Belarusian Journal of International Law and International Relations 2004 — N 3


International Law

Human Rights

The Republic of Belarus Measures to Implement the Provisions of the 1989 Convention on the Rights of the Child — Oleg Starovoitov

International Organizations

Legal Aspects of Establishing of the International Organization for Migration —Anna Pokhlebaeva

The WTO System and the Formation of the International Trade Law — Nikolay Akimov

International Cooperation in Combating Crime

Concept of Illegal Circulation of Narcotics in the International Law and National Legislation — Igor Tarasov

International Relations

The UN and Refugee Rights — Ilija Todorović, Yury Morgun

Neighbouring Policy of the EU: Instruments of Cooperation for Ukraine, Moldova and Belarus — Elena Dostanko

The European Union Policy Towards the Developing Countries in the 1990—2000s — Alesya Sadovskaya

Culture in the European Union Programmes — Dmitry Krivoshey

Russian Historiography on the USA Role in Unleashing the "Cold War" — Alexandr Kosov

Nuclear Factor in Ukraine’s Foreign Policy (1991—1996) — Denis Rafeyenko

The Problem of Refugees and Displaced Persons from the USSR During World War II in the Post-War Years (1939—1951): the Belarusian Aspect — Vitaly Voronovich, Vadim Samatyia

International Relations History Studies in Belarus in 1980—1990: Main Directions — Alexandr Gurin

Documents and Materials

Russian-Belarusian Relations within the Context of European Integration (Concluding Document of the 7th Round-Table Discussion of Russian and Belarusian Scientists) (only russian)

International Economic Relations

Restructuring and Development of Belarusian Power Industry with Regard to Integration Processes with Russia and the European Union — Leonid Padalko, Alexandr Zaborovsky

Managing the Intellectual Migration Flows Under Globalization — Margarita Bondar

Terminal Money Market of the Republic of Belarus: Problems of Formation and Regulation — Anastasiya Kruglova

Organizational and Resources Maintenance of Restructuring of Subjects of Economy in Free Economic Zones — Inna Sobolenko


English Summaries

"The Republic of Belarus Measures to Implement the Provisions of the 1989 Convention on the Rights of the Child" (Oleg Starovoitov)

The article deals with the issues of implementation of the international norms on the rights of the child, which are contained in the 1989 Convention on the Rights of the Child, into the legal system of the Republic of Belarus. These norms are realized in Belarus through harmonization of national legislation with the provisions of the Convention, establishment of national agencies to monitor the observance of international legal obligations and to provide administrative protection to the rights of children. Court and administrative practices are also brought into accordance with the country’s international legal obligations.

Belarus has adopted a number of normative legal acts, regulating the rights of the child. It has started creating the legal base to protect these. At the same time the legislation does not quite reflect the approach of comprehensive protection of the rights of the child fixed in the Convention. In particular, no precise legal fixing has been given to the principle of considering the best interests of the child. The following directions in legislation can be identified which require further regulation: problems of violence and abuse of children, sexual or economic exploitation, the issues of social orphanhood, health protection (in particular, safeguarding of children from accidents and hazards, the right to ecological health), creation of the system of juvenile justice and so on. Besides, the absence of an efficient independent mechanism of legal protection of children is also a certain drawback. The structures, traditional for Belarus, whose competence covers certain issues of children’s rights provision (education agencies, health care establishments, social care, guardianship institutions, juvenile delinquency commissions), do not embrace the whole range of the rights of children and are not able to realize the comprehensive approach to the protection of their rights. The article emphasizes the expediency of creating the office of a special commissioner on the rights of the child, which could complement the existing forms and means of providing the rights of children as an independent national mechanisms of the protection of the rights of children.

The author singles out certain measures of legal and organizational character which are necessary to take in Belarus for effective realization of the Convention on the Rights of the Child. They include perfecting national legislation as to the conformity to the principles and provisions of the Convention and creation of an efficient mechanism of provision of the necessary protection of the rights of children with the introduction of the institution of a special commissioner on the rights of the child.

"Legal Aspects of Establishing of the International Organization for Migration" (Anna Pokhlebaeva)

The most essential point in the study of the IOM legal status is the moment of its establishment as an international intergovernmental organization. It is only by thorough analysis of all documents which lie in the basis of the Provisional Intergovernmental Committee for the Movement of Migrants from Europe and later, Intergovernmental Committee for European Migration, Intergovernmental Committee for Migration and the IOM, that correct conclusions can be reached as to the sense of the change of names and the legal status of the organization in question. The article explores the process of the IOM establishment, its transformation from the Provisional Intergovernmental Committee for the Movement of Migrants from Europe into the current International Organization for Migration. The adoption of amendments to the 1989 Charter and the change of the name for the IOM proved the elevation of the status of this organization in the world arena and was the timely response to the migration problems of the time.

After analyzing the operation of the Provisional Committee and the doctrine sources concerned with the definition of the criteria for international intergovernmental organizations the author draws the conclusion that it is possible to consider the adoption of the 1953 Charter as the moment of establishing the IOM as an international intergovernmental organization. Before that, it had been regarded as a regional institution working in the field of migration.

"The WTO System and the Formation of the International Trade Law" (Nikolay Akimov)

The article is devoted to the issue of formation of the WTO system and international trade law. It analyzes historical, political and economic prerequisites of the WTO establishment, shows objective prerequisites for Belarus’ entering the WTO and stresses the conditions necessary for this.

In order to create an integrated overview the author presents the structure of the organization and the single package of the WTO agreements in the form of charts.

The WTO system is described as a dynamic developing system based on the GATT achievements. The author explores a number of agreements from the single package. At the same time he notes the peculiar nature of the WTO law system and its difference from the previous GATT system.

The article touches upon the issues dealing with functioning of the WTO system mechanisms. It analyzes some characteristics of the WTO activities as a typical international organization.

The author concludes by the statements that it is the WTO that has the central role in the system of international trade relations and that its norms and principles represent the legal framework of the system of regulation of international trade.

"Concept of Illegal Circulation of Narcotics in the International Law and National Legislation" (Igor Tarasov)

Combatting illegal circulation of narcotics requires strong joint efforts from the world community. Today the states achieved significant results in this sphere though there are still some problems. In particular, they are connected with the regulation of the concept of illegal circulation of narcotics. Absence of a single approach to the content of this concept reduces the effectiveness of cooperation.

The author makes a conclusion on the content of the concept of illegal circulation of narcotics and also introduces practical recommendations on improvement of norm-making activities in this sphere on the basis of analysis of international treaties, national legislation of a number of states and also academic works on this issue.

"The UN and Refugee Rights" (Ilija Todorović, Yury Morgun)

The article analyzes various approaches to and forms of the international protection of refugees, highlights the system of legal mechanisms of refugee rights protection. It aims to draw stronger attention to the most vulnerable group of people — refugees, to educate the readers, primarily, lawyers and scholars, teachers and students in the refugee rights, to encourage interest in the refugee rights studies and to present a concise but comprehensive picture of the contemporary system of the UN legal instruments used to implement the refugees’ human rights for the attention of government officials, migration service, law-enforcing agencies, border guards, judges, advocate lawyers and NGOs.

The article also presents an analysis of the UN human rights protection mechanisms which can be used for the purpose. It is shown that resorting to these mechanisms should be viewed as complementing the  regional means, but not in isolation. The use of combined means in strategic and practical protection of refugee rights can significantly raise the efficiency of each of them.

"Neighbouring Policy of the EU: Instruments of Cooperation for Ukraine, Moldova and Belarus" (Elena Dostanko)

      Widening of the EU, acquiring new neighbours, Russia, in particular, emergence of new Western independent states (Ukraine, Moldova, Belarus), as well as of states of South Mediterranean required new approaches to cooperation with these countries. The documents determining this cooperation of the EU with new neighbours are the conception of "a Wider Europe — Neighbourhood: New Approach Towards Cooperation with our Eastern and Southern Neighbours" or the conception of "neighbourly" cooperation of the EU, the document "About New Instruments of the Neighbourhood Policy", the strategy "The European Policy of Neighbourhood". The declared policy of neighbourhood is called upon to promote harmonizing national legislations with the European one, to enhance economic integration and free movement of people, goods, services and capital, though it does not see the membership of new neighbours in this organization as a middle-term prospect.

The EU emphasizes the difference in the approach to each neighbouring country due to different levels of bilateral relations and the extent of the wish to strengthening coperation between the European Union and each country. The neighbourhood policy implies cooperation on different levels and at different speeds depending on results achieved in the process of application of neighbourhood policy instruments.

The article stresses that despite certain historical similarities of Belarus, Ukraine and Moldova in the early 1990s, they had their specific features which later were reflected in the heterogeneity of the processes of formation and development of the policies of these countries and the EU.

"The European Union Policy Towards the Developing Countries in the 1990—2000s" (Alesya Sadovskaya)

The author considers the problem of relations between the European Union (EU) and African, Caribbean and Pacific States (ACP) in the 1990—2000s; explores the content and essence of the EU development policy — the EU’s official policy towards the ACP group of states. The principles and objectives of the EU development policy are the following: poverty eradication, sustainable economic and social development, smooth and gradual integration of the ACP States into the world economy, promotion of democracy and human rights, the rule of law and good governance; the core instruments of this policy, such as trade preferences, development financing and humanitarian aid are also defined in the article.

The author investigates the legal basis of the EU-ACP cooperation, analyzes the VI Lome Convention and the Cotonou agreement, which are the fundamental documents in the relations between the European Union and the ACP group in the period of the 1990—2000s. The author introduces different approaches and views within the EU on developing cooperation with the ACP countries and stresses the need for greater coordination between the aid policies of all EU  member states.

The role of development policy as an aspect of the European Union’s external relations is very important, that is why the emergence of a stronger common foreign and security policy would also enhance the prospects for deeper and closer cooperation of the EU member states in their policy towards the countries of Africa, the Caribbean and the Pacific.

"Culture in the European Union Programmes" (Dmitry Krivoshey)

The article explores the history of the development of cultural cooperation in the EU framework.

The author points out the fact that the European Union had not put forward any great cultural initiatives before the late 1980s. The competence of the European Union institutions came to include cultural issues comparatively late. It took quite a long time to develop the appropriate institutional instruments.

In 1987 the Commission made a report "A Fresh Boost for Culture in the European Community" which laid out a general programme in five main fields of activities. The programme served as a basis for further developments in the sphere of culture.

1989 saw the establishment of a special Cultural Affairs Committee within the EU. In the same year the Committee issued a report "Culture for the European Citizen in 2000" which contained a long-term programme in all spheres of culture.

In the early 1990s the EU financed a number of cultural projects. The top of the list was taken by the programmes on protection of the common European heritage. 1985 saw the beginning of the project "The European Cultural Capital". The programme "Kaleidoscope" was in existence since 1992, the Programme "Media-95" — since 1990—1995, etc.

Fundamental changes in international cultural cooperation in Europe were made by the 1992 Maastricht Treaty. Article 128 laid the legal basis for the development of the EU activities in the realm of culture. In this direction the European Union has been closely collaborating with the Council of Europe.

The EU activities in culture are financed by the budget of the European Union, the budgets of the member-states and by sponsors. In 1991 the European Committee — CEREC (Comitй Europeйn pour le Rapprochement de l’Economie et de la Culture) was established to promote sponsorship at the international level.

In 2000 the European Parliament adopted a new programme "Culture 2000" which replaced the former "Kaleidoscope" (cultural activities), "Ariane" (books and reading), "Raphael" (cultural heritage). The main change in the approach of the European Commission to cultural programmes lies in focusing on common aspects of the European cultural heritage which should promote the EU countries integration.

The author concludes with the idea that Belarus’ joining some programmes of the European Union will enable it to master the experience of the member-countries where culture has been developing in the market conditions and in the open society over decades. The cultural policy patterns are determined there by the correlation of the market requirements with the participation in high culture events, by the national identity protection and also by the protection of their own culture markets which is very important in the situation of globalization.

«Russian Historiography on the USA Role in Unleashing the "Cold War"» (Alexandr Kosov)

The article explores the problems of the study of causes and the beginning of "the Cold War" in Russian historiography. The author sets himself a rask to analyze some questions concerning the role of the USA in emergence of "the Cold War" on the materials of Russian literature.

The article falls into 2 parts.

First, the author considers the evolution of the studies of the history of "the Cold War" period in the Soviet Union and, later, in Russia. Both the achievements and the drawbacks, as well as the problems of the research of the period are shown here.

Next, the author reviews the studies carried out in Russia which are devoted to the causes and beginning of "the Cold War". Whereas in Soviet times the approach was comparatively uniform with all authors laying the blame for the tough confrontation on the USA and the famous 1946 Churchill speech in Fulton, now there is a range of opinions as to that. Some of them are cited in the article. The author further makes an attempt to analyze various points of view of Russian scholars on the causes for the USA to have entered of "the Cold War".

The article demonstrates that now it is necessary to write a joint history of post-war international relations, to reveal the causes and actions which plunged the world into the Cold War. Now, however, the fact that Russian historiography has become an unalienable part of the world historical science and makes its own contribution to the study of this unique period of the world history is very encouraging.

"Nuclear Factor in Ukraine’s Foreign Policy (1991—1996)" (Denis Rafeyenko)

As a result of the USSR’s collapse Ukraine became the third largest nuclear state in the world after the USA and Russia, since it had over 1900 nuclear warheads for strategic missiles. Having inherited this formidable nuclear potential of START Ukraine, however, did not inherit control over it.

December 1991—February 1992 saw signing agreements within the CIS framework which determined the status of the nuclear armaments of the former USSR. Belarus, Ukraine, Kazakhstan and Russia committed themselves to joint development of policy concerning nuclear weapons and retained joint control over the nuclear armaments of the former USSR. The Joint Command of Strategic Forces was established. Ukraine and Belarus also pledged to join the Nuclear-Proliferation Treaty as non-nuclear states.

In its turn, the Lisbon Protocol to the START-1 Treaty, signed on May 23, 1992 in Lisbon, Portugal by the Foreign Ministers of Belarus, Kazakhstan, Russia and Ukraine bound Belarus, Kazakhstan and Ukraine to join the Nuclear-Proliferation Treaty as states not in possession of nuclear weapons.

The policy of Ukraine concerning nuclear weapons was formed in 1991—1996 under the influence of several political groups in the country’s administration, who were for or against retaining nuclear weapons. Peculiarly, they included people both from the legislative and executive branches.

Ukrainian diplomacy managed to obtain some political and economic concessions from the world community in exchange for the inevitable withdrawal of nuclear weapons from the territory of the country. Mainly, it was President Kravchuk’s success. He played various groups in the parliament against each other and blackmailed Russia and the West by the threat of taking over the control of nuclear weapons, thus, forcing those latter parties into open negotiations. However, the advantages gained at these negotiations were of short-term character.

On the other hand, there was an alternative to the non-nuclear status of Ukraine. But the possibility to establish at least partial control over the nuclear legacy of the CIS was lost by the government of Ukraine itself. It was because of the government of Ukraine itself, that the CIS joint strategic forces failed to be established.

"The Problem of Refugees and Displaced Persons from the USSR During World War II in the Post-War Years (1939—1951): the Belarusian Aspect" (Vitaly Voronovich, Vadim Samatyia)

The article explores the content and evolution of the concepts "the repatriate", "the displaced person", "refugees" as well as international legal instruments on this problem, adopted during the last years of World War II and the first years after the war.

The authors give a brief characterization of the situation in migration policies in post-war Europe, consider the stages in the relations and investigate the essential differences between the USSR and its western allies on the issue of forced repatriation of Soviet citizens.

The article also discusses the process of establishing the objectives, tasks and efficiency of the UNRRA and of the office of the United Nations High Commissioner for Refugees.

Considerable attention is placed on history and reasons for intensification of migration flows from the territory of Belarus, on the situation of reception and accommodation of refugees and displaced persons in the BSSR in 1945—1950, on the peculiarities and distinctive features of Belarusian policy as compared with Soviet strategies and tactics in this sphere.

"International Relations History Studies in Belarus in 1980—1990: Main Directions" (Alexandr Gurin)

Belarusian historical studies development in the 1980s was characterized by the extension of the range of research, stronger coordination and the growing number of studies. At the same time these studies were a part of Soviet social studies, that is why, international relations which were Moscow’s prerogative were undertaken in Belarus only sporadically.

A totally new period in the development of Belarusian historical science began at the turn of the 1980s, which was connected with the USSR’s collapse and the establishment of independent Belarus. The formation of the Belarusian school of international studies was a part of the revised vision of Belarusian historical conception.

The article reviews the main directions of Belarusian historians’ research in the fields of international relations and overseas policy of foreign countries in the 1980—1990s. The research issues and historians’ specialization are analyzed with reference to main publications.

"Restructuring and Development of Belarusian Power Industry with Regard to Integration Processes with Russia and the European Union" (Leonid Padalko, Alexandr Zaborovsky)

Two largest neighbours of our country: Russia and the EU influence most strongly the development strategy of the Belarusian power industry. The choice of directions in organizational structure and liberalization level of power market during the planned structural reforms in national power sphere will take place with regard to the experience of similar transformations in Russia and the EU states and also the EU requirements to the structure and principles of the power industry functioning. The given article considers the whole set of the power industry restructuring and development with regard to integration processes with Russia and the EU. It outlines three main issues: 1) restructuring of power industry; 2) conceptual approaches to the formation of market systems of control of Belarusian power industry; 3) development of export and import relations with the Russian Federation and the EU.

"Managing the Intellectual Migration Flows Under Globalization" (Margarita Bondar)

The article deals with the genesis of migration processes in general and recruiting highly qualified specialists for various sectors of the global labour market.

The article reviews the causes and consequences of the brain drain involving not only researchers, but also the aspiring academics like postgraduates, master and doctorate students, most talented undergraduates and even schoolchildren.

The authors also consider the problem of internal "brain drain" from scholarship and research into other sectors of economy and the ensuing consequences.

Basing on the analysis of foreign experience of managing migration flows the authors make recommendations on improving this management towards reducing the negative influence of the "brain drain" on the national economy under globalization.

"Terminal Money Market of the Republic of Belarus: Problems of Formation and Regulation" (Anastasiya Kruglova)

The article is devoted to formation and legal regulation of terminal money market in the Republic of Belarus. The authors show definitions, functions, advantages and disadvantages of functioning of terminal money markets and their derivatives. They explore global and national aspects of development of derivative money markets, their macro- and microeconomic influence on the economies of various countries. They analyze some differences in Russian and Belarusian legal regulation, give information on the establishment of auctions with derivative money instruments on the Belarusian Currency Exchange, bargains on term on the US Dollar and Euro, their normative regulation. The authors also give the formulas of definition of such parameters as accounting price, market limits, cost estimation of net positions, variational and deposit margins.

"Organizational and Resources Maintenance of Restructuring of Subjects of Economy in Free Economic Zones" (Inna Sobolenko)

With the view to make precise the concept and content of “restructuring” the article emphasizes their economic importance and interaction with some decisive factors determining the systemic approach and efficiency. The author suggests the techniques and parameters for assessment of the market value of subjects of economy on the basis of its competitiveness. Special attention is paid to the amortization policy of subjects of economy when leasing is used between the subject of economy and investors.

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