Journal of International Law an International Relations


Journal of International Law and International Relations 2010 — N 2


International Law

Theoretical Issues

Diplomatic Protection and Exhaustion of Local Legal Protection Remedies — Olga Popkova

Migration Law

The Republic of Belarus Internal Affairs Bodies' Role in Regulating Migratory Processes — Alexandr Fedorako

International Private Law

Surrogate Motherhood Conflict Law Regulation — Natallia Baibarosha

Contemporary Trends of Legal Regulation of the Assignment of Receivables for Security Purposes — Nadezhda Gazdyuk

Review of Legal Regulation of the International Transfer of Technologies — Andrei Metelitsa

European Union Law — foreign experience

Classificatory Conflicts in Times of Constitutional Crisis: the Nature of The European Union — Steven Blockmans (full english text)

International Relations

Main Trends in Belarusian-German Relations in 2004—2006 — Andrey Rusakovich

Trade Relations of the Republic of Belarus with Latin American Countries (1992—2008) — Konstantin Andrievsky

Economic-Based Emigration of Belarusians to the United States (1918—1939) — Olga Koval

Negotiation Process on the Kosovo Status (2005—2008) — Svetlana Zhikhareva

Documents and Materials

The Practice of Holding Monitoring Visits in the System of Internal Affairs Bodies (only russian) — Sergey Kasinsky

World Rerugee Day — 2010 in Belarus (only russian) — Tatiana Selivanova

International Economic Relations

Selection of the Form of Economic and Organizational Collaboration of Auto Producers and Auto Component Suppliers in the Conditions of the World Labour Division — Ekaterina Stolyarova

The Mechanism of the International Transfer of Technologies — Elena Bertosh

The Hi-tech Structure as a Social and Economic Phenomenon — Olga Naumovich

Industrial Policy in Transitive Economy — Elena Filipenko

Economic Globalization and Labor Migration Processes — Peng Wen Tse


English Summaries

«Diplomatic Protection and Exhaustion of Local Legal Protection Remedies» (Olga Popkova)

The article examines a basic premise of diplomatic protection of nationals abroad by a State — the rule of exhaustion of local legal protection remedies. The exhaustion of local remedies should be carried out by nationals before exercising of diplomatic protection, in other words, before their application to a national State with the request to adopt the cause of its nationals as its own cause for the purposes of ensuring in another State the observance of rights and lawful interests of nationals enshrined in international law. The author deals with the research of the rule of exhaustion of local remedies problem in the light of State practice and the jurisprudence of international courts and arbitral tribunals as well as the views of famous international lawyers. The article contains the conclusion that the principle of exhaustion of local remedies constitutes the general rule of customary international law arising from the necessity to respect the sovereignty and national jurisdiction of States in the course of diplomatic protection. The author not only examines the theoretical jurisprudential basis of the rule of exhaustion of local remedies but the possible limitations on its application. The article takes into account the results of the work of International Law Commission in the area of codification of diplomatic protection related to the rule of exhaustion of local remedies.

«The Republic of Belarus Internal Affairs Bodies' Role in Regulating Migratory Processes» (Alexandr Fedorako)

The article considers the role and functions of the internal affairs bpdies in the sphere of migration. It discusses such matters, as issuance of identity papers (national passports, residence permits, refugee identity papers, travel documents), registration of residence and registration of stay, acceptance and consideration of applications for citizenship, registration of foreign nationals and stateless persons, issuance to them of permits for temporary and permanent residence, taking decisions in granting the refugee status, subsidiary protection; control over the foreigners' stay in the country, applying law enforcement measures to migration law violators.

The internal affairs bodies manage migration flows to ensure state and society security, to use to the utmost the positive aspects of migration for the country's development, to protect the lawful rights of migrants and the citizens of the country, to counteract negative aspects of migration including illegal migration and trafficking in people. The article suggests some measures to raise effectiveness in migration processes management.

«Surrogate Motherhood Conflict Law Regulation» (Natallia Baibarosha)

The article is devoted to identification of world approaches of surrogate motherhood conflict law regulation in a wide sense (establishment of a parent-child relationship, rights and obligations of parents and children, inheritance relations). In such situation surrogate motherhood creates relations between the factual parents (and sometimes the surrogate mother) and the child similar to those that occur between parents and children born without the use of the assisting reproductive technologies.
The author has formulated the proposals to improve the domestic surrogate motherhood conflict law regulation in a wide sense.

«Contemporary Trends of Legal Regulation of the Assignment of Receivables for Security Purposes» (Nadezhda Gazdyuk)

The article deals with the issue of contemporary evolution of regulation of the assignment of receivables for security purposes. Analyzing the situation set forth in the legislation of foreign countries and acts of international organizations, the author points to the following trends: establishment of a unified legal regime for the assignment made to transfer title оf the receivables to the assignee and for the assignment made for security purposes; recognition of the creditor's absolute legal title to the receivables that is similar to the right of ownership; extension rights of the assignee not only to the receivables but to the proceeds of it; establishment of a differential approach to conflict regulation of relations arising from the assignment including that made for security purposes. Taking into account these trends the author has that made proposals to improve national legislation (in particular, on introducing in the Civil Code the rules on an assignment for security purposes; on a differential approach to the regulation of conflict issue in the assignment of receivables, etc.).

«Review of Legal Regulation of the International Transfer of Technologies» (Andrei Metelitsa)

The article provides a review of legal regulation of the international transfer of technologies in the United States of America, the European Union, the Russian Federation, Ukraine and Belarus, as well as of basic international documents in this sphere.

The author reports on topical tendencies of the legal regime of the international transfer of technologies in the context of solving such global challenges as climate change and epidemics of the HIV/AIDS.

The article’s aim is to analyze the existing legal regime of the international transfer of technologies and forecast the directions of the developments in this sphere.

The article may be used in the activities on the improvement of the Belarusian legislation in the sphere of import and export of technologies, as well as in practical work in importing and exporting technologies.

«Classificatory Conflicts in Times of Constitutional Crisis: the Nature of The European Union» (Steven Blockmans)

The EU’s institutions have failed to name and define the EU. There exists a tacit agreement that the EU is a constructio sui generis. Some define the EU as an UPO, an ‘Unidentified Political Object’. The conclusion that the mere existence of the European Union forms a challenge to the concept of the Westphalian state has been drawn by various authors from different countries. The purpose of the article is to investigate if it is possible to establish and clarify the nature of the EU.

The Federal Constitutional Court of Germany (BVerfG, Bundesverfassungsgericht) in its verdict, known as the Lissabon-Urteil, identifies the EU as a Staatenverbund, an association of sovereign states. The most distinctive hallmark of this new type of intergovernmental organisation is singled out in the second clause of the definition, in which the EU is described as an ‘association of states, which exercises public authority on the basis of a treaty’.

The Court of Justice of the European Communities in the landmark cases of Van Gend en Loos and Costa v. ENEL interpreted resolution of states ‘to lay the foundation for an ever closer union among the peoples of Europe’ to the effect that the member states have not had the intention to found a federal state or Bundesstaat in the Westphalian sense of the word, but have rather created ‘a new legal order of international law’.

While the ECJ and the BVerfG seem to agree upon the question as to what is new about the project of European integration, they hold different views with respect to the theoretical implications thereof. The theory of the BVerfG on the nature of the EU as a Staatenverbund leaves a number of the special characteristics of the EU and its legal order largely unexplained.

Examination of the Treaty of Lisbon does not provide evidence to substantiate the claim that the ratification of the treaty may result in the creation of a federal European state. The European Union can be defined as a union of sovereign states, in which the citizens of the member states are also citizens of the Union and in which the governance of the Union is not only bound by the rule of law but is also required to meet democratic standards which are similar to those required of the governance of its member states.

«Main Trends in Belarusian-German Relations in 2004—2006» (Andrey Rusakovich)

The article analyzes the main trends in Belarusian-German relations in 2004—2006 within the complex of relations between Belarus and the European Union. It defines their place in Belarusian foreign policy, identifies the main issues of bilateral relations and the factors influencing the state of political contacts and presents the results of cooperation in the sphere of economy and trade. The author points out that one of the significant factors which affected the relations format within the stated period was the enlargement of the European Union and NATO in 2004. Belarusian-German relations developed in complicated conditions. The normalization of relations was the main issue in political sphere. Main activities were observed in cooperation in economy and trade.

«Trade Relations of the Republic of Belarus with Latin American Countries (1992—2008)» (Konstantin Andrievsky)

The article considers trade relations of Belarus with four countries of Latin America: Argentina, Brazil, Venezuela and Cuba. Over this period Belarus managed to retain the traditional segments of the nitrate and potassium fertilizers market in this region increasing the volume. Special progress was gained in the relations with Venezuela which is becoming Belarus’ main ally in the Latin-American region. However, the potential of cooperation with the above-mentioned countries has not been developed to the full: the share of other types of produce from Belarus has remained insignificant, there were too many intermediaries in the bilateral trade relations, etc. These circumstances raise the problem for the Belarusian government to promote expansion to the markets of these countries while diversifying the range of goods and services supplied.

«Economic-Based Emigration of Belarusians to the United States (1918—1939)» (Olga Koval)

The topic of labour migration of Belarusians in the inter-war period has not been sufficiently explored but it is relevant and important. During this period the American government influenced the immigration composition through legislation. 1921 saw the adoption of the Quota Act and 1924 — the Johnson Act which greatly limited the number of immigrants in the USA. Because of this no more than 1000 Belarusians emigrated to the United States in the inter-war period. Most of them were small-holder peasants. While adapting in the USA Belarusians often joined the activities of Ukrainian, Polish and Russian diasporas. The most active economic and political contacts were between Belarusians and Ukrainians. But political activity of Belarusian communities was never high.

«Negotiation Process on the Kosovo Status (2005—2008)» (Svetlana Zhikhareva)

In this article the author analyzes negotiations on the status of Kosovo. The factors that had an effect on the negotiations results, the positions of the parties, settlement proposals and Martti Ahtisaari’s plan, which is the base of state building in Kosovo, are considered. The author grounds the lack of progress in negotiations directions and incompleteness of status determination process; taking into consideration non-recognition of Kosovo sovereignty by the majority of UN member states and the existence of inter-ethnic tension.

«Selection of the Form of Economic and Organizational Collaboration of Auto Producers and Auto Component Suppliers in the Conditions of the World Labour Division» (Ekaterina Stolyarova)

This article is devoted to a new approach to selection of the form of economic and organizational collaboration between auto producers and auto component suppliers in the conditions of world labor division. This approach includes determination of the aims of such collaboration and selection of the form that helps to reach the goals on the basis of the system of two indicators — the level of quality of organizational and economic collaboration and the ability of the auto producer to create the investment value. The methodology of comparative evaluation of alternative forms of economic and organizational collaboration between auto producers and suppliers in the conditions of the world division of labor is considered to be the main tool of the proposed approach. This methodology consists of three steps, including the assessment of suggested indicators and positioning of them in the corresponding matrix in order to determine the form of collaboration, that favours the goals of such collaboration most of all.

«The Mechanism of the International Transfer of Technologies» (Elena Bertosh)

The article researches the international transfer of technologies on the basis of the traditional scheme developed by the UNCTAD which is further supplemented with modern lines of development of the world technological market. As a result, a modern mechanism of the technological transfer between countries is developed. A classification of the basic subjects and objects of the process of the international transfer of technology is given and on its basis the corresponding forms and methods of their transfer in the world community are identified.

«The Hi-tech Structure as a Social and Economic Phenomenon» (Olga Naumovich)

The study of the evolution of the concept «the high-tech structure» permits to shape the idea of this concept as a new stage of economic relations. The article discusses institutional grounds for the high-tech phenomenon, its social, economic and technological consequences, analyses the factors affecting it, the prospects of its emergence as well as the conditions necessary to form it in the Republic of Belarus.

«Industrial Policy in Transitive Economy» (Elena Filipenko)

Nowadays, in the conditions of cardinal changes occurring in world economy, the problems of development of industrial production require more detailed attention.

The global financial crisis, which was predetermined by institutional problems of classical capitalist system of management, has amply demonstrated that without an effective real sector of economy it is impossible to provide steady social and economic growth even in the richest countries. Now despite a smaller contribution to the gross national product in comparison with non-manufacturing industry the development of industry is a basic element of the state sovereignty and economic safety of the country. And the most effective tool of influence on the industrial sphere is industrial policy. The analysis of the main approaches to the concept of «the industrial policy» is presented in article.

«Economic Globalization and Labor Migration Processes» (Peng Wen Tse)

The article explores the questions of interaction of international migration processes and socio-economic changes in the modern world. Different migration flows are considered and the author concentrates his attention on the processes of international labor migration. A strong connection between labor migration and economic globalization is underlined.


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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