Journal of International Law an International Relations


Journal of International Law and International Relations 2007 — N 4


International Law

International Humanitarian Law

World Culture Heritage Status in International Law — Ludmila Pavlova

International Ctiminal Law

Qualification of Human Trafficking Crime in International Law — Olga Emelyanovich

Theoretical Issues

Premature Recognition of a New State. Some Theoretical Aspects — Elena Konnova

International Private Law

Conflict Rules to Regulate an International Factoring Contract in the Republic of Belarus — Nadezhda Gazdyuk

Customs Measures of Copyright and Related Rights Protection — Yuliya Zhavnerchik

Documents and Materials

UNHCR Executive Committee Conclusion on Childen at Risk (N 107 (LVIII) — 2007) (only russian)

International Relations

Refugee Integration in the Republic of Belarus — Sergey Matus, Tatiana Tumashik

Poland and Belarus: History and Present Times — Alexandr Sharapo

Priority Directions of Belarus’ International Cooperation in Tourism — Leonid Gaidukevich

Towards the Activities of the Permanent Mission of the Republic of Belarus at the UN in New York (1960—1964) — Svetlana Svilas

The European Experience of Integration of a Cultural Policy to Overcome Social Exclusion — Dzmitry Kryvashei

Evolution of Italy’s Foreign Policy in the Middle East and Mediterranean Region (2001—2007) — Vladimir Vasilkov

Libyan-Russian Relations at the Modern Stage — Abduraof Elmalyan

Documents and Materials

Report of the United Nations High Commissioner for Refugees (only russian)

International Economic Relations

International Economic Functions Impact on Belarusian Economy Development — Roman Osipov, Alexey Danilchenko

Population of Real Income Growth as a Factor of Increasing Service Industry Sphere in the Economies of Western European Countries — Vyacheslav Perepyolkin

On Modeling of Macrodynamics for Transition Economy — Ernest Aksen

Efficiency of Export Operations in the Integrated System of Goods Sales — Vitaly Medvedev, Dmitry Gavrilenko


English Summaries

«World Culture Heritage Status in International Law» (Ludmila Pavlova)

The article relies on the analysis of Conventions, the key ones , according to the author, being the 1954 Hague Convention for the Protection of Cultural Property and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage so as to single out the criteria for identifying the world cultural values within the general category of cultural values. The article also explores the mechanisms of cultural heritage protection, both in the peaceful times and during military conflicts. The author focuses on the issue of the effectiveness of the protection mechanism and comes to the conclusion those it does not provide secure guarantees of the world cultural values protection during military conflicts. The following drawbacks of the protection mechanisms are pointed out: legalization of the reference to overriding military emergency, which, though used in extraordinary cases, can still be qualified as repressions banned for use by the conflicting parties; insufficient regulation of the states’ responsibility for the breach of the provisions of the Convention and the Protocol; the limits on the effect of the Hague Convention and its Protocol II which are not applied in case of riots and civic disorder though it is in the times like those that the threat of destruction and looting of the world cultural heritage is particularly high.

«Qualification of Human Trafficking Crime in International Law» (Olga Emelyanovich)

The article covers theoretical issues on qualification of human trafficking crime in international law. It analyzes different doctrinal positions of scientists considering human trafficking as an international crime, a crime of international character and a crime that combines elements of both aforementioned. The author pays special attention to respective provisions of international legal acts regulating issues concerning counteraction of human trafficking and punishment for it.

On the basis of constructive criticism of the mentioned positions the author concludes that human trafficking should be considered as a mixed crime depending on its gravity and consequences it can be considered as an international crime and as a crime of international character.

«Premature Recognition of a New State. Some Theoretical Aspects» (Elena Konnova)

Analysing of the criteria of recognition of states the article considers the questions of premature recognition and the applicability of this term in modern international law literature.

The criteria used in the traditional doctrine to determine whether the act of recognition was committed in proper time (the criterion of granting recognition only after that of «a parent state» and the criterion of the end of the struggle) have lost their legal value in modern international relations. The elaboration and assignment of the basic principles of international law have made it possible to evaluate the process of creation of states and the acts of recognition with the relation to the legal norms.

The criteria described in the modern doctrine (criterion of effectiveness of the government of a state, criteria for statehood elaborated in the 1933 Montevideo Convention on the Rights and Duties of States) are not legally binding in international law. The only obligatory criterion for recognition is international legality. According to this criterion the breach of peremptory norms jus cogens is not permitted in the process of creation of a new state, as well as in the process of granting a recognition to it. This criterion, however, does not have anything to do with the moment of recognition.

Thus, the author comes to a conclusion that the use of the term «premature recognition» becomes illegitimate because of the absence of the criteria which would allow to determine the timeliness of the recognition act in modern international law.

«Conflict Rules to Regulate an International Factoring Contract in the Republic of Belarus» (Nadezhda Gazdyuk)

The article deals with the question of conflict rules that regulate an international factoring contract in the Republic of Belarus. After studying native and foreign doctrine and law-enforcement practice the author comes to the following conclusions.

While considering the question of legal regulation of an international factoring contract on the international level the author points that because of several reasons it is impossible to regard it as effective especially in respect factoring relations with participation of Belarusian entrepreneurs. As a result of that fact the only way to regulate international factoring relations in the Republic of Belarus is regulation by means of national conflict rules.

The author emphasizes that unless the parties agreed different, the law of the country where the factor (as a party whose performance has vital importance) is based should be applied to a factoring contract.

The article suggests fixing a different approach to determine a law which is applicable to the relations between the factor and the creditor and a law which is applicable to the relations between the factor and the debtor.

In summary the author draws attention to the fact that the legislation of the Republic of Belarus that regulates the international factoring contract is not perfect and is to be brought into line with the world practice and needs of economic circulation.

«Customs Measures of Copyright and Related Rights Protection» (Yuliya Zhavnerchik)

Counterfeiting and piracy in the field of authors’ rights and related rights represent a serious problem, not only national, but also international, the solution of which decision can be more successful if legal owners have the effectual measures of customs protection fixed by the law. Many modern laws on the copyright comprise the conditions at which customs authorities can, on their own initiative or on the request of legal owners, refuse to give customs clearing to products which look like unauthorized copies of protected products. The corresponding norms are contained in the Berne Convention, and are specially developed in the Agreement on TRIPS. In Belarus the opportunity of suppression by customs authorities of distribution of the counterfeit goods appeared on coming into force of the corresponding addenda to the Customs Code of Belarus on June 14th, 2002.

The analysis of the normative acts allows to define some stages in the procedure of customs protection of copyright and related rights: submission of the application by the legal owner (his representative), consideration of the application by customs authorities, realization of protective measures by customs authorities in explosing possible counterfeiting of the goods, definition of the counterfeit nature of the goods.

The existing procedure of the customs authorities realizing the protection of the copyright and related rights to the objects produced corresponds to the TRIPS Agreement though it contains several gaps. It seems that a number of measures — introducing into the legislation of Belarus of a regulation of procedure of definition of the counterfeit goods; legislative guaranteeing of the rights of the person unreasonably accused of counterfeit products import; legislative fixing of hte possibility for the customs authorities to suspend the production of the goods not on the register without the legal owners’ application in case their counterfeit character is detected — will allow to raise the efficiency and the level of customs protection of copyright and related rights.

«Refugee Integration in the Republic of Belarus» (Sergey Matus, Tatiana Tumashik)

The asylum system in force in Belarus provides security and guarantees non-refoulement as well as lays down the basis for social integration of this category of aliens. Belarusian legislation in the field of refugee rights affords refugees the rights practically equal to those of the Republic of Belarus citizens in all spheres. Promoting integration and adaptation of migrants is one of the priority guidelines of the State Migration Programme for 2006—2010. It envisages implementation of measures to integrate the persons, recognized as refugees into Belarusian society in collaboration with international organizations and with their support.

The Republic of Belarus initiated a regional study «Promoting Local Integration of Refugees in Belarus, Moldova and Ukraine», held in 2007 under the aegis of Söderköping Process and with the European Commission’s financial support to develop measures to improve the situation in refugees’ integration. The results of this study will lead to developing specific projects to improve the national asylum system in accordance with international standards. Their implementation with the international organizations and financial donors’ support will raise the efficiency of the work with the persons whose need of international protection is recognized.

«Poland and Belarus: History and Present Times» (Alexandr Sharapo)

The article considers a range of historical aspects to take into account when defining state policy in general and international relations in particular, with a special focus on the influence history has on the present-day issues. This interrelation is explored on the example of the Belarusian-Polish relations, with special attention to the facts of the 1990s and the beginning of the 21st century. The author arrived to the conclusion that meeting the contemporary challenges can provide an impetus to improve the relation between Poland and Belarus.

«Priority Directions of Belarus’ International Cooperation in Tourism» (Leonid Gaidukevich)

Modern world sees tourism affecting the interests of many countries involving them in tourist exchange and becoming a major industry in the world economy. For Belarusian economy too, tourist industry is gaining more importance under the conditions of market reforms. Using this as a starting point the article stresses the necessity of expanding international cooperation of the Republic of Belarus in the sphere of tourism. The current demand for that is considered by the author at several levels of hierarchy:

— interaction with specialized international tourist organizations;

— international level;

— cooperation at the level of European regions;

— cooperation at the level of NGOs and tourist agencies.

The author explores these issues with the aim of practical suggestions which calls for special attention of tourism specialists. The article is based on the extensive empirical data of the current records of the Ministry of Sport and Tourism of the RB. This allowed not only to identify the problems raised in the article, but by analyzing the measures undertaken by the state to outline the ways of solving the problems.

«Towards the Activities of the Permanent Mission of the Republic of Belarus at the UN in New York (1960—1964)» (Svetlana Svilas)

The Activities of the Permanent Mission of the Republic of Belarus at the UN have not been studied by historiography , despite the fact that the Mission turns 50 in September 2008 and this is an interesting and instructive page in the history of diplomacy. The author uses archive records to outline the main directions in the Mission’s work, which reflected the contradictory nature of the Soviet foreign policy under N. Khrutshev. These include: participation in the work of the General Assembly and other UN agencies; preparation of documents and information materials for the UN Secretariat; reading the UN documents and ensuring the correct presentation of the BSSR position; holding meetings with foreign diplomats to explain Soviet foreign policy and BSSR’s position; propaganda of Soviet life and the USSR’s achievements at the example of the BSSR. The Belarusian diplomacy of the «Thaw» period, while accumulating the experience and creating the image of the country in the international arena, made its contribution to the foundation of the foreign policy of the Republic of Belarus and facilitated its later development.

«The European Experience of Integration of a Cultural Policy to Overcome Social Exclusion» (Dzmitry Kryvashei)

The article deals with the experience of some European countries in development and realization of cultural projects to get over social exclusion. Research has shown, that programmes and projects which are directed at provision of cultural needs of communities with a limited access to culture, are rare. The main reason is that the solution of the problems of the given communities is one of the primary goals of the social and not cultural policy of the state. In the some countries of Europe at the end of the 20th — the beginning of the 21th centuries the understanding of necessity of integration of a cultural policy into plans to overcome of social exclusion has increased. The cultural aspect of a problem of social inclusion is an integral part of large-scale programmes, both central, regional and local. Constant monitoring of the situation, coordination of actions, stable financing, and involving non-governmental organizations in projects is required for more effective realization of programmes and projects.

«Evolution of Italy’s Foreign Policy in the Middle East and Mediterranean Region (2001—2007)» (Vladimir Vasilkov)

The article covers the process of formation and realization of new aspects of Italy’s foreign policy strategy, tactics and trends in 2001—2007 within the Middle East and Mediterranean region. The author analyzes Italian diplomacy priorities in the region, as well as Italy’s role in peacemaking deals and stimulation of integrative processes in the Mediterranean. The author examines in detail Italian diplomatic participation in the Israeli-Arab conflict settlement, the bilateral relations with Israel and Palestine, Italy’s role in South Lebanon and Iraq peace deals, hardships in the dialogue with Iran, as well as the strategy of enhancement of Rome’s influence in the South Mediterranean.

The author evaluated the ambitions and projects in international relations, aimed at by the governing coalitions under the premiership of Silvio Berlusconi (2001—2006) and Romano Prodi (since 2006) relating to the region that has been historically attractive for Italian foreign policy strategy. The researcher assesses, to what extent Italy’s regional activity allowed it to enforce its political and economic impact in the Middle East and Mediterranean and, as a result, to upgrade its status in international politics.

«Libyan-Russian Relations at the Modern Stage» (Abduraof Elmalyan)

The article is dedicated to such an important aspect of the development of international links of the Arabian World as the relations between Libya and the Russian Federation. In the light of the special character of Libya’s international position, analyzed in details by the author, it is obvious that Libyan-Russian relations have become a kind of indicator of the place and role of this country in modern international relations, especially the regional ones. The author makes a conclusion that the fact that Russia had joined the international sanctions against Libya did certain harm to both these countries and demonstrated the pro-Western policy of the Russian authorities in the early 1990-s.

The article contains the analysis of the further development of Libyan-Russian relations as well as of the main problems in this context, provides the description of inter-parliamentary relations, the trade between the two countries and legal documentary basis of the bilateral relations. The article pays attention to the actual international context which determined the situation with the relations between the Libyan Djamahiriya and the Russian Federation.

The main conclusion of the article is that the strategic partnership between the two countries might be restored. The author outlines the reasons which make it possible.

«International Economic Functions Impact on Belarusian Economy Development» (Roman Osipov, Alexey Danilchenko)

The important determinant of the mechanics and power of the influence of the international economic fluctuations on a small open economy is the system of the endogenous economic fluctuations propagation parameters (stabilizers and amplifiers) reflecting the domestic and foreign sector structural features of the economy. The stabilization of a small open economy through balancing these parameters including realization of the branch innovation policies is a more efficient instrument than situational actions.

Due to the fact that the Belarusian economy structure (primarily, the foreign trade sector) results in a high degree of the vulnerability of the economy towards the foreign shocks (especially the shocks arising from extremely unstable world raw materials markets), the most important instruments of the innovation policy could be: reducing the dependence from the world raw materials exports markets through increasing the depth of raw materials processing; introduction of advanced energy saving technologies; development of new types of economic activities focused at the services sector (i. e. software development, etc.). At the same time, the innovation policy should be developed and realized together with the development of the measures aimed at attracting domestic and foreign capital, primarily in the form of the direct investments.

«Population of Real Income Growth as a Factor of Increasing Service Industry Sphere in the Economies of Western European Countries» (Vyacheslav Perepyolkin)

The subject of the article is the influence of the level and dynamics of population real income growth on the growth of services sector ratio against aggregate employment and gross value of the economy. The author’s comparative inter-state analysis revealed significant differences between the GDP and the per capita income. Therefore the correlation between public services rendered by state and municipal bodies on one hand and public services rendered through the market on the other differs. On the basis of the analysis the author gives recommendations for the improvement of methodology of the comparative inter-state analysis of the population income level and its influence on the process of Increasing Service Industry Sphere of national economies.

«On Modeling of Macrodynamics for Transition Economy» (Ernest Aksen)

The paper describes the approaches developed by the author for modeling the macrodynamics for a transition economy which allow to take into account financial risks and hyperinflation anticipations. A state economic policy is described by a function reflecting the dependence of the vector of the state assets and flows on the vector of economy’s real state. An equilibrium state of economy is defined in our model as a state for which, first, the condition of resident firms’, households’ and foreign investors’ optimal behavior holds; second, the condition of consistency with the state economic policy is satisfied; and third, there is an equilibrium at the markets of equity, borrowed capital and labour. The suggested methodology allows to construct stochastic models for exploring the impact of state economic policy on the dynamics of macroeconomic indicators. The presented approaches can be used while constructing and exploring the broad range of stochastic continuous-time models based on the ideas of utility maximization by economic agents and on the principles of market equilibrium.

«Efficiency of Export Operations in the Integrated System of Goods Sales» (Vitaly Medvedev, Dmitry Gavrilenko)

The existing practice of realization of production and mutual relations of subjects on foreign markets shows the importance of separate forms of the integrated communications. Both for the manufacturer and for the intermediary the technology of promotion of the goods reducing cumulative costs to the consumer is important.

The author offers a method to calculate the efficiency of each part of a chain or structural divisions, irrespective of organizational registration of the integrated communications.

The definition on the export efficiency taking into account integrated communications is based on the distribution of export profit in proportion to the added value produced at every stage, which corresponds to the expense of actual and past labour at this stage.

Distribution can be effected both at the stage of planning when contract prices are not known, and at the actual realization of product. At the planning stage the condition is accepted, that the end product will be realized at average market prices, fixed and published by the international price agencies, at the stage of actual realization — for contract prices.

The suggested technique of the estimation and calculation of the efficiency of separate parts of the integrated structure can be used for forecasting the price of the manufacturer and the intermediary, and also at distribution of the results of operation of the integrated structure.

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


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