Journal of International Law an International Relations

 

Journal of International Law and International Relations 2010 — N 4

Summaries 


International Law

International Humanitarian Law

The Role of Article 3 of the 1949 Geneva Convention in the Progressive Development of the International Humanitarian Law — Ludmila Pavlova

International Criminal Law

Definition of Terrorism and Universal International Standards in Combatting It — Yury Lepeshkov

International Cooperation in Combatting Human Trafficking as an Independent Institution of the International Criminal Law — Olga Emelyanovich

International Labour Law

Universally Recognized Principles of International Law in the Sphere of Labour: Issues and Legal Power — Kirill Tomashevsky

Documents and Materials

UNHCR Executive Committee Conclusion on Refugees with Disabilities and Other Persons with Disabilities Protected and Assisted by UNHCR (N 110 (LXI) - 2010) (only Russian)

International Relations

Turkey Energy Policy in the Caspian Region (1998—2009) — Marina Sheveliova, Olga Onoyko

International Community Policies in the Settlement of the Kosovo Conflict (1997—1999) — Sviatlana Zhykharava

The Role of the People’s Republic of China in the Development of Political Cooperation within the SCO — Maryia Danilovich

Great Britain’s Position on Adopting the European Union Constitution Treaty (2004—2005) — Alexey Muslimov

The Vilnya Problem in Historiography — Vitaly Asharchuk

Foreign Experience

Basic Approaches to Refugees’ Integration in the Sphere of Education and Language Study (only Russian) — Tatiana Tumashik

 Documents and Materials

Report of the United Natons High Commissioner for Refugees (only Russian)

International Economic Relations

World Trade Globalisation and the Role of State — Alexandra Nechay

Peculiarities of Current Migration Policy of the Republic of Belarus — Irina Zagorets, Vladimir Zagorets

Trends of Convergence and Divergence in the Socio-economic Development of Countries of Central and Eastern Europe: an Empirical Analysis — Denis Tsyrkunov

Economic Transformations in China as a Factor of International Tourism Development — Chen Yang Yang


FULL ISSUE 


English Summaries


«The Role of Article 3 of the 1949 Geneva Convention in the Progressive Development of the International Humanitarian Law» (Ludmila Pavlova)

The article reveals the significance of Article 3 of the 1949 Geneva Convention which was the first to regulate protection of the victims of internal military conflicts. The author underlines the imperative nature and universal applicability of Article 3 on the basis of the Geneva Conventions provisions, the UN International Court verdicts and the international humanitarian law doctrine.

The article investigates the issues that arise during application of Article 3 of the Geneva Conventions due to the absence of a detailed definition of the internal military conflict in humanitarian law.


«Definition of Terrorism and Universal International Standards in Combatting It» (Yury Lepeshkov)

The article is devoted to the exploration of the problem of the definition of terrorism and to the analysis of the existing international standards in combating, it developed and adopted within the UN framework and a number of its institutions and agencies.

The author attempts to examine the nature of terrorism as a phenomenon of public life and as a type of criminal action. Special attention is paid to the revealing of the content of universal legal norms both of the treaty and non-treaty origin that regulate inter-state relations and relations with the participation of the state and inter-governmental organisations which arise during implementation of the activities stated by the subjects and aimed at prevention and suppression of terrorism.


«International Cooperation in Combatting Human Trafficking as an Independent Institution of the International Criminal Law» (Olga Emelyanovich)

The article is devoted to the role and place in the international public law system of international cooperation to combat human trafficking in women and children in particular. It explores international legal regulation, the subject, object and aims of such cooperation.

he author comes to the conclusion that international cooperation in combatting human trafficking, women and children in particular, can be regarded as an independent polysystemic institution of international criminal law with a number of specific features in international legal regulation, its subject, object and aims.


«Universally Recognized Principles of International Law in the Sphere of Labour: Issues and Legal Power» (Kirill Tomashevsky)

On the basis of international legal sources ten universally recognized principles of international law in the sphere of labour are formulated in the article, including the freedom of job, social justice, equal payment for the equal job, freedom of association, the principle of humanism in the sphere of labour, principles of social partnership. The author investigates issues debated in science as to their level of obligatory and legal power in comparison with other international and national legal sources. The author concludes that universally recognized principles of international law in the sphere of labour have a priority in comparison with international agreements and the majority of national labour legislation acts.


«Turkey Energy Policy in the Caspian Region (1998—2009)» (Marina Sheveliova, Olga Onoyko)

The article examines the issues of forming and realization of Turkey energy policy in the Caspian region in 1998—2009. The foundation of this policy was formed in the beginning of the 2000s and was consolidated in the 2010 Turkey Energy Strategy. Turkey energy policy aims at diversification of energy resources imports and at keeping the strong position of the key transit state for the Caspian resources transportation to Europe. The main partners of Turkey in the region are Russia, Azerbaijan, Iran and Turkmenistan. These states successfully implement bilateral energy projects. At the same time Turkey’s growing dependence on imports of energy resources from Russia can be observed. Participation in alternative regional projects does not contribute to the solution of this problem but it does reinforce the Turkish position in its political contacts with the EU and promotes the Caspian states cooperation in the sphere of energy.


«International Community Policies in the Settlement of the Kosovo Conflict (1997—1999)» (Sviatlana Zhykharava)

The article analyzes diplomatic, economic and military policies pursued by international community concerning the Kosovo conflict during the period of 1997 to 1999. The failure of international mediation, humanitarian distress on a regional scale and escalation of hostilities in Kosovo resulted in the NATO military intervention which led to deepening of the interethnic conflict. A shared vision as to maximize the Kosovo autonomy subsequently resulted in the declaration of Kosovo independence and a challenge to the Yalta-Potsdam system of international relations.


«The Role of the People’s Republic of China in the Development of Political Cooperation within the SCO» (Maryia Danilovich)

The Shanghai Cooperation Organization (SCO) is a regional organization which has been functioning on the international political arena since 2001. One of the facts arousing interest towards the SCO is that this international organization was created on China’s initiative which happened for the first time in the history of international relations. Within the SCO China and Russia are coordinating with each other and coming into collision caused by their strategic interests in Central Asia.

This article covers the role of China in the development of political cooperation within the SCO. The author comes to the conclusion that PRC, as the main implementator of the theoretical and ideological shaping of the SCO, has from the very beginning played a constructive role in the Organization, invariably supporting the strengthening of multilateral economic cooperation in the SCO. China regards the safeguarding of security within the SCO exclusively as a condition of regional stability in Central Asia, which PRC needs so that it may concentrate its efforts on the problem of Taiwan as well as on its interests in Southeast Asia.


«Great Britain’s Position on Adopting the European Union Constitution Treaty (2004—2005)» (Alexey Muslimov)

This article deals with the position of the United Kingdom and the formation of the official British attitude to the problem of the referendum on the Treaty establishing the constitution for Europe.

The most important goal of the Constitutional Treaty was declared to be a more effective decision-making way in the European Union. At first, T. Blair’s Government took the initiative in holding a referendum on the EU Constitution, but later changed its position. There were several reasons for that. Should the EU Constitution be introduced, contentious issues would emerge between the UK and the EU in the socio-political and economic spheres. In addition, during the voting on the EU Constitution in France, a sensational report was published in the UK, which influenced the public opinion. According to the report in case of adoption of the Constitution, the cost of British membership in the EU may be too expensive for the British treasury. After the negative results of the referendums in France and the Netherlands, the government of T. Blair postponed the idea of a referendum in Britain on the Treaty establishing constitution for Europe.


«The Vilnya Problem in Historiography» (Vitaly Asharchuk)

The article presents a critical survey of Lithuanian, Polish, Soviet, contemporary Russian and Belarusian historiography on the Vilnya problem of 1918—1939.

The author points out that Polish and Lithuanian historians in the inter-war period and later in emigration adhered to by a simplified treatment of the Vilnya problem which had been reduced to the Poland-Lithuania territorial conflict. Lithuanian historians regarded Polish claims for Vilnya as a manifestation of a general expansion toward Lithuania. Polish historians considered the Kovno Lithuania to be the puppet of Germany and maintained it had no right to claim Vilnya. The Polish historians in the People's Republic of Poland managed to study Polish-Lithuanian contradictions in the inter-war period more objectively. The conflict about Vilnya was part of them. Within contemporary Polish historiography framework attention is focused on the issue of existence and incorporation of Middle (Central) Litva (Lithuania) and Polish-Lithuanian relations in 1921—1939. Contemporary Lithuanian historiography identifies traditional and revisionist approaches to the Vilnya problem. The latter approach explores the Vilnya problem within the context of international relations in Eastern Europe in the inter-war period.

In Soviet historiography both Lithuanian and Russian scholars treated the Vilnya problem as a result of aggression of Poland (or the Entente intrigues) toward Lithuania. Contemporary Russian historians point out that Soviet Russia attempted to make use of the Vilnya question to weaken Poland and prevent the establishment of the «Great Baltic Union». Contemporary Belarusian historiography views this problem within the context of the BNR diplomatic activity and Belarusian-Lithianian relations in 1918—1922. At the same time the international factor of the issue, the roles played there by Soviet Russia, Germany, other European powers and the League of Nations have not been sufficiently explored.


«World Trade Globalisation and the Role of State» (Alexandra Nechay)

The global financial crisis revealed contradictions in the global economic order and exarcebated the problem of adaptation of national economic mechanisms to new globalization challenges.

The article focuses on the search of ways to resolve the contradictions in global economy. It is the search of new power correlations between the subjects of economic regulation, both on the national and international levels.

Special attention is devoted to the necessity of reorganization of the old and the establishment of new international regulation bodies corresponding to the current level of globalisation.


«Peculiarities of Current Migration Policy of the Republic of Belarus» (Irina Zagorets, Vladimir Zagorets)

Migration policy and demographic policy are oriented on the solution of the same problems: achieving certain qualitative or quantitative indices of population. Migration policy like the demographic one includes three main stages (the study of the migration situation, development of basic aims and objectives, development of specific measures aimed at achieving target parameters in migration).

In the authors’ opinion, with regard to the impending demographic changes and corresponding changes in formation of labour resources of the Republic of Belarus two possible variants of strategy of social and economic development of the country for the coming 5-year periods are possible: 1) transition from extensive to intensive way of development with a focus on the decreasing domestic labour resources; 2) continuation of the extensive way of development, the increase of population, labour resources and jobs due to a large-scale inflow of migrants.

On the one hand, the choice of the second variant allows to solve the problem of decreasing labour resources but at the same time a number of new problems arise. The most significant of the possible consequences of mass immigration is gradual blurring of national, cultural, religious and other values due to the significant growth of migrants’ share in the total number of population. Some of the countries that actively use migrants’ labour show the growth of criminality and social tension leading to various disturbances. These problems require serious attention and strict control of migration mechanism on the part of the state as well as individual approach to applicants for the entry. Both these and other measures of migration policy should become an integral part of the general strategy of social and economic development of the Republic of Belarus and of the State Programme on Demographic Security of Belarus for 2011—2015.


«Trends of Convergence and Divergence in the Socio-economic Development of Countries of Central and Eastern Europe: an Empirical Analysis» (Denis Tsyrkunov)

The article deals with the processes of economic convergence in Central and Eastern Europe. In the circumstances of the global crisis, as well as of growing disparities in income levels between countries and regions, the biggest challenge for any economy is to study the concept of convergence, namely the reduction of disparities in income levels and other indicators such as HDI. These issues are particularly relevant for countries in transition and the developing countries. The collapse of the world socialist system has caused differences in levels of economic development in the countries of Central and Eastern Europe, followed by a strong and a sharp drop in GDP and manufacturing.

To determine the country's economic situation in the region it is very important to understand the correlation of the economies of the region on various parameters. In this paper, the main such parameter is the sigma-convergence, which shows the degree of variation in income levels per capita and HDI among the countries of Central and Eastern Europe.


«Economic Transformations in China as a Factor of International Tourism Development» (Chen Yang Yang)

The Chinese Peoples’ Republic active emergence on the global tourism market presupposes the necessity to identify the factors and to assess the potential of the Chinese tourism market.

The article considers economic transformations determined by the market changes and the CPR policy towards the open nature of the economy as the basic factor accelerating the economic growth of the country and encouraging the development potential for both tourism within China and international tourism.

The policy of integrating China into the global market with an active role of the state allowed the country to realize quite successfully the advantages of globalization, to provide sustainability of economic processes and to feel confident on the global tourism market. 


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

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