Journal of International Law an International Relations

Journal of International Law and International Relations 2009 — N 4


International Law

Refugee Law

Normative Regulation of Some Legal Relations in the Context of the Implementation of the Law «On Provision to Foreign Citizens and Stateless Persons of Refugee Status, Subsidiary and Temporary Protection in the Republic of Belarus» — Tatiana Tumashik (only russian)

Definition of Torture for Granting Subsidiary Protection — Ivan Saleyev

International Private Law

Reasons and Tendencies in Illegal Migration. Illegal Migration Counteraction — Alexandr Fedorako

International Organizations

The UN Institutions Activities in Combatting Human Trafficking — Olga Emelyanovich

Legal Status of the International Olympic Committee and the Olympic Movement — Ekaterina Kouznetsova

International Maritime Law

Development of International Legal Regulation of Land-Locked States in the International Maritime Law — Anton Kipet

International Private Law

Contracts for International Transfer of Technologies — Andrei Metelitsa

Theoretical Issues

Programmes as Legal Regulators of the International Relations: Analysis of Factors — Boris Babin

International Relations 

Belarus in Bilateral Relations

Belarus-Germany Relations in the Beginning of the 21st Century: Economy Aspect — Andrey Rusakovich

Current Status and Future of Inter-regional Cooperation of Belarus and Russia — Vitaly Voronovich

Belarus in International Organizations

On the Belarusian SSR Activities in the International Labour Organization in 1960—1964 — Svetlana Svilas

Foreign States in World Politics

Political Mechanisms of Stabilization of the Growth of Potential of the PRC in the Present-day Conditions — Yulianna Malevich

Foreign Policy Issues in Pre-Election Programmes of Germany’s Main Political Parties in 2009 — Vladislav Froltsov

Global Problems in World Politics

The India-China and India-the USA Relations as an Essential Factor of the International Politics in the 21st Century — Ivan Sidoreyko

Refugee Issues

Experience of Work with the Asylum-Seekers in the Federal Republic of Germany — Natalia Borisovets (only russian)

Refugee Protection and Issues of Tolerance in Multicultural Society: Round Table Discussion Materials — Andrey Selivanov (only russian)

International Economic Relations

Psychological Aspects of Market Situation Fluctuations — Aleksey Danilchenko, Larisa Khmurovich

Stabilisation and Growth in World Economy: Reference Points and Ways to Achieve Them — Vladimir Rudenkov, Andrey Pilyutik

Using the Lafay and Balassa Indices to Identify Export Specializations of Central and Eastern European Countries — Natalia Karasyova


English Summaries

«Definition of Torture for Granting Subsidiary Protection» (Ivan Saleyev)

This article is devoted to one of important issues related to implementation of the new Law of the Republic of Belarus «On Provision to Foreign Citizens and Stateless Persons of Refugee Status, Subsidiary and Temporary Protection in the Republic of Belarus» (2008) that introduced a new status of a foreigner, namely, subsidiary protection. The Law established that subsidiary protection is given to foreigners who lack grounds to be granted refugee status but who «have well-grounded fears to face upon return to the country of his nationality the threat of death penalty, torture and other cruel, inhumane or degrading treatment and punishment, or threat to life caused by violence in the context of an international or non-international armed conflict».

In relation to that the question of existence or absence of a threat of torture is important in the context of consideration of application for refugee status or subsidiary protection.

The article studies the criteria of torture according to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Republic of Belarus is a party to this Convention. In accordance with the Convention as well as with the new Law of the Republic of Belarus, the absolute ban on return of persons who are in danger of torture is introduced, in case such persons apply for protection, and even if they were denied refugee status or subsidiary protection for any reason. Situations of a refugee and a victim of torture are compared. Procedure issues related to application by a Committee against Torture of the provisions of the 1984 Convention are discussed including the issues related to threat of torture in case of return. It is proposed to apply a «benefit of doubt» principle when assessing the evidence related to possibility of torture.

«Reasons and Tendencies in Illegal Migration. Illegal Migration Counteraction» (Alexandr Fedorako)

This article examines illegal migration as a complex independent modern phenomenon, and reveals the reasons for migratory movements, types of illegal migration and also measures which are taken by states to counteract illegal migration, especially, its organized forms.

It also covers the features of migration situation in the Republic of Belarus, the activities of law enforcement agencies to counteract illegal migration. Measures to enhance counteracting illegal migration in the Republic of Belarus are proposed.

«The UN Institutions Activities in Combatting Human Trafficking» (Olga Emelyanovich)

The article is devoted to the study of the activities of the main UN institutions — the General Assembly and the Security Council in the area of combatting human trafficking. While analyzing rule-making activities of the UN General Assembly, the author identifies two groups of resolutions emphasising their peculiarities. She also notes active involvement of the Republic of Belarus in the UN General Assembly activities: initiating of resolutions, holding international conferences, debates and interactive dialogue on the topic examined.

The article explores the issue of abusive practices by the UN peacemaking corps during execution of their duties on the territories under their control. The UN Security Council resolutions on preventing human trafficking during military conflicts are studied. The author suggests some measures on strengthening the mechanism of some UN Security Council resolutions.

«Legal Status of the International Olympic Committee and the Olympic Movement» (Ekaterina Kouznetsova)

The article examines legal status of the International Olympic Committee (IOC) and the Olympic movement. The first part of the article is devoted to the formal status of the IOC under Swiss law and that of the Olympic movement in the light of the founding document — the Olympic Charter.

In the second part of the article the author undertakes an attempt to substantiate the idea that the IOC and the Olympic movement possess certain elements of the international legal personality based on the international documents and practice of states and intergovernmental organizations.

In conclusion the author submits that under Swiss law the IOC is formally a non-governmental organization, which in fact possesses certain elements of the derivative limited international legal personality, including the right to act in the international relations sui juris and elements of treaty capacity.

«Development of International Legal Regulation of Land-Locked States in the International Maritime Law» (Anton Kipet)

The article deals with main stages of international legal regulation of land-locked states’ rights to access to the seas. With regard to non-coastal states the following international legal documents are analyzed: the 1921 Convention and Statute on the Regime of Navigable Waterways of International Concern, the 1921 Convention and Statute on the International Regime of Maritime Ports, the 1958 Convention on the High Seas, the 1965 Convention on Transit Trade of Land-Locked States and the 1982 UN Convention on the Law of the Sea. The author showed pre-requisites for their adoption as well as their significance in the process of land-locked states’ law formation. The author made a conclusion that the condition of the rights reciprocity is the main drawback of the majority of international legal documents fixing the right to access to the sea. This condition obviously fails to take into account specific status of land-locked states which at the same time is recognized in these documents.

Due to the analysis of the results of the conferences on maritime law the author showed evolution of the right of the land-locked states to the access to the sea. He drew the conclusion that the 1982 UN Convention is currently the peak of the process of formation and normative legal fixing of the rights of land-locked states. The author stated that the 1982 Convention on the Law of the Sea equalizes de facto land-locked and sea-shore states in their volume of maritime legal capacity.

«Contracts for International Transfer of Technologies» (Andrei Metelitsa)

The author analyses the works of Belarusian and foreign scientists, the legislation of the Republic of Belarus, and the international legal documents on the legal aspects of international transfer of technologies.

The article is topical due to the increasing importance of technologies in international economic relations, which as a rule are more important than other economic resources and link these resources into expanding production chain.

The Republic of Belarus, as a country with high dependence on international trade, needs effective legal rules on international transfer of technologies. These rules should be based on market economy principles.

The article aims to define the term «contract for international transfer of technologies» in the legislation of the Republic of Belarus. It also suggests a legal definition of the term «technology» and elaborates on the transfer of technologies as an object of contract relations.

«Programmes as Legal Regulators of the International Relations: Analysis of Factors» (Boris Babin)

The article considers the problems of programmes and programming methodology in legal regulation of international relations within the context of determination of the nature of such relations and factors that caused them. An attempt to determine specific features of modern international law is made in particular regarding the emergence of its new forms and sources. The author carried out a study determining the presence of some elements of programme managing activities within the mechanisms of international relations regulation. The article justifies critical attitude towards the rigid «classical» model of international law which envisages both the limited number of sources types and certain stereotypes concerning the nature and classification of international legal norms.

The author points out systemic and target based character of international law which explains the possibility to use their programme managing mechanisms. Attention is drawn to the fact that states actively use programming steps in the policy, in regulating relations with each other and third countries. The article underlines the steep rise of the importance of programming regulators in the string «economy—politics—law» at the interstate level. The paper claims that the necessity for the regulating system to correspond to the system of regulated relations determines the wide use of programming approach at the international level due to the fact that the subjects of regulation (states, international organizations, transnational corporations) possess internal programme managing regulators. The author states that no structure can develop at the supranational level without using the experience of programme management and programme managing activities.

Insights are given into modelling of the processes of international programme acts implementation into national practice where the role of the programme legal acts is very high today. The article also analyzes the reverse processes — the transfer of national models of programme regulation to the international level. The author notes specific features of international law which influence the role and functions of programme regulators and alters requirements to the forms that contain the programme norms for regulating supranational relations.

«Belarus-Germany Relations in the Beginning of the 21st Century: Economy Aspect» (Andrey Rusakovich)

The article explores the current state of trade and economic ties between Belarus and Germany. The author analyses general conditions of cooperation, the state and efficiency of the legal contractual base, the performance of the coordination structures, the efficiency of German technical aid to Belarus, Belarusian significance as a transit state, the level of cooperation between the two countries and cooperation in investments area.

The author believes that the growth of wide-scale trade and economic cooperation between Belarus and Germany meets Belarusian national interests, contributes to sustainability of its economic status, improvement of its economy’s competitiveness, development of market elements, integration into European and global economic system.

«Current Status and Future of Inter-regional Cooperation of Belarus and Russia» (Vitaly Voronovich)

The article presents an analysis of Belarus-Russia cooperation on inter-regional and trans-border levels, its problems, prospects and new forms.

While doing this the author tries to explore and evaluate the role of the said contacts, possibilities to establish urban agrarian agglomerations, agrarian industrial parks for ensuring economic security of the Belarusian state and overcoming the consequences of global political and economic crisis.

Special attention is paid to the issues of perfecting the legislative base in the field of inter-regional and transborder trade, economic cooperation and broadening of the authority of regional administrations.

The author also studied the experience of free economic zones functioning, gave definition and methodologically reasoned specific directions and projects of Belarus-Russia cooperation in the trans-border and inter-regional format. According to the author, such integration will contribute to the Union State with real activities.

«On the Belarusian SSR Activities in the International Labour Organization in 1960—1964» (Svetlana Svilas)

The BSSR activities within the ILO have not been properly reflected in historiography. The author showed preparation and activities of the republic’s delegation at the General Conference sessions, the relations with the Administrative Council and ILB during inter-session periods, the role of the BSSR Ministry of Foreign Affairs and its Collegium as well as of the USSR MFA in strengthening the efficiency of the republic’s membership in the organization on the basis of systematization and analysis of significant archive materials. The controlling from the Central Committee of the Belarusian and the USSR Communist Party Central Committees, the influence of the Cold War and the Decisions of the USSR Communist Party XXII Congress on the said aspect of the foreign political activity of Soviet Byelorussia are shown. The author points out the achievements, problems and prospects of the BSSR participation in the ILO.

«Political Mechanisms of Stabilization of the Growth of Potential of the PRC in the Present-day Conditions» (Yulianna Malevich)

The article is devoted to the analysis of the political mechanisms of the growth of potential of China in the face of the current global crisis. The publication identifies the main prerequisites of the examined process and suggests the most probable variants of stabilization of the resource potential in the crisis period. Various aspects of China's authorities’ activity in the indicated direction (the economic sphere, foreign policy, the reproduction of scientific knowledge and education sphere) are examined. The result was a conclusion that in the field of international politics China is achieving an active role as a global regulator of the global economy and a stabilizing evolution factor.

«Foreign Policy Issues in Pre-Election Programmes of Germany’s Main Political Parties in 2009» (Vladislav Froltsov)

The positions of the leading German parties regarding the main issues of foreign policy are considered in this article. It defines a characteristic distinctions in their pre-election programs which are able to influence further interaction between the new ruling coalition of the CDU/CSU — FDP and the left opposition within the framework of formation of German foreign policy strategy. The results of this research are of interest for studying the evolution of German policy at the present stage. They could be also used in planning of some promising directions of cooperation between the Republic of Belarus and Germany taking into account the results of federal elections in 2009.

«The India-China and India-the USA Relations as an Essential Factor of the International Politics in the 21st Century» (Ivan Sidoreyko)

The article analyses a number of factors influencing the development of relations among China, the USA and India. It points out the conflict of interests between the USA and China with regard to their latent rivalry for global leadership. The author carries out a detailed analysis of the issues existing in the India-China relations as well as of the factors creating a basis for the USA-India relations development. According to the author, there are serious reasons to suppose that the USA interests will urge their leaders to establish allied relations with India including joint settlement of the problems that the USA and India have with China.

«Psychological Aspects of Market Situation Fluctuations» (Aleksey Danilchenko, Larisa Khmurovich)

The article considers theoretical aspects of market situation studies related to the system of indices, some approaches to defining the cycle of economic processes and to interpretation of economic development from the psychology theories position. The article introduces the analysis of market fluctuations in the Republic of Belarus’ economy on the basis of a composite cyclic indicator — the index of industrial optimism and the analysis of the factors that determined upward trends of the development of the national economy and negatively affected it.

«Stabilisation and Growth in World Economy: Reference Points and Ways to Achieve Them» (Vladimir Rudenkov, Andrey Pilyutik)

The research in the processes of stabilization and economic growth confirms the basic idea of the necessity for anti-recessionary arrangements oriented on the causes of crisis, not on the manifestation of it. These arrangements must be directed on the support of the strategic economic reformation processes to achieve new qualitative development characteristics. At the same time the important point is to coordinate and to balance the arrangements undertaken. From this aspect the governments responsibility for making considered and original decisions is increasing.

«Using the Lafay and Balassa Indices to Identify Export Specializations of Central and Eastern European Countries» (Natalia Karasyova)

The article explores specific features and dynamics of export specialization of Central and Eastern European (CEE) countries during the transformation period. Possibilities of using indices of the comparative advantages of Balassa and Lafay approaches are evaluated.

The analysis proved that the indices of comparative advantages developed by Balassa and Lafay are rather convenient, informative and complementary tools for studying the character of specialization of a country and its dynamics. However, one would need to use some technological export classification, distribute empirically derived indices into groups, realize the drawbacks of each and eliminate these drawbacks through due to cross-application. At the same time, using these tools is not enough to get a deeper insight into the export specialization pattern.

Estimates showed that the CEE countries differ from each other in nature and progressiveness of export specialization. At the same time the absence of sufficient experience of realization of competitive advantages in international trade in the area of hi-tech production has not prevented the countries of the region from making their export specialization more progressive owing to an increase of shares in high- and medium tech goods.

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


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