Journal of International Law an International Relations

 

Journal of International Law and International Relations 2012 — N 2

Summaries 


International Law

International Organisations

The Role of the Economic Court of the Commonwealth of Independent States Decisions and Advisory Opinions in the Improvement of the Commonwealth Organizational Structure — Tatiana Zatsepina, Sabit Zholdybaev

International Migration Law

The Peculiarities of Legal Regulation of Temporary and Permanent Residence of Foreign Citizens in the Republic of Belarus and the Russian Federation — Alexandr Fedorako

International Private Law

Interests for Somebody Else’s Money Usage: on the Issue of Harmonization of Legal Regulation Within the Customs Union — Anna Bagdasarova

Jurisdictional Issues of the Disputes on Investment Contracts with the Participation of the Republic of Belarus — Darya Firsova

Amendments to the Convention Establishing the Multilateral Investment Guarantee Agency — Alesya Tyabus

International Relations

Military Agenda in a Global Security System at the Present Stage — Alexandr Tikhomirov, Alexandr Sharapo

The Beginning of Political Struggle in the UN on the Issue of New Members Admission in 1946—1947 — Vladimir Snapkovsky

Wars between Rzech Pospolita and the Kingdom of Sweden in 1600—1629 and the Position of the Grand Duchy of Lithuania Gentry Towards Them — Alena Demidovich

The National Archival Holdings of Belarus on the Stay of Foreign Prisoners of War on the Territory of Belarus during World War I — Sergey Ryndin

Documents and Materials

Integration of Refugees in Belarus, Moldova and Ukraine: Seminar Materials (only Russian)

International Economic Relations

Phenomenological Nature of Social Capital — Sergey Solodovnikov, Vyacheslav Shcherbin

The Development of International Hotel Networks — Karar S. Aaliwi Al-Robaee


FULL ISSUE 


ENGLISH SUMMARIES


«The Role of the Economic Court of the Commonwealth of Independent States Decisions and Advisory Opinions in the Improvement of the Commonwealth Organizational Structure» (Tatiana Zatsepina, Sabit Zholdybaev)

The choice of the theme of the article is determined by the 20th anniversary of the Economic Court of the Commonwealth of Independent States and by summarizing of this statutory authority’s activity. The role and significance of the Economic Court’s practice in further elaboration of the CIS organizational structure is analyzed in the article. The authors also analyze prospects for efficiency improvement of the Economic Court’s activity on settling legal collisions and filling the gaps in the Commonwealth law. 


«The Peculiarities of Legal Regulation of Temporary and Permanent Residence of Foreign Citizens in the Republic of Belarus and the Russian Federation» (Alexandr Fedorako)

The article focuses on the peculiarities of legal regulation of temporary and permanent residence of foreign citizens in the Republic of Belarus and in the Russian Federation. It analyzes the reasons for issuing temporary and permanent residence permits to foreigners in the Republic of Belarus, for the refusal of issuance, and it also proposes measures to improve the immigration laws of the Republic of Belarus.


«Interests for Somebody Else’s Money Usage: on the Issue of Harmonization of Legal Regulation Within the Customs Union» (Anna Bagdasarova)

The present article is devoted to legal regulation of the issues of responsibility for money obligations breach in the Customs Union member-states. Peculiarities of interest regulations for somebody else’s money usage in the Republic of Belarus, the Russian Federation and the Republic of Kazakhstan are considered; in particular, the mechanism of the interest rate estimation, the possibility to charge interest for foreign currency obligations breach, the period during which the interest may be charged and the correlation of interest with other forms of civil law responsibility are also analyzed.

The research and the analysis of differences in responsibility regulation in the form of interest allowed to make proposals on improvement of Belarusian legislation in order to harmonize national legislations of the Customs Union member-states under the integration process.


«Jurisdictional Issues of the Disputes on Investment Contracts with the Participation of the Republic of Belarus» (Darya Firsova)

The tribunal indicated in the International Investment Agreement has its jurisdiction over the risks arising from investment contracts only in case of fulfillment of a number of conditions, which is determined by the tribunal in each particular case. At the same time due to a high level of legislative regulation of investment contracts conclusion with the participation of the Republic of Belarus, the presence and absence of some of such conditions can be defined in advance. The article describes the factors which have a key significance in the process of taking a decision by the tribunal named in the International Agreement on a presence of its jurisdiction over the suits arising from investment contracts. The analysis of Belarusian legislation from the point of view of these factors is made, and a detailed algorithm of actions on taking a decision by the tribunal named in the agreement on the presence of its jurisdiction over the suits arising from investment contracts with the participation of the Republic of Belarus is presented.


«Amendments to the Convention Establishing the Multilateral Investment Guarantee Agency» (Alesya Tyabus)

This article reviews recent 2010 amendments to the Convention Establishing the Multilateral Investment Guarantee Agency. The amendments extend the list of eligible investments and provide the Board of Directors with additional powers to take decisions on additional covered risks and to provide guarantees to existing investments and stand-alone loans. The amendments also change the procedural issues connected with the terms and order of filing investors’ applications for guarantees. In the author’s opinion the amendments ratified by the Republic of Belarus in 2011 may serve as a platform for revitalizing cooperation between the Republic of Belarus and the Agency.


«Military Agenda in a Global Security System at the Present Stage» (Alexandr Tikhomirov, Alexandr Sharapo)

The problems of creation of a global security system in a context of transition from the bipolar Yalta—Potsdam system of international relations to a new one are covered in the article. It is noted that the end of the Cold War has not made the world more stable and secure. In the conditions of the armaments systems improvement, nuclear weapons proliferation, readiness to use force and lack of mutual understanding between the key actors in modern international relations, military components of security safeguarding still play a significant role.


«The Beginning of Political Struggle in the UN on the Issue of New Members Admission in 1946—1947» (Vladimir Snapkovsky)

The article deals with the emergence of the problem of new member-states admission to the UN. This question arose in 1946—1947 and remained for a decade a complicated international problem, around which political and diplomatic struggle between the USSR and Western countries started. It was not reflected objectively in the Soviet literature because all responsibility for the ensuing deadlock was placed on the Western bloc. The author uses the UN materials, Soviet foreign policy documents and reliable western research to suggest a truer and more panoramic picture of what was really taking place in the UN Security Council and the General Assembly on the problem of new members admission.


«Wars between Rzech Pospolita and the Kingdom of Sweden in 1600—1629 and the Position of the Grand Duchy of Lithuania Gentry Towards Them» (Alena Demidovich)

The article considers the position of the Grand Duchy of Lithuania gentry towards the wars between Rzech Pospolita and the Kingdom of Sweden in the first thirty years of the 17th century. The dynastic struggle of the representatives of the Vasas resulted in a number of wars which also aimed at gaining power in the Baltic region. The most important issue for the Grand Duchy of Lithuania during these wars was the problem of safeguarding its own security. A direct threat from the enemy attacks, the difficulties of financing military campaigns, actions of soldiers, who did not get their payment, — these are the main reasons, which determined the position of the Grand Duchy of Lithuania gentry towards the conflict between Rzech Pospolita and Sweden. Generally the gentry of the Duchy advised Zhygymont III Vasa to give up his claims and to end the conflict with the Kingdom of Sweden by means of concluding a peace treaty. The political elite of the Grand Duchy affected the military campaigns. Concluding peace treaties by the representatives of the Grand Duchy in 1622 and 1627 can demonstrate it. The latter is explained by the extremely hard situation of the Duchy which during the wars with Sweden carried the main burden of their consequences.


«The National Archival Holdings of Belarus on the Stay of Foreign Prisoners of War on the Territory of Belarus during World War I» (Sergey Ryndin)

The article is devoted to the fact of stay of a new category of foreign citizens — prisoners of war — on the territory of Belarus during World War I. The National Archival Holdings of Belarus preserve the documents on the placing of foreign prisoners of war in Minsk, Vitebsk and Mogilev provinces. The Russian authorities permitted to engage captured soldiers in various work in industry and agriculture. Belarusian provinces were no exception. The author considers the features of the use of labour force of the prisoners of war situated on the territory of Belarus. They include the aspects of organization of managing prisoners of war, their qualitative and quantitative composition, distribution within the spheres of province’s economy and the conditions in which they were kept.


«Phenomenological Nature of Social Capital» (Sergey Solodovnikov, Vyacheslav Shcherbin)

The essence of social capital as a socio-economic phenomenon is revealed in the article. It is understood as a sum of benefits obtained by the subjects from particular mutual information actions (as aggregate interpersonal relations reducing transactional expenses) aiming at mutually beneficial cooperation implemented by means of information exchange. The institutional basis of social capital is shown and the factors which determine its changes are analyzed. It is proved that the specific feature of social capital is that its total amount in society is not a sum of social capitals of all its socio-economic subjects.


«The Development of International Hotel Networks» (Karar S. Aaliwi Al-Robaee)

The article analyzes the prerequisites of appearance, stages of formation and development of a hotel network. Typical features of a hotel network are determined, objective reasons for modern integration processes in the sphere of world hotel industry are analyzed, the benefits and drawbacks of hotel networks are defined and current tendencies of international market of hotel services are formulated in the article. The conclusions will contribute to further studies of development and improvement of hotel networks.


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

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