Journal of International Law an International Relations

 

Journal of International Law and International Relations 2008 — N 2

Summaries 


International Law

Human Rights

The Right to Life Legal Regulation: National Legislation Provisions and the European Court of Human Rights Practice — Natalia Mashko

International Humanitarian Law 

International Legal and Moral Aspects of Compensatory Restitution of Cultural Valuables — Vladimir Baryshev

International Organizations

Council of Europe Convention on Action against Trafficking in Human Beings: Novel Approaches — Olga Emelyanovich

Comparative Law 

The Right to Education: Optimizing the Organizational and Legal Forms of its Realisation (Comparative Analysis) — Dmitry Shabaylov

International Relations 

Tourism Policy of the Republic of Belarus Under Mar-ket Reforms Conditions — Leonid Gaidukevich

Factors Influencing the Cooperation of Belarus with the Asian-Pacific Region Countries — Vitaly Voronovich

Formation of the Byelorussian-Polish Border During World War II — Vitaly Barabash

The BSSR Peoples’ Commissariat of Education Activities on the Return of the Evacuated Historical Valuables (the 1920s) — Nikolay Klepikov

NATO Bucharest Summit and Alliance Transformation — Yulia Lyashuk

The Development of the Danish Foreign Policy Concept (1993—2003) — Lizaveta Dubinka

Current Approaches to the Sovereignty Problem in European Studies —  Nikolay Veremeyev

Documents and Materials 

State of Local Integration of Refugee in Belarus: a National Integration Policy for Refugees is Desirable — Oldrich Andrysek, Tatja Rantala (russian text) (english original)

Prevention of Conflict Situations in Temporary Accommodation Centers for Refugees and Asylum Seekers: Seminar Materials — Natalia Sokolovskaya (only russian)

World Refugee Day — 2008 in Belarus — Andrey Selivanov (only russian)

International Economic Relations

Institutional "Trap" Problem and the Institution Theory of the Austrian School — Alexandr Kovalev, Irina Kovaleva

An Innovative Way of National Economy Development: Global Trends and Belarusian Prospects — Ekaterina Botenovskaya

Macroeconomic Analysis of the Trends in the Services Development in the CIS Countries — Dmitry Rondak

International Experience 

Cooperation of Azerbaijan with the UN Socio-economic Structures — Farid Damirli


FULL ISSUE 


English Summaries


«The Right to Life Legal Regulation: National Legislation Provisions and the European Court of Human Rights Practice» (Natalia Mashko) 

The present article is devoted to the analysis of the Belarusian as well as European law in the sphere of international treaty regulation of the right to life. The article takes into account the recent legal developments in the said sphere.

The article comprises a brief overview of a right to life, its legal regulation in international law, Belarusian law and the law of certain EU states. The present study also analyses the implementation of the legal norms on the right to life by the EU states and Belarus and proposes certain recommendations to enhance the legal regulation of the right to life in Belarus.

The present work is based not only on normative and doctrinal sources but also on a vast amount of judicial practice — judgments and advisory opinions of regional judicial bodies, inter alia, of the European Court of Human Rights. Some of the issues raised in the article are not covered in doctrine and are introduced here for the first time by the author.


«International Legal and Moral Aspects of Compensatory Restitution of Cultural Valuables» (Vladimir Baryshev) 

The article considers the juridical problems, connected with the transference of the cultural valuables from Germany to the former USSR at the end of the Second World War. The author analyses a new form of the international-legal responsibility — «compensatory restitution», which is contained in the Federal law of the Russian Federation, adopted on April 15, 1998: «On the cultural valuables, which were transferred to the USSR as a result of the Second World War, and which currently are on the territory of the Russian Federation».

On the basis of the analysis of the international acts establishing the international legal responsibility of the states, the author comes to the conclusion about the unlawfulness of the establishment by a national state act of a new form of the international legal responsibility «compensatory restitution», as it was done by the Russian legislator in the Federal law of the Russian Federation from 1998.

The general conclusion is: the transferred cultural valuables which are the subject of Germany and Russia legal dispute should be returned and put into international cultural circulation.


«Council of Europe Convention on Action against to Trafficking in Human Beings: Novel Approaches» (Olga Emelyanovich)

The Council of Europe Convention on Action against Trafficking in Human Beings (2005) contains new provisions along with the international legal acts in force. First, it is applicable to all forms of trafficking in human beings, whether national or transnational, whether or not connected with organised crime; secondly, it gives definition of a «victim»; thirdly, it specifies prevention, prosecution and protection standards; fourthly, it criminalizes the use of services of the victim; fifthly, it establishes a monitoring mechanism for the due implementation of the Convention.

The author comes to conclusion that accession of the Republic of Belarus to the said regional treaty will improve the effectiveness of measures taken for combating trafficking in human beings both at national and international levels.


«The Right to Education: Optimizing the Organisational and Legal Forms of its Realisation (Comparative Analysis)» (Dmitry Shabaylov)

Improvement of the organizational and legal forms of education is a regular process. A systemic approach to reforms of education determines the necessity to consider all its components as interconnected and interdependent. Optimizing the structure of general secondary education through maintaining of similar type establishments at the basic level (I and II stages) and through differentiation of education at the third stage in the form of gymnasia, lyceums and further education establishments will provide equal conditions and opportunities for all students. It will also ensure single requirements and principles while taking into consideration individual specific features of students.

Higher education is regarded as a completing stage in training specialists. Its system includes state higher establishments and non-state higher establishments. A person who graduated from a higher educational establishment in Belarus and got qualified as a specialist in a professional area cannot but be regarded as a person who completed higher education. A course for the master’s degree is regarded as postgraduate (post-university) education. On the whole the system of education in Belarus is coordinated and harmonized with the systems of other countries. 


«Tourism Policy of the Republic of Belarus Under Market Reforms Conditions» (Leonid Gaidukevich) 

International tourism is one of the major and most dynamic industries of the world economy.  The high rate of its development influences various sectors of economy; moreover, it accelerates the processes of social and cultural development of society. Many interests connected with the issues of economy, culture, security, international relations, ecology and social development are interwoven in the tourism system.

International tourism at present is of great importance both for the state in general and for separate regions in particular. It is this aspect, which is considered by the author through the system of realization of tourism policy.

While analyzing the main trends of tourism development in the country at present the author points out both the positive results and the drawbacks which hinder intensive development of the tourism complex.

The article reveals the content of the regional tourism policy which is implemented in Belarus on the basis of the Law on Tourism and the National Programme of Tourism Development for 2006-2010. Special mention is given to the lack of investments into tourism infrastructure. Because of the unsettled legal base private capital would not risk investing into the tourism complex; this has a negative effect on the quality of tourism product. The system of training personnel for tourism business and scientific provision for the tourism complex of the country also require improvement.


«Factors Influencing the Cooperation of Belarus with the Asian-Pacific Region Countries» (Vitaly Voronovich)

The article presents an analysis of the foreign policy and economic priorities of the Republic of Belarus in the Asian-Pacific Region. The author makes an attempt to study and assess the degree of influence of various factors, both negative and positive, on the dynamics of cooperation with the countries of the Asian-Pacific Region. Special attention is given to the experience of the interaction of the Russian Federation and other CIS countries with the states of this region. The article defines theoretical and methodological grounds for identifying specific directions and projects of bilateral cooperation and the courses of certain correction of Belarusian foreign policy in the Asian-Pacific Region.


«Formation of the Byelorussian-Polish Border During World War II» (Vitaly Barabash)

The article deals with the international relations during World War II. The author observes the basic stages, main forms and results of the diplomatic struggle of Soviet government for the territory of Western Byelorussia. The conditions and main political forces which exerted influence on the process of the formation of Byelorussian-Polish frontier are shown in this paper. The leading role in the fight against the fascist coalition gave to the USSR an opportunity to realize consistently its program of formation of the post-war frontiers in Eastern Europe. At the 1943 Tehran conference the Curzon line was recognized as the basis for the formation of Soviet-Polish frontier. Officially, the agreement about the Soviet-Polish frontier was signed by the leaders of the USSR, USA and Great Britain at the Yalta conference in 1945. The author has come to a conclusion, that the decision of the problem of the Byelorussian-Polish frontier was subordinated to geopolitical interests of the Great Powers. In spite of this, the historical process of the reunion of the Belarusian nation took place during World War II.


«The BSSR Peoples’ Commissariat of Education Activities on the Return of the Evacuated Historical Valuables (the 1920s)» (Nikolay Klepikov)

The article deals with the problem of the return of the objects of history and culture of Belarus evacuated during World War I. It is well-known that those years saw mass evacuation of interesting and valuable historical objects, ancient archives, museum collections and libraries from the western provinces of the Russian Empire. When the war was over, all this needed to be returned. The problem was entrusted to the officials of the BSSR People’s Commissariat of Education (Narkompros) and of the Central Archive of Belarus because they were responsible for museums, archives and for the department on protection of cultural and historical heritage of the Republic.

After studying publications and various documents the Narkompros officials located the evacuated objects: archive stocks, libraries, museum exhibits in order to return them to the Republic. Special commissions were established and negotiations with the RSFSR government were held. But despite the agreements achieved and special resolutions made by the Union Central Executive Committee insurmountable obstacles appeared, such as adoption of the Main Provisions for Distribution of Archive Stocks and Materials among the Union Republics. This document almost eliminated the possibility to recover the archives. Similar problems emerged in connection with the return of the book heritage. The libraries evacuated from Belarus were delivered over to the State Book Fund where they were incorporated into the general stock and thus their origin was eliminated and they were lost for the republic. What became the main barrier for the return of historical valuables was the Resolution of the Soviet of People’s Commissars (Sovnarkom) “On Return of Certain Museum Exhibits from the RSFSR Museums to the Byelorussian State Museum”. Almost all provisions of this resolution contained the refusal to return the valuables on the ground that the said collections were of value for the whole Soviet Union. In other words the Russian government did everything to ensure that the objects of history and culture of Belarus, which had been evacuated during the war, stayed in the RSFSR.

Specific history material was used to analyze the activities of the state agencies who dealt with the problem of the return of the evacuated objects of history and culture in the 1920s.


«NATO Bucharest Summit and Alliance Transformation» (Yulia Lyashuk)

The article deals with the issues of the adopted Bucharest Declaration related to the Alliance transformation; the Alliance enlargement; the Member Action Plan (MAP) for Ukraine and Georgia; the NATO-led operation in Afghanistan.

The author underlines that the Alliance enlargement, MAP for Ukraine and Georgia, NATO-led mission in Afghanistan are crucial for NATO today.

Researching the agenda of the Bucharest Summit, the author proves that the event showed absence of internal solidarity on the issues discussed: Greece vetoed Macedonia accession to NATO because there is a historical province in Greece named «Macedonia»; the countries of old Europe, first of all, Germany and France, did not support the MAP for Kiev and Tbilisi despite the USA strongest position on the issue; mission in Afghanistan is a failure: most of the NATO countries demonstrated their unwillingness to send more troops to Afghanistan; Russia indirectly vetoed on the MAP for Kiev and Tbilisi; Americans seek NATO support for building missile defence shield in Europe.

The author believes that the above-mentioned issues are the burning issues for the today’s Alliance and that during the Bucharest Summit only partial decision was found for them.

The author puts forward the idea that the positions of the participating countries were based on the national but not partnership interests. The brightest examples of this are the positions of France and Germany. Taking into consideration Russia’s energy power, these countries prefer to be in partner relations with Moscow, rather than support Washington’s goals to annoy the Kremlin.

In the end, the author comes to a conclusion that the Bucharest Summit was excellently staged. The author showed Russia’s actions to promote its sphere of interest, Ukraine and Georgia’s goals, national plans of «old» and «new» NATO members, the American idea of missile defence shield and problems concerning Afghanistan, which is priority number one for NATO today.


«The Development of the Danish Foreign Policy Concept (1993—2003)» (Lizaveta Dubinka)

The article investigates the evolution of the Danish foreign policy in the context of the new geopolitical reality after the breakdown of the bipolar system of international relations. The author attemps to make use of a complex analysis of historical and theoretical prerequisites for new approaches in Danish foreign policy. The new conceptual approach has been distinguished by emphasizing specific fundamental values as means of realization of foreign policy. According to the latest concept of the Danish foreign policy, adopted in 2003, international conflict management ceased to be the sole responsibility of the UN and OSCE. This resulted in Danish participation in the military operations in Afghanistan and Iraq under the auspicies of the US. The ideological framework of the new concept has been found in staunch adherence to promoting the liberal democratic values in the era of «the clash of civilizations» and emergence of real as well as imaginary challenges to security stemming from Muslim terrorism. Such conceptualization of new challenges has been vividly exemplified by the publication of Mohammed drawings in the Danish newspaper «Jyllands-Posten», leading to the deepest foreign policy crisis Denmark has ever seen since the end of World War II. The values approach to foreign policy has failed to prove efficient in this context, as Denmark appeared to be insufficiently prepared for facing crises based on intercultural differences. Thus, one of the main challenges of the present Danish foreign policy is considered to be working out a more balanced approach to understanding international security threats and means of dealing with them.


«Current Approaches to the Sovereignty Problem in European Studies» (Nikolay Veremeyev)

The article deals with the problem of the concept of sovereignty in the European integration discourse. The author tries to explore the current approaches to sovereignty and nation-state, as well as the latter’s changes in the process of the EU integration. Thus, the principal thesis is that within the framework of the EU the simplified understanding of the sovereignty, its identification with absolute power of the state inside or outside is impossible. The limitation of sovereign powers represents an inevitable condition for the state’s accession to the integration enterprise.


«Institutional “Trap” Problem and the Institution Theory of the Austrian School» (Alexandr Kovalev, Irina Kovaleva)

The article explores institutional «traps», which are inefficient but persisting social institutions. The authors consider the emergence of these anomalies to be connected with faulty state policy. Institutions which evolve naturally overcome ineffective norms through people abandoning the practices which do not correspond to the long-term development aims, whereas the intervention of the state in some sphere of human life leads to stimuli distortion.

The examples of the “traps” considered in the article support the idea that their stability is provided by the state. Turning the forecast indices of economic development into the planned ones supplements the objective aims of economic policy with the subjective aims of the implementers of this policy. Even when they realize the forecast mistakes, additional resources are allocated to achieve the planned index. Active social policy solidifies the dependent behaviour type by providing migrants the usual low living standards which leads in the long-term period to the necessity an allocating of ever greater volume of budget finances to achieve the aims of migration policy.

Due to the changes in the aims and stimuli the behaviour of the participants of the “trap” is quite rational and the way out from the trap should be searched in the refusal of the state to interfere in social life.


«An Innovative Way of National Economy Development: Global Trends and Belarusian Prospects» (Ekaterina Botenovskaya)

The article considers the main global trends of innovative development and analyzes the state of innovative activities of the Republic of Belarus. The level of science-based capacity of the GDP is an index of innovative activity. The R&D expenditure volume in the world is constantly growing, the research intensity is rising. Thus, what can be observed is the growth not only of absolute but of relative indices. The share of the developed countries (the EU countries, the USA and Japan) in the world R&D expenditures is gradually decreasing, while the developing countries display an active growth in R&D expenditures (especially in the Asian region). Almost all countries show the trend to reduce the state share in financing research and development. The recent decades saw a prominent increase of the number of patent applications, especially in field of information and communication technologies, the number of which grew fivefold over the last quarter of the 20th century. Innovative activity in the Republic of Belarus is in the state of emergence. As the experience of the developed countries proves, the main mechanism of Belarus transition onto the innovative way of development is the national innovation system, the establishment of which will allow maintaining the long-term competitiveness of the national economy. However, the transition of the Republic of Belarus onto the innovation way of development would require the application of an integrated system of state regulation measures which should be based on the profound comprehension of the factors stimulating or hindering R&D and innovations.


«Macroeconomic Analysis of the Trends in the Services Development in the CIS Countries» (Dmitry Rondak)

The article explores the current macroeconomic state of the services sector in the CIS countries, characterizes the quantitative interrelations, points out the existence of a number of negative aspects including the reduction of the volume of consumer services, disproportions in their development and lack of access to them for the majority of population.

Raising the efficiency of the services and their access, their targeting at meeting the requirements of various social groups is only possible if the problems of competitiveness of consumer services are identified and resolved. It is also necessary to improve administrative and economic approaches to regulating consumer services with due consideration to the quality of life of the CIS countries. Special importance of the consumer services sphere requires the closest attention of the administrative agencies to its development. This should result in both rendering the necessary assistance and in creating the necessary economic mechanisms and instruments enhancing the efficient development of both the industry as a whole and the socio-economic development of each CIS country.


«Cooperation of Azerbaijan with the UN Socio-economic Structures» (Farid Damirli)

The United Nations is the largest and most influential international organization which plays an enormous role for the stability of the world, humanitarian aid and in international economic relations process. It is also a major key player in providing the necessary expertise and assistance to all sovereign countries of the world by means of its specialized agencies and programmes.

One of the main priorities of the Republic of Azerbaijan is the achievement of sustainable economic development. In this context, in order to gain maximum benefit from the membership in the UN the emphasis should be made on directing foreign socio-economic policy of Azerbaijan towards close cooperation with international organizations, especially the UN and its structures.


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

project_0708


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