Journal of International Law an International Relations

 

Journal of International Law and International Relations 2012 — N 3

Summaries 


International Law

Human Rights

Forms and Methods of the Council of Europe Standards Implementation in National Legislation — Ludmila Pavlova

International Private Law

Modern Trends in the Collision Norms Typology Evolution — Elena Babkina 

Indirect Expropriation and Non-compensable Regulatory Measures: DistinctionsAleksei Zenkov

International Relations

On the BSSR Participation in International Coope-ration in Nuclear Energy Production (late 1950s—early 1960s) — Svetlana Svilas 

The FRG Security Interests on the Post-Soviet Area in the First Half of the 1990s — Vladislav Froltsov

The Energy Policy of the European Union at the Beginning of the 21st CenturyLudmila Khukhlyndina, Alexander Chizh

Institutes of Cultural Diplomacy in Poland — Olga Lazorkina

Refugee Issues in the Local Authorities Activities in the Vitebsk Region in 1917—1924 — Tatiana Ivanova

Diplomatic Relations Between the Grand Duchy of Lithuania and Muscovy During the Third «No-King» Period in the Polish Commonwealth (December 1586 — April 1587) — Sergey Lashkevich

Documents and Materials

The Netherlands Experience in Regulating Migra-tion, the Refugee Status Granting and Assisting Voluntary Return of Migrants to Their Homeland — Alexander Tatura, Sergey Gerasimov (only Russian)

Romanian Experience in the Sphere of Forced MigrationNatalia Sokolovskaya (only Russian)

International Economic Relations

Trends and Strategies in Technology Transfer Internationalization and the Republic of Belarus Participation in this Process — Alexey Danilchenko, Elena Bertosh

Transit Potential: Nature, Realization Factors, Assessment Approach — Nikita Kudryashov, Alexandra Nechay


FULL ISSUE 


ENGLISH SUMMARIES


«Forms and Methods of the Council of Europe Standards Implementation in National Legislation» (Ludmila Pavlova)

The article explores the notion of the Council of Europe standards, reveals their legal status and nature, investigates the mechanism of their implementation in the legislation of the Member States of the Council of Europe and the specific character of their application in the practice of the Constitutional Court of the Republic of Belarus. Recommendations are also made as to how Belarusian law can be brought into accordance with European standards.


«Modern Trends in the Collision Norms Typology Evolution» (Elena Babkina)

The article identifies modern global trends in the collision norms classification development such as: the growth of the number of disposition norms, the growing complexity of collision norms due to differentiation of its scope and the emergence of bindings plurality.

The author arrives at the conclusion of the necessity to use this experience in the development of international private law of the Republic of Belarus.


«Indirect Expropriation and Non-compensable Regulatory Measures: Distinctions» (Aleksei Zenkov)

The article deals with the issues of indirect expropriation and its correlation with non-compensable regulatory measures taken by a state, in the context of international private and international investment law.

These issues require studying due to the current need for elaboration of certain international legal standards that provide for a balanced protection of the interests of a state and a foreign owner of property in the context of implementation of governmental measures regulating property rights.

The analysis of some doctrinal sources, materials of arbitration practice (ICSID, NAFTA) and the provisions of international treaties, including multilateral conventions and bilateral investment treaties, made it possible to arrive at a number of conclusions which allow to determine possible criteria for distinguishing between indirect expropriation and non-compensable regulatory measures.


«On the BSSR Participation in International Cooperation in Nuclear Energy Production (late 1950s—early 1960s)» (Svetlana Svilas)

The paper presents a historian’s view on the basis of archive documents of the BSSR’s participation in the establishment and early activities of the International Atomic Energy Agency. It analyzes the role of the BSSR Ministry of Foreign Affairs in organizing the Republic’s participation in international cooperation in nuclear energy production, the interaction of the Ministry with the Republic’s Party leadership and the leadership in Moscow. The article describes the achievements and problems related to the activities of the Agency, reveals the mechanism of forming delegations to the IAEA’s fora and their composition. The author stresses that the BSSR’s membership in this international organization was used by the authorities in the Republic and in Moscow not only for pragmatic but also for ideological aims to justify and promote Soviet aims in foreign policy and the advantages of socialism in nuclear energy research organization.


«The FRG Security Interests on the Post-Soviet Area in the First Half of the 1990s» (Vladislav Froltsov)

The key security interests of the FRG on the post-soviet space in the first half of the 1990s are identified and considered in this article on the basis of official documents, statements and speeches of German statesmen and particularly Chancellor H. Kohl. The results of this research are of interest for studying the foreign policy of the FRG in the 1990s and 2000s as a whole and planning some promising directions for further interaction between the Republic of Belarus and Germany.


«The Energy Policy of the European Union at the Beginning of the 21st Century» (Ludmila Khukhlyndina, Alexander Chizh)

The energy policy is the most important activity of the European Union. This topic has not been sufficiently covered in Belarusian historiography. The article investigates the formation process of the energy policy of the European Union and provides a brief review of modern energy security environment of Member States. On the basis of the analysis of essential documents in the area of European energy security the authors deduce the directions of the energy policy and possibilities of reinforcing energy independence of Member States. The article also describes each direction of the energy policy and gives a forecast concerning the future of this EU policy.


«Institutes of Cultural Diplomacy in Poland» (Olga Lazorkina)

The article explores the mechanism of state regulation of international cultural cooperation of Poland. The author analyzes the importance of cultural factors in the foreign policy of the country, the degree of the state influence on the cultural sphere, the structure and activities of government agencies in the implementation of foreign cultural policy objectives, instruments and forms of cultural diplomacy.

The author believes that culture is seen as an effective tool for achieving foreign policy priorities of the Polish state. The organizational structure, funding and the authority of government agencies suggest that the central agencies are key actors in the development of cultural policy and strategy of promote Polish culture abroad. The activities of the cultural centres of Poland are not limited to the organization of work for the study of the Polish language. A wide range of cultural events testify to the priority of promoting the cultural heritage of Poland.


«Refugee Issues in the Local Authorities Activities in the Vitebsk Region in 1917—1924» (Tatiana Ivanova)

The paper deals with the attitude of the local authorities of Soviet power towards the refugee issues during the First World War and afterwards and with the attempts to settle some aspects of these issues in the Vitebsk region.

A lot of attention is given to the establishment and activity of the local and regional authority structures on the cases of prisoners and refugees. The regional and local authorities acted to realize a system of measures including furnishing hostels and temporary accommodation for refugees, placing refugees’ children into day centers, expanding the hospital network to receive refugees, rendering the required medical aid, providing the refugees registered at the regional agency departments with food, clothes, money allowance and dinners as well as placing them in jobs.

Propaganda work took a significant place in the Vitebsk region prisoners and refugees agency’s activities. The local authorities in accordance with the Centre’s orders exercised not only social but also political control over the refugee groups. Up to the mid-1920s the problem of refugees re-evacuation as the war consequence remained a part of the activities of the local and regional authorities in the Vitebsk region.  


«Diplomatic Relations Between the Grand Duchy of Lithuania and Muscovy During the Third “No-King” Period in the Polish Commonwealth (December 1586—April 1587)» (Sergey Lashkevich)

The article deals with diplomatic relations between the Grand Duchy of Lithuania and Muscovy during the period when The Polish-Lithuanian Commonwealth was without a King for the third time (December 12, 1586 — June 29, 1587). After the death of the King and Grand Duke of the Polish-Lithuanian Commonwealth S. Batory, Moscow stepped up its foreign policy efforts towards its western neighbour to elect to the vacant throne the representative of Muscovy or to prevent the election of the representatives of hostile countries. The Lithuanian politicians, in their turn, used the Moscow factor as a lever to pressure the Polish Crown into implementing their own domestic demands within the Federation, and on the other hand, sought to neutralize or oppose their own foreign policy agenda to the diplomacy of The Muscovy Ambassadorial office.


«Trends and Strategies in Technology Transfer Internationalization and the Republic of Belarus Participation in this Process» (Alexey Danilchenko, Elena Bertosh)

The article studies the current stage of development of economic relations related to international technology transfer. It reviews the current trends of this process, analyzes the characteristics of its development, on the basis of which a model is suggested of how to include the Republic of Belarus in the technology transfer internationalization process.


«Transit Potential: Nature, Realization Factors, Assessment Approach» (Nikita Kudryashov, Alexandra Nechay)

The article explores the problem of transit potential realization in the Republic of Belarus. The concept of “transit potential” is specified from the theoretical point of view. This concept is viewed as an economic resource with external and internal factors of its realization taken into account. The study carried out led the authors to conclude that among the external and internal factors it is the internal factors that come into play at the current stage, depending mainly on the economic policy of the state. The approach proposed by the authors allows to assess the transit potential of the Republic of Belarus on the basis of qualitative and quontative characteristics of the proposed factors.


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

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