of various international conferences, devoted to combatting crime. In the last decade there has appeared and actively manifested itself the trend of application of the measures, not connected with imprisonment. Before the 1990 it has been codified in the UN Standard minimal principles concerning the measures not conneced with imprisonment, which were adopted by the VIII UN Congress on Crime Prevention and the Treatment of Offenders, and approved by the UN General Assembly (resolution 45/110). The significance of this document can hardly be overestimated. If contains a number of fundamental statements concerning the application of penalties and other measures, not connected with imprisonment, which are not known in the legislation and practice of Belarus. In the conditions of statehood development and legislation reform regarding the new socio-economic structure of society the above mentioned document can exert a substantial influence on the policy of the state in the sphere of imposing and executing of penalties and also to determine the direction of reforming of the penitentiary system. Besides, it can help to define the structure, functions and order of activities of the bodies, executing the penalties not connected with imprisonment, thus giving dynamics to the realization of regulations of legal reform in the given sphere in the Republic of Belarus.


“Jurisdictional Immunity of the State: Absolute or Limited?” (Oleg Kravchenko)

The article is devoted to theoretical studies of one of the topical problems of international law the- problem of jurisdictional immunity of State.

The main attention is given to consideration of debate between the supporters of two legal theories of the immunity of State: absolute immunity theory and restricted immunity theory. Reasons for turn of the majority of jurisdictions from the positions of absolute immunity to the positions of the restricted one are analyzed. Scientific doctrines, governmental and court practices of States are considered. The arguments of Soviet scientists - the supporters of absolute immunity theory are analyzed thoroughly.

On the basis of comparative analysis the pros and the cons of both theories are defined. The theories are considered in the context of practical aspects of their application in legislation and court practice of the Republic of Belarus.

The author comes to the conclusion that the restricted immunity theory is more effective and that appropriate changes to Belarusian legislation based on absolute immunity approach are needed.


“Foreign State Immunity in the Court Practice of the Netherlands” (Ruben Galstyan)

In the light of the changes, which have affected practically every sphere of public allairs, me soiuuon ш шс state immunity problem has acquired a great importance for the former Soviet republics, the legislation of which does not meet the challenge of the time in the existing context. The study of the practice of different countries in the area of state immunity could allow to find effective solutions of the issue in question. In this sense the interest can be focussed, among others on the legal practice of the Netherlands which reflects the whole way of transition from the concept of absolute immunity towards the application of the concept of a foreign state's limited immunity. Dutch legal practice of the early 20-th century adhered to the concept of absolute immunity, when a series of cases recognized the immunity of foreign states with reference to the public disposition of all activities of this state. It was not until 1947 that the courts developed and started applying a critirion for limiting the state immunity, according to which the immunity principle is not applied to a foreign state's activity in the commercial, industrial or financial spheres.

However in some Dutch court cases the aim of the deal was taken into consideration together with its character to determine whether the foreign state's activity is commercial or not. This drawback is inherent in the legal practice of a number of states and in the draft Convention of the Commission of International Law on the jurisdictional immunity of states and their property.

Given the changes in the stands of the majority of the states of the former socialist group on the issue of the state immunity it appears necessary to revise some articles of the draft which have been adopted as a result of the compromise arrived at by the USSR and its allies on the one hand and the states standing for limited immunity on the other. 

 
 
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