Journal of International Law an International Relations

 

Journal of International Law and International Relations 2011 — N 1

Summaries 


International Law

International Courts

Justice Cannot Be RecommendatoryFayzullo Abdulloyev

Human Rights

Specific Features of Realisation of Public Rights and Duties of Multiple Nationals — Alexey Grigoriev

International Private Law

Cultural Values Disputes: the Problem of Determining Applicable Law — Eduard Korol

International Sports Law

The World Anti-Doping Agency Status under International Law — Ekaterina Kouznetsova

Comparative Law

Legal Regulation of External Relations of the Regions in Belarus and Russia — Andrey Vlodkin

International Relations

Nationalism and International Relations — Alexandr Chelyadinsky

Belarus—Germany: a New Paradigm of Political Relations — Andrei Rusakovich

Summing Up the Results of Kazakhstan’s Chairing the OSCE — Vitaly Voronovich

The «Hungarian October» of 1956 and Diplomacy of the Byelorussian SSR — Svetlana Svilas

EU and NATO Relationship in the Framework of Euro-Atlantic Security — Volha Bychkouskaya

Foreign Policy History of Belarus in National Research (1990—2005) — Alexandr Gurin

 Documents and Materials

The Role of the Department of Citizenship and Migration of the Ministry of Internal Affairs of the Republic of Belarus in Implementation of the Technical Assistance Project «Strengthening the National Asylum System in the Republic of Belarus — phase II» — Sergey Matus, Tatiana Tumashik (only Russian)

International Economic Relations

The External Debt Influence on the Economic Growth of the Republic of Belarus — Gleb Shimanovich

Labour Markets During Economic Crisis Period: Variants of Employment Policy — Anastasiya Nesterova


FULL ISSUE 


English Summaries


«Justice Cannot Be Recommendatory» (Fayzullo Abdulloyev)

The issue of the legal force of the decisions of the CIS Economic Court on the interstate economic disputes within the CIS and Eurasian Economic Community incites interest not only in the academic community but in the society at large. The importance of this topic rises during the periods when the Court is settling interstate disputes, always widely publicized and discussed. But in most cases the conclusions about the recommendatory character of the Court’s decisions on the disputes are based not on the legal norms of the Statute documents of the Court and the international law but on the suppositions and statistics disguised as formally correct. Along with that the decisions of the Court on the disputes are often confused with the decisions on interpretation and the issues of the decisions enforcement and as a result erroneous judgements are made.

The article offers a legal position on the legal force of the CIS Economic Court decisions on interstate economic disputes within two international organizations. The position is based on systemic comparative analysis of the provisions of the Statute documents of the CIS Economic Court and of the norms of international law.
The relevance of the research is determined by the ambiguity in understanding of the problem that is crucial for ensuring uniform application of the agreements of the CIS and the Eurasian Economic Community and the ensuing economic commitments.


«Specific Features of Realisation of Public Rights and Duties of Multiple Nationals» (Alexey Grigoriev)

The article is devoted to the most difficult questions of realisation of public rights and duties of multiple nationals, including those in election law, diplomatic or consular protection, taxation, military legislation. The author recommends some measures for improving the above-mentioned relations in the legislation of the Republic of Belarus.
In particular, the author proposes to abandon the principles of equality and effective nationality and to formulate new rules in this field. According to the author there should be the basic principle of citizens’ voluntary choice of the state, the rights and duties of citizenship of which will become dominant in the realisation of their rights and responsibilities in case of a conflict of nationality laws.

The author proposes the development and codification of the rights and obligations of multiple nationals within the formation of the right to multiple nationality.


«Cultural Values Disputes: the Problem of Determining Applicable Law» (Eduard Korol)

The article considers the problems of determining applicable law regarding cultural values. It points out that neither the Republic of Belarus legislation nor multilateral international agreements fix typical format collision adherences to such special objects of civil circulation as cultural values. While settling court disputes, the norms of collision law are mainly used, those that are applicable to proprietory interest and contractual commitments.

The basic collision commencement in settling disputes on return of art objects and other cultural values is, as practiced in the world, the lex rei sitae principle. But its application does not always guarantee the protection of the rights of the owner of the missing cultural value over the rights of its bona fide purchaser, which can be used by the unscrupulous members of international circulation.

The author substantiates and proposes to fix as a norm a new collision adherence — the law of the state where the cultural value is registered as an item of its cultural heritage. This collision principle, in the author’s opinion, could be applied in case when the disputed object of historical and cultural value is regarded as an item of the cultural heritage of a certain state through its inclusion in the protection register and this status is confirmed. This will permit to fully take into account the interests of the state where the disputed cultural heritage item is registered and to protect the violated right of ownership. In general, it will allow to counteract the illegal traffic in the objects of historical and cultural heritage of modern states.


«The World Anti-Doping Agency Status under International Law» (Ekaterina Kouznetsova)

The article investigates the status of the World Anti-Doping Agency in International Law. The first part of the article is devoted to the background and history of the creation of WADA. Further, the author uses the base of the analysis of the constitutive documents to summarize the organizational characteristics of WADA and make an attempt to classify the organization. In the third part of this article the author analyzes the relations of WADA with national anti-doping authorities taking as an example National Anti-Doping Agency of the Republic of Belarus.

In the conclusion the author submits that WADA is formally a non-governmental organization under Swiss law, endowed with the public function of combatting doping in sport. The effectiveness of WADA anti-doping regime is ensured by the combination of self-regulation mechanisms with conventional international legal obligations of States.


«Legal Regulation of External Relations of the Regions in Belarus and Russia» (Andrey Volodkin)

The article gives comparative analysis regulation of rights and powers of the Russian and Belarusian regions in the external relations sphere. Due to the differences in state organization of Russia and Belarus the main object of investigation is  the distribution of powers between the federal centre and the regions in Russia and the powers of the local administration and governments. The author made his conclusions on the basis of the study that though both countries still lack the legal basis for the regions’ participation in trans-border  inter-regional cooperation, the Russian constitution and law fix the basic rights and areas of competence of the subjects of federation in this sphere, whereas Belarusian law actually does not stipulate the possibilities of initiation and development of such regional cooperation.


«Nationalism and International Relations» (Alexandr Chelyadinsky)

The article analyzes the influence of nationalistic ideas on the content and character of international relations in the past and at present. The author emphasizes that the manifestations of national identity do not disappear under globalization. To the contrary, various regions of the planet including the former USSR territory, demonstrate intense search for national identity in extreme forms which can lead to political systems becoming fascist in some countries. Such trends undermine the basis of international security since they may result eventually in emergence of scores of new states. Unfortunately, contemporary institutions do not pay sufficient attention to these problems, so the process bears a spontaneous character.


«Belarus—Germany: a New Paradigm of Political Relations» (Andrei Rusakovich)

The article analyzes the main directions of Belarusian-German interaction in the end of 2010 — the beginning of 2011 within the system of relations Belarus — the European Union. The author points out that the cooperation of Belarus and Germany has entered a complicated and controversial period of its development which is connected with a new aggravation of political relations. Germany, on the principles of values, has taken a rigid stand in regard to the internal political events which took place in Belarus on December 19, 2010 and in the following period has become one of those who initiated a new line in the relations of the European Union and Belarus. The decisions which were adopted on re-introduction of the sanctions regime and limitation of political cooperation have objectively resulted in decline of the interest of Belarusian authorities in pursuing active policies towards the EU. The Belarus—Germany relations see such dominant directions moving to the foreground as the pragmatic interests of mutually advantageous economic relations, retaining the level of relations reached in cultural and educational spheres and in personal contacts.


«Summing Up the Results of Kazakhstan’s Chairing the OSCE» (Vitaly Voronovich)

The article presents the amalysis of the preliminary results of the Republic of Kazakhstan performing the functions of the OSCE Chair. The author identifies the priorities of Kazakhstan’s foreign policy along these guidelines, characterizes the key events and the documents of the OSCE adopted during this period. The article considers in detail the main initiatives of Kazakhstan on perfecting the structure, ordering and diversification of the OSCE activities, elimination of the existing hot spots and prevention of the emergence of new ones as well as on intensification of the cooperation of this organization with other international institutions in the sphere of security.


«The “Hungarian October” of 1956 and Diplomacy of the Byelorussian SSR» (Svetlana Svilas)

The article uses the findings of modern historiography to characterize in general the Hungarian crisis of 1956 which is regarded as a national-liberation, democratic revolution. The paper identifies its genesis, its nature and the driving forces. It also explores its peculiarities and consequences. The systematized archive materials, which are for the first time introduced in academic discourse, reflect the position of the Byelorussian SSR in the UN on the “Hungarian question” and the contribution of the official Minsk to raising the international image of Hungary during the first years of Yanosh Kadar’s rule.


«EU and NATO Relationship in the Framework of Euro-Atlantic Security» (Volha Bychkouskaya)

The article is focused on the issue of the current EU—NATO relations in the framework of Euro-Atlantic security. It examines institutional periods of the EU—NATO relationship, defines the trends in the cooperation between the two organizations, analyses complications in practical realization of coordinated actions on ensuring the security. The author has made a conclusion that the relationship between the European Union and the North Atlantic Alliance after the Cold War has undergone serious changes. However, its actual configuration looks controversial and in general does not correspond to the declared Strategic Partnership.


«Foreign Policy History of Belarus in National Research (1990—2005)» (Alexandr Gurin)

The article analyzes the state of international research in the sphere of foreign policy history of Belarus in 1990—2005. The author identifies the main trends of the development, academic achievements and relevant problems of functioning of this branch of historical science, objective and subjective reasons for the specific character of its development in 1990—2005. The study is aimed at national and foreign researchers of international relations, foreign policy of Belarus, and foreign countries, at professors and researchers who are involved in international research.


«The External Debt Influence on the Economic Growth of the Republic of Belarus» (Gleb Shimanovich)

The growth of external debt, and public external debt in particular, worldwide is one of the consequences of the global economic crisis of 2007—2010. The external debt problem has become one of the most crucial issues of the economic policy both in the developed countries and the emerging market economies. Belarus has also faced a sharp increase in the gross external debt as a result of the global economic crisis. This article aims to analyze the consequences of the gross external debt accumulation for Belarus economic growth. According to the theory external debt can have both positive and negative influence on economic growth. This influence is realized through the changes in the volume of investments and total factor productivity (the efficiency of capital allocation and labor employment). The analysis revealed that these two channels of the debt influence on economic growth are active in Belarus as well. The effect of the external debt accumulation was positive within the analyzed period of 1997—2009. First of all, external borrowing positively influenced the total factor productivity, as the loans attracted were largely targeted at sustaining macroeconomic stability, which is the precondition for the economic growth. At the same time positive influence of the gross external debt accumulation on the volume of investments is much less significant.


«Labour Markets During Economic Crisis Period: Variants of Employment Policy» (Anastasiya Nesterova)

The article is devoted to the analysis of the crisis policy on labour market in different countries which aims to reduce the influence of the economic crisis. The author studied the employment policy instruments that allow to improve the correlation between the supply and demand on a labour market as well as the advantages and disadvantages of the measures taken.

The author notes that regulation of working time is the most wide-spread method for the countries with high incomes: the interference of the state decreases while shifting from the group of the countries with high incomes to the group with low incomes related to the resources. In general the countries with a lower and medium income level need measures that do not require complex institutional structures and social dialogue.


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

project_0911

 


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