Journal of International Law an International Relations


Journal of International Law and International Relations 2006 — N 3


International Law

International Organizations

Towards Codification of the Law of International Responsibility: Draft Articles on Responsibility of International Organizations — Ekaterina Vorobiova

International Criminal Law

Organizational Legal Forms of Belarus’ Participation in Combatting Transnational Organized Crime — Vladimir Merkushin, Oleg Sinko

A Historical Review of International Cooperation of States to Counteract Trafficking in Women and Children — Olga Emelyanovich

Refugee Issues

The Main Aspects of Asylum Granting to Foreign Nationals and Stateless People in the Republic of Belarus — Tatiana Tumashik (only russian)

Documents and Materials

European Union Council Directive 2003/9/EC of 27 January 2003 Laying Down Minimum Standards for the Reception of Asylum Seeker (only russian)

European Union Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of Third Country Nationals or Stateless Persons as Refugees or as a Persons who Otherwise Need International Protection and the Content of the Protection Granted (only russian)

European Union Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (only russian)

International Relations

The UN Permanent Mission of the BSSR Opening — Svetlana Svilas

The Establishment and Development of the Relations Between the Russian Federation and NATO in 1991—1993 — Andrey Fedorovich

Documents and Materials

International Standards for the Treatment of Asylum Seekers (the Materials of the International Seminar from September 7—8, 2006) — Yury Morgun (only russian)

International Economic Relations

The Effect of the State of the International Market on National Economy: the Role of the Goods, Services and Labour Flows Among Countries — Roman Osipov

Transborder Labour Markets: Methodology, Formation Peculiarities and Development Problems — Maxim Belitsky

Analysis of the Transition Processes in East Asia — Ihar Smazhenny


English Summaries

«Towards Codification of the Law of International Responsibility: Draft Articles on Responsibility of International Organizations» (Ekaterina Vorobiova)

Today international law is characterized by the development of the law of international responsibility as a separate branch of this system of law, and especially by codification of this branch. The evidence of this is the completion of the UN International Law Commission’s (ILC) work on the Draft articles on state responsibility in 2001. In the same year the UN General Assembly asked the ILC to begin the work on the topic «Responsibility of International Organizations». The topic of international organizations responsibility has been highlighted in the framework of the ILC as far back as 1963 and after this has been examined in the context of state responsibility. But at that time it has been decided to not to join these two topics in one research. The real work on the topic of international organizations responsibility has been carried out by the ILC since 2002. By the present moment 24 articles of the Draft articles on international organization responsibility have been adopted by the Drafting Committee. Defining the scope of the future document the ILC was following the same approach as in the working out of the Draft articles on state responsibility. In accordance with article 1 the Draft articles on international organization responsibility will apply to the question of responsibility of an international organization for acts that are wrongful under international law. The new Draft also intends to fill the gap, existing in the Draft articles on state responsibility: the scope of new draft articles will cover the questions of state responsibility for the acts of international organizations. During the work on this topic the ILC pointed out that the Draft articles on the state responsibility can be used as the starting point in its work on the present articles for the following reasons: First, the Draft articles embodied rules of customary law accepted by all states; second, the Commission had developed important principles of international responsibility and the same approach should be followed to the extent that the two issues were parallel even if conclusions were not necessarily identical; third, the Commission had specified the essential features of the concept of international responsibility in international law and there was no reason for it to change its stand. At the same time, these two drafts should be considered as two separate and independent documents.

«Organizational Legal Forms of Belarus’ Participation in Combatting Transnational Organized Crime» (Vladimir Merkushin, Oleg Sinko)

The article considers the main forms of Belarus’ taking part in combatting transnational organized crime: the forms determined by the law of treaties, by the framework of international institutions and by interdepartmental cooperation.

Drawing on the arguments of the article and the analysis of national and international law, as well as on the operation of the law enforcement agencies of the Republic of Belarus, the authors come to the well-grounded conclusion that the country has already formed the organizational legal foundation meeting international standards and enabling active combatting transnational organized crime. Further efficient counteraction to transnational organized crime in the Republic of Belarus should include the following:

1) enhancing and development of international communication, both on the basis of the law of treaties and within the framework of international organizations and agencies;

2) developing and codification in national law of the conceptual foundations of cooperation in combating transnational crime in accordance with the provisions of the November 15, 2000 UN Convention Against Transnational Organized Crime and its additional protocols;

3) phased harmonization of national criminal law with the international commitments, first of all, with the UN Convention Against Transnational Organized Crime;

4) efficient and timely enforcement of the existing laws, including the set of state control measures and monitoring of their enforcement;

5) further development of scientific methodological provision for the operation of the national system of combatting international crime, aiming primarily at raising the efficiency of the subjects of operational search action of the Republic of Belarus. One of the essential elements of this process is assumed to be the achievement of the objective integrating three aspects: ensuring uniformity in applying the innovations in national law, criminological expert appraisal of their effectiveness and the correspondence of the national training level of the law enforcement personnel to the international standards in the conditions of constantly changing crime situation.

«A Historical Review of International Cooperation of States to Counteract Trafficking in Women and Children» (Olga Emelyanovich)

Combatting trafficking in women and children is one of the priorities in international cooperation of states, international and non-governmental organizations.

The article contains a historical review of development of international cooperation of states to counteract trafficking in women and children. Special attention is paid to international treaties as a legal framework for coordinating cooperation of states. Prior treaty provisions were considered by the subsequent legal instruments, new approaches developed and controversial points were eliminated.

The article focuses on elaboration of definition of trafficking in persons, especially women and children. In the beginning there was no comprehensive approach to trafficking in women and children. The author notes the contribution of non-governmental organizations to raising awareness of the problem at international level.

«The UN Permanent Mission of the BSSR Opening» (Svetlana Svilas)

The process of the BSSR opening the permanent mission at the United Nations has not been studied by historians. But it is a bright page in the history of the republic’s foreign relations.

The article is based on unpublished materials. The author explores the reasons for the mission’s establishment, traces the selection of the staff, demonstrates the achievements and problems of the first experience and outlines the position of several figures of young Belarusian diplomacy.

The mission made a significant contribution to the world community’s learning about history, culture and national mentality of the Belarusian people. However, the mission was established only in the 14th year of the Belarusian membership in the United Nations. By that time 10 years had passed since the UN General Assembly’s resolution on permanent missions. The Kremlin did not confirm the personnel of the mission which had been nominated by the USSR Ministry of Foreign Affairs Collegium and approved by the Central Committee of the Communist party of the BSSR. The Center recommended a Belarusian with the appropriate qualities but from the Soviet Union Ministry to be Head of mission.

From the beginning a prominent place in the work of the mission was taken by propagating of Marxism-Leninism, «the advantages of the Soviet way of life and peaceful foreign policy». The mission was following instructions the instructions of the Soviet Union ministry, copying the relationship between the Union and Republic bodies. At the same time practical diplomatic work experience was gained, which was to bear fruit some three decades later.

«The Establishment and Development of the Relations Between the Russian Federation and NATO in 1991—1993» (Andrey Fedorovich)

After the termination of the «cold war» and disintegration of the Soviet Union the relations between the Russian Federation and the North Atlantic Treaty Organization have undergone significant changes. In 1991—1993 active steps were undertaken on the part of Moscow and Brussels, directed at the establishment of close contacts with each other, both on the political, and military levels. The North Atlantic Cooperation Council, created within the framework of the NATO in December 1991, promoted this rapprochement. The NACC represented itself as a forum where Russia on equal terms with other countries — members of the Alliance took part in discussions and decision-making on major international issues.

 One of the main problems of Russia — NATO consultations was aspiration of the Alliance to get Russia to fulfil its obligations under the international treaties in the field of disarmament, which had been assumed by the leadership of the USSR in its time. The Parliament of the Russian Federation ratified a number of treaties: CFE, START-1, and START-2.

Coming into force of  the Treaty on Conventional Armed Forces in Europe has led to the emergence of a new form of cooperation between Russia and the North Atlantic Alliance. It manifested itself in carrying out military inspections of the NATO countries on the territory of Russia, and the participation of the Russian military experts in inspections on the territory of countries-participants of the Alliance.

Military contingents of the NATO and the Russian Federation took part in joint military exercises, and in military operations on peacekeeping in Yugoslavia.

Constant exchange of military experts and teachers of higher educational institutions went on between Russia and the North Atlantic Alliance. The number of visits of high-ranking officials of the NATO to Moscow, and the of leadership of Russia to Brussels considerably increased.

 At the same time, there was a number of contradictions in relations between Russia and the NATO. So, for example, the Russian Federation strongly opposed unilateral military intervention of the Alliance in the settlement of the Yugoslavian conflict, and also a possible expansion of the NATO to the East. Moscow tried to achieve amendments of some provisions of the Treaty on Conventional Armed Forces in Europe. A certain degree of tension existed on the question of the withdrawal of the Russian troops from the Baltic states.

«The Effect of the State of the International Market on National Economy: the Role of the Goods, Services and Labour Flows Among Countries» (Roman Osipov)

The analysis of the empirical studies of the state of the markets fluctuations in world economy allowed the author to define the theoretical and methodological premises for designing an integrated model of the formation of the state of the market fluctuations in an open economy. The integrated model is shown to include three elements: 1) the sources of the state of the market fluctuation in the form of the world and foreign markets fluctuations; 2) the channels of transmission of the international state of the market including the goods and services flows, the capital flows and labour flows among the countries; 3) parameters reflecting the endogenous mechanism of transmission of the state of the market fluctuations (stabilizers and accelerators), as well as their correlation which determines the direction and degree of how the international state of the markets affects an open economy.

«Transborder Labour Markets: Methodology, Formation Peculiarities and Development Problems» (Maxim Belitsky)

Strengthening of international integration, the collapse of the socialist regime, abolition of state restrictions on labour transborder migration, world trade turnover growth have determined independent participation in the international migration process and formation of transborder markets based on regional labor markets. The nature of transborder labour markets essentially offers an opportunity of effective use of the existing social, cultural and industrial links rooted in history and geography to solve the problems of unemployment and of granting mutual guarantees.

Special legislation has not been developed yet and there is no system of transborder information on regulation of transborder labor markets.

The author analyzes the methodological aspects, features of the development and particular factors and models  of transborder labour market formation in Belarus, the system of transborder information, processes of regional integration as well as the subjects of markets in question, new territorial formations in the transborder areas — euroregions. Euroregions activity is considered as an integration factor at the labor market, on condition of manpower consolidation around interregional processes and relaxation of internal conflicts.

«Analysis of the Transition Processes in East Asia» (Ihar Smazhenny)

The paper analyses the transition processes in East Asian countries. Whereas there is a big number of researches concerning the economic transition in Eastern European countries, the number of researches concerning Asia is quite modest. The means of transition process are theoretically well known, but the initial conditions of each country and decisions made by its government at every stage of transition offer multiple options. That is why it is of scientific interest what measures the East Asian countries undertake, what results they have managed to achieve and whether it is possible to apply this experience in different countries.

The paper examines four countries. Three of them, Vietnam, Cambodia and Laos, are comparatively similar to the Republic of Belarus in the size of their economies. The fourth country, China, is necessary for a comparative analysis as it has achieved the most impressive results across the region. The case of Mongolia, which has also reformed its economy, was not analyzed since this country mostly followed the Eastern Europe experience. The transition processes in these countries took place in the 80s — the first half of the 90s of the previous century.

The first part of the paper discusses prerequisites for the reforms across the region. It is followed by the analysis of the reforms in the main areas: agriculture, state enterprises, finance, prices, the exchange rate, foreign trade, the state budget and foreign direct investments. The paper also presents the data and a comparative analysis of the most important economic indexes: inflation, economic growth, external and budgetary balances across the region.

This publication was prepared in the framework of EU TACIS — UNHCR project “Strengthening the National Asylum System in the Republic of Belarus”

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