Journal of International Law an International Relations

Journal of International Law and International Relations 2008 — N 4


International Law

Towards the 60th Anniversaty of the Universal Declaration of Human Rights

Towards the Legal Status of the Universal Declaration of Human Rights and its Influence on Law-making and Law-enforcement Processes — Alla Zybaylo

International Humanitarian Law

Restitution of Cultural Property as the Implementation of Cultural Rights — Olga Pashkevich

Issues of Restitution of Cultural Valuables Within the CIS Member-States Cooperation — Eduard Korol

International Scace Law

Recent Developments in the Institutional Framework of International Cooperation in the Field of Satellite Telecommunications — Iliya Adamov

International Private Law

Legal Nature of Transnational Corporations — Olga Shevtsova

International Relations 

The FRG Policy Towards Lithuania, Latvia and Estonia (1991—1998) — Vladislav Froltsov

Tourism Policy in the Expanded European Union — Leonid Gaidukevich

On Activities of the Belarusian Soviet Socialist Republic (BSSR) in the International Labour Organisation: Results of the First Five Years — Svetlana Svilas

The Establishment of the Slovak State (1989—1992) — Helena Mravikova

Provision of the Rights of Foreigners in Their Integration into Spanish Society — Olesya Slizheva

Participation of Great Britain and France in the EU Social Policy in 1972—2007 — Marina Gurina

The Rivalry of Japan and China in the Third World Countries — Svyatoslav Vitkovsky

Inernational Experience

The Problems of Structural Functional Analysis of Modern International Conflicts and Crises — Viktor Mironov, Arthur Atanesyan

Prerequisites and Barriers for the Tourist Exchange Development Between the Republic of Belarus and the Republic of Poland — Svetlana Khomich, Martin Bekta

Documents and Materials

On the Belarusian Delegation‘s Participation in the 59th Session of the Executive Committee of the UNHCR‘s Programme — Sergey Matus (only russian)

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

International Economic Relations

Foreign Economic Strategy of a State Under Globalisation of the World Economy: the People’s Republic of China’s Experience — Alexey Danilchenko, Dmitry Kalinin, Hu Junrong

International Transfer of Technologies and its Influence on the Export of the Republic of Belarus — Vladimir Rudenkov, Ernest Aksen, Irina Krivenkova


English Summaries

«Towards the Legal Status of the Universal Declaration of Human Rights and its Influence on Law-making and Law-enforcement Processes» (Alla Zybaylo)

On December 10, 2008, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights as a «common standard of achievement for all peoples and states». The Universal Declaration of Human Rights is the first universal internationally-accepted act, in which the human rights and fundamental freedoms, that everyone is entitled on the Earth, are coordinated, systemized and proclaimed by all the states of the world community. The Declaration also became the first common document in the human rights sphere.

The article is an attempt to estimate the legal nature of the Declaration, and also to uncover the degree of its recognition in law-making and law-enforcement practice of the states, at least in the degree where we could speak on the topic of giving it the status of a common law norm. The conclusion is that no matter how the Universal Declaration of Human Rights is examined: as a collection of common law norms or just as the proof of custom existence, — its contribution to the contents of such norms is obvious.

«Restitution of Cultural Property as the Implementation of Cultural Rights» (Olga Pashkevich)

The article examines the notion of restitution of cultural property from the point of view of cultural cooperation of the states. The ways of implementation of restitution in modern international law and in the states’ practice in the sphere of protection and return of its cultural heritage are analyzed, as well as their embodiment in the existing international legal documents, aimed at the protection of this category of objects. The author studies the evolution of cultural rights in correlation with the basic principles of international law. It is proved that in modern international law the restitution of cultural property serves as a guarantee of respect of human rights.

«Issues of Restitution of Cultural Valuables Within the CIS Member-States Cooperation» (Eduard Korol)

The article explores specific features of international cooperation of the CIS member-states in settling the issues of restitution of cultural valuables to the countries of their origin. The author analyzed the agreements signed by the states on restitution of cultural valuables which envisaged establishing of the appropriate interstate commissions for the settlement of issues of restitution of national cultural heritage objects. The author points out non-fulfillment of the norms on restitution of cultural valuables fixed in the agreements. The article also gives an analysis of the legal norms of the Russian Federation that are aimed at settlement of relations arising in connection with the cultural valuables which were transferred into the USSR during and after World War II and are currently located on the Russian Federation territory, thus influencing the settlement of restitution issues for some of the CIS member-states including the Republic of Belarus. The author gives the scientific substantiation of the existing absence of possibility of restitution of Belarusian cultural valuables while implementing the normative conditions of restitution fixed by Russian law.

«Recent Developments in the Institutional Framework of International Cooperation in the Field of Satellite Telecommunications» (Iliya Adamov)

The article focuses on legal analysis of current trends affecting the cooperation of states in the field of telecommunication by satellite, carried out within the framework of such international organizations as INTELSAT, INMARSAT, International Telecommunication Union (ITU) and the UN Committee on peaceful use of outer space (UNCOPUOS). A study of decision-making framework of the ITU and the UNCOPOUS is undertaken in order to discover problems, affecting the effectiveness of the organizations at issue and to provide guidelines for solving these problems. Serious attention is paid to the evolution of INTELSAT and INMARSAT as the result of the national and international privatization of the satellite telecommunications sector. Structural changes of the organizations are studied as well as international legal framework of such changes. Based on a thorough analysis of ways and methods of INTELSAT’S and INMARSAT’S evolution a conclusion is made that it is necessary to separate regulative powers of the intergovernmental organizations from direct use of outer space, carried out by private companies. Some drawbacks of the new fundamental documents, relating to public service obligations of the newly created private companies are revealed and the possibilities to eliminate the drawbacks are proposed.

«Legal Nature of Transnational Corporations» (Olga Shevtsova)

Transnational corporations are the leading actors of international economic activity. But there is not enough attention paid to them in legal research. In this article the author scrutinizes the approaches to definition of the transnational corporation and emphasizes the transnational corporation’s legal features.
Transnational corporations are groups of legal entities of different nationalities. This characteristic reflects the corporation’s specificity and causes particular difficulty in its legal regulation. These are the most important features of a transnational corporation: the first one is carrying out legal control of one legal entity by another in the group; the second one is the aim of the group’s activity to benefit on a global scale.
The author concludes that the transnational corporation is not a separate legal model. The activity of the group’s legal entities is controlled and regulated by national law and international regional documents. Thus, transnational corporations use the legal models provided by these legal sources.

«The FRG Policy Towards Lithuania, Latvia and Estonia (1991—1998)» (Vladislav Froltsov)

The policy of the government of H. Kohl concerning Lithuania, Latvia and Estonia in 1991—1998 as well as its key elements and contradictions are analyzed in this article. An influence of the Russian factor on the policy of the FRG is determined to be the main precondition of German unwillingness to support the persistent efforts of the Baltic countries to join the EU and NATO in the nineties. Such approach was caused by of H. Kohl’s wish to secure a strategic partnership with Russia, first of all, in the economic sphere, and also to withdraw in time the Russian armies from the territory of East Germany. As a result of his policy the three Baltic States do not consider the Federal Republic as their most important ally now. And this situation definitely reduces the political influence of Berlin in the Baltic region.

«Tourism Policy in the Expanded European Union» (Leonid Gaidukevich)

One of the main features of the global economy at the turn of the millenium is a dramatic global shift caused by the collapse of the world socialist system and further significant changes in many countries of Central and Eastern Europe. The recent integration processes in Europe give special topicality to the analysis of the performance of the tourism system of these countries in the new conditions of a single European tourism space. Thus, it is important within this context to evaluate structural changes in the tourism systems of the newly independent states, to determine the role of tourism in the country’s economy as well as to evaluate its regional future. Special tourism policy implemented by the countries of the region is especially important considering that Central and Eastern Europe countries are the most popular directions of Belarusian tourism.

Today this tourist mesoregion is most promising from the point of view of international tourism development. This article focuses on exploration of peculiarities of development of international tourism in Central and Eastern Europe. The regularities of tourism development in these countries differ greatly from the directions along which the CIS member-states tourism is developing. The author draws attention not only to the trends of development of tourism in Central and Eastern Europe countries after their acceding to the European Union but also to the mechanisms of implementation of radically updated tourism policy in these countries.

«On Activities of the Belarusian Soviet Socialist Republic (BSSR) in the International Labour Organisation: Results of the First Five Years» (Svetlana Svilas)

The BSSR activities in the ILO which used to be characterized by Soviet historiography as a conservative and even reactionary organization are almost unexplored. On the basis of the archive materials study the author shows some specific aspects of Belarus joining this specialized UN body, traces preparation and activities of the Republic in the General Conference sessions, interactions with the Governing Body and the International Labour Office. The article reflects the decisive role of the Ministry of Foreign Affairs of the BSSR and the Republic’s leaders in the development of cooperation with the ILO which influenced positively the quality of life of the population of the Republic. The article shows the impact of the «cold war» and peculiarities of the Soviet foreign policy on the BSSR participation in this international organisation.

«The Establishment of the Slovak State (1989—1992)» (Helena Mravikova)

This article analyses in detail the political background of the rise of the Slovak Republic showing the reasons for renaissance of Slovak identity after the end of the Czechoslovak Socialist Republic and finally it elucidates the birth of two new independent states: the Slovak Republic and the Czech Republic. The study refers to the key moments in the negotiations of the future state, it analyses ideological and conceptual difference in approaches. The study gives insight into the process of bilateral negotiations of the Prime Ministers V. Klaus and V. Mechiar which led to the establishment of two independent states.

«Provision of the Rights of Foreigners in Their Integration into Spanish Society» (Olesya Slizheva)

Foreign citizens — legal residents of Spain are given basic cultural, economic, social and very limited political rights (a right to vote at municipal elections is given only to the EU and Norway citizens; immigrants have no right to establish political parties). Only the immigrants who have a legal residence permit have a right of strike, membership in trade unions, political and other organizations and consulting councils. In comparison with all other EU member-states Spain provides more social guarantees to the illegal immigrants — primarily, it is medical emergencies, free obligatory education and opportunity of getting residence only after three years of illegal residence in Spain providing certain conditions are met.

The author believes that only recognition of originality of cultures of immigrants, respect for their traditions can create a climate of trust between various ethnoses. Important role here can be given to the authorities and the media in the implementation of a certain code of behaviour towards immigrants. Also the willingness and ability of immigrants to integrate into Spanish society, learn the language, study the history and respect cultural traditions of the native population are extremely important. Without such mutual integration normal coexistence of the Spanish people and foreigners is impossible.

«Participation of Great Britain and France in the EU Social Policy in 1972—2007» (Marina Gurina)

The European Union’s social policy is an important component of the European integration process. Great Britain and France can be singled out from all the states as the countries which have the greatest influence on the formation of this policy. The former took a consistently restricting position in this respect throughout its membership in the EU which hindered its development to a great extent. In contrast, France has always been a most active initiator and participant in the social sphere of European integration, trying to add a social dimension to all activities of the organisation.

«The Rivalry of Japan and China in the Third World Countries» (Svyatoslav Vitkovsky)

This article touches upon the main features of Chinese and Japanese diplomatic strategies for developing countries; as well as of economic, political and military cooperation between China, Japan and the Third World states. The author paid close attention to the political consequences of China’s economic expansion into the developing countries. China’s support of non-democratic regimes and its consequences are analysed. The article also presents a brief historical overview of the relations between Japan and the developing countries. In the end, the author compares Japanese and Chinese diplomatic models for developing countries, and makes conclusions on their ideological nature, political efficiency and prospects.

«The Problems of Structural Functional Analysis of Modern International Conflicts and Crises» (Viktor Mironov, Arthur Atanesyan)

The article analyzes the field of modern political conflicts (the «cold war» between the USSR and the USA, conflicts in Yugoslavia, Afghanistan and Iraq) to demonstrate that structural functional analysis, if properly adapted, may allow effective comparative study of complex international situations.
Complemented by other methods the structural and functional analysis permits to identify the critical situation in the conflict and to quantify the positions of the actors of modern international relations within the framework of problem models.

«Prerequisites and Barriers for the Tourist Exchange Development Between the Republic of Belarus and the Republic of Poland» (Svetlana Khomich, Martin Bekta)

The article explores the key factors determining the volume and structure of tourist flows between Belarus and Poland. The paper cites the official data on the dynamics of the tourist exchange between the neighbouring countries and the peculiarities of tourism infrastructure provided by the national agency of tourism of the Republic of Belarus and the Polish Institute of Tourism. The possible directions of further cooperation of the national tourism operators of the two countries are characterized.

«Foreign Economic Strategy of a State Under Globalisation of the World Economy: the People’s Republic of China’s Experience» (Alexey Danilchenko, Dmitry Kalinin, Hu Junrong)

A comparatively small domestic market of the Republic of Belarus and mostly export-oriented production of the country determine the necessity for the country to actively join the global economic processes. However, so far the country has mostly acted as a passive object of globalization processes not an active subject, since it mainly accepts and reacts to the economic conditions which are formed outside the country. With this starting point in view the article’s aim is to study and sum up the advanced experience of China in forming and implementing an active foreign economic strategy enhancing dynamic social and economic development of the country.
The article explores the advance of a cardinally new stage of the international development of China, which is characterized by active growth of its national economic activities. Special attention is given to the study of practical supply of the country’s economy with raw materials from external sources as well as to the directions and prospects of the economic cooperation with less developed countries.

«International Transfer of Technologies and its Influence on the Export of the Republic of Belarus» (Vladimir Rudenkov, Ernest Aksen, Irina Krivenkova)

The article analyses scientific schools on the problems of the international transfer of technologies, the tendencies, directions and ways of restoring the balance of the international exchange of technologies.
A technique of the estimation of the influence of diffusion of technologies on the export is suggested, including the statement of a problem and a short description of the approaches used; the directions of research of diffusion of national technologies is offered; the ways of the estimation of penetration of foreign technologies into national economy and their influence on export are reflected. Special attention is given to real data for realization of the technique suggested.


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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