Journal of International Law an International Relations


Journal of International Law and International Relations 2012 — N 1


International Law

International Private Law

Anti-Counterfeiting Agreement (ACTA): Political and Legal Aspects — Elena Leanovich

The Concept of International Private Law Principles — Nicolai Oksyutchik

International Enviromental Law

Some Aspects of International Legal Protection of Breeding Achievements — Alesya Gorelko

Theoretical Issues

The European Union and the Third Countries: Methodology of Legal Approximation — Maksim Karliuk

International Relations

The Arab Spring: Democratic Transformation or Geopolitical Repartition of the Region? — Leonid Gaidukevich

Conceptual Basis of the U. S. Security Policy in Latin America (2001—2008) — Roman Sinyavsky, Alexander Chelyadinsky

Modernization of the Armed Forces in the Context of Realization of a Long-term Strategy of the Development of China — Vitaly Voronovich

Imperial Governance Structures and Ethnic and Religious Communities in the Ottoman Sultanate — Sergey Olyunin

Belarusian-Swedish Socio-cultural Relations (2008—2010) — Elizaveta Navoschik

”The Responsibility to Protect” Concept in the U. S. Foreign Policy — Olga Butevich

The Influence of Iran’s Nuclear Programme on the Foreign Policy of the State (1956—2011) — Yury Kovalenya

British Policy Concerning Immigration from Eastern Africa in the Late 1960s—Early 1970s — Andrey Zubarev

A Foreign Expert's View

Energy Security for Belarus: a New Approach — Steven Hoffman

Documents and Materials

The Development of the National Asylum System in the Republic of Belarus — Sergey Kasinsky (only Russian)

International Economic Relations

International Logistics and Transportation Market and Prospects for Logistics in Belarus — Ludmila Klimovich, Ekaterina Sheka

State Policy of Labour Migration Regulation: Foreign Experience and Possibilities of its Use in the Republic of Belarus — Irina Vashko



«Anti-Counterfeiting Agreement (ACTA): Political and Legal Aspects» (Elena Leanovich)

The article is devoted to the analysis of the new international agreement on intellectual property issues (ACTA), concluded by a number of countries outside the established system of international cooperation in this field. The author reveals the motivation of the developed countries of the world to take ACTA beyond the WIPO and the WTO, and examines the negative aspects of this phenomenon. The article describes the legal mechanisms that significantly distinguish ACTA from other agreements on intellectual property issues. Taking as an example rules on customs control measures protecting intellectual property rights, the author shows how ACTA complements and develops TRIPS and EU legal acts.

«The Concept of International Private Law Principles» (Nicolai Oksyutchik)

The article explores the principles of international private law which are some of the major theoretical issues of international private law science at present. Noting insufficient theoretical elaboration of this question, the author shows the reasons for this situation and offers a new comprehensive approach to the issue. The author’s definition of the principle of international private law as a legal category given in the article serves as the beginning of realization of the specified approach.

«Some Aspects of International Legal Protection of Breeding Achievements» (Alesya Gorelko)

Nowadays, global economic efficiency of agriculture is determined to a large extent by the state of breeding and selection activity and the use of its results — new plant varieties and new breeds of animals. At present a set of international legal agreements governing the legal protection of new plant varieties as a result of breeding activity has been developed. At the international level there is no common approach to the legal protection of new breeds of animals. It should be underlined that, due to the accelerating pace of information dissemination and the introduction of innovative farming technologies (including biotechnology), biosafety is becoming an important aspect in the regulation of breeding activities at the international level. In particular, attention is focused on the fact that the main international requirement, which is associated with the use of genetic engineering approaches to the creation and implementation of breeding achievements into agricultural production is ensuring biosafety, taking into account the potential harm to the environment and human health.

The author carries out legal analysis of the international acts that regulate relations in the field of plant breeding activities and formulates directions for their improvement.

«The European Union and the Third Countries: Methodology of Legal Approximation» (Maksim Karliuk)

This article is an attempt to contribute to the establishment of a universal theoretical methodology of legal approximation of the third countries which aspire to become the EU member states or which approximate their national legislation to that of the EU for other reasons. The author gives a definition of legal approximation, identifies its main characteristics and proposes a typology of means, methods and techniques. It is argued that the process of law-making in the framework of legal approximation has a number of common principles and that the indispensable part of the process is the requirement that an approximation measure ought to be compatible both with the EU law and with the national legal system. Features peculiar to the EU regulations and directives are analysed and the necessity of the case-law is explained.

«The Arab Spring: Democratic Transformation or Geopolitical Repartition of the Region?» (Leonid Gaidukevich)

The article attempts to analyze the complex geopolitical developments in the Middle East in the active phase of the Arab Spring, 2011. The author researched not only the social-economic and political factors of the protests that took place in North Africa, but also analyzed the target priorities of the major geopolitical leaders in this region — the USA, Saudi Arabia, Iran, Russia, China.

Especially interesting is the author’s conclusion which refers to the fact that the USA and their allies try not only to provide the control of the main reserve of fuel resources with the aim of future economic development, but also «to narrow» the field of geopolitical maneuvering for the operations of their major geopolitical rivals there — China, Russia, Iran and India.

Thus, the author concludes that the region is being in fact taken over by the atlanticists after the victorious end of the confrontation with the “Heartland” in the European region in the 1990s.

«Conceptual Basis of the U. S. Security Policy in Latin America (2001—2008)» (Roman Sinyavsky, Alexander Chelyadinsky)

The article analyzes the main conceptual approaches of George W. Bush administration to the U. S. military policy in Latin America. The authors emphasize the innovation and continuity of the main provisions of national security strategies of 2002 and 2006, the military doctrines aimed at the subjugation of the continent to the Pentagon’s strategic plans. These plans threatened the sovereignty of Latin American countries, especially of those that offered alternative ways of development that met with the resistance of the USA.

«Modernization of the Armed Forces in the Context of Realization of a Long-term Strategy of the Development of China» (Vitaly Voronovich)

The article presents an analysis of theoretical and methodological foundation and practical implementation of projects on modernization of the Armed Forces of China as an essential part of a long-term development strategy. There is also a brief description of this process. The author notes that today and in the near future China considers local conflicts and limited wars along the borders of China to be the most likely forms of conflicts. It is this situation hat requires greater efforts to improve the system of operational and combat training of the armed forces with specific reference to diversification of forms, methods of warfare of a new generation, reforming the management structure, as well as the rapid formation of maneuver able to combat units that can quickly and effectively deal with the tasks on eliminating serious internal strife and external threats to territorial integrity.

«Imperial Governance Structures and Ethnic and Religious Communities in the Ottoman Sultanate» (Sergey Olyunin)

The article examines the history of religious communities in the Ottoman state and the main features of imperial governance structures. The purpose of the publication is to identify possible ways of studying the history of religions and religious communities in the Ottoman multicultural space. The author analyzes the historiography of the issue and classifies the sources. The features of the Ottoman traditional society are considered and a comprehensive picture of the ethnic and religious landscape of the imperial space is presented.

«Belarusian-Swedish Socio-cultural Relations (2008—2010)» (Elizaveta Navoschik)

The purpose of the article is to study the Belarusian-Swedish socio-cultural relations in 2008—2010 and their peculiarities. This time interval is one of the most dynamic in the two decades’ history of the Belarusian-Swedish bilateral relations. Despite the mutual interest and a potential for the development of political and economic relations, the most visible changes were recorded mostly in the socio-cultural sphere. On this basis the following issues acquire relevance: on the one hand — the usage of humanitarian component as a platform for development in other spheres, on the other hand — retaining the relations in general when a political dialogue is temporarily impeded.

«”The Responsibility to Protect” Concept in the U. S. Foreign Policy» (Olga Butevich)

Today’s one of the most topical questions discussed by the global community is the problem of correlation between state sovereignty and moral responsibility to protect population from genocide, ethnical cleansing, mass atrocities and consequences of humanitarian disasters. This article deals with “the responsibility to protect” concept as today’s most acceptable solution of this dilemma, approved by the UN, and its adoption in the U.S. foreign policy. One of the most powerful states in the world, the USA has not only global interests but also a whole range of methods of their pursuit, including the military ones, which makes the position of its leaders towards this concept interesting and important. Special attention is focused on the analysis of the operation “Odyssey. Dawn” as the first case in history of “the responsibility to protect” implementation.

«The Influence of Iran’s Nuclear Programme on the Foreign Policy of the State (1956—2011)» (Yury Kovalenya)

The article is devoted to studying and assessing the degree of influence of Iran’s nuclear programme on its foreign policy in the context of cooperation and confrontation with the leading actors of international relations. The history of nuclear programmes in various stages of the state’s development is analyzed and two completely different periods (before and after the Islamic revolution in 1979) are pointed out. The positions of the states, concerned about Iran’s aim to gain access to nuclear technology, have been considered, as well as their evolution and influence both on the Islamic Republic itself and the situation in the region. The author outlines the factors that have a fundamental impact on Iran’s foreign policy guidelines and also considers different variants of changes within the context of interaction in the global world.

«British Policy Concerning Immigration from Eastern Africa in the Late 1960s—Early 1970s» (Andrey Zubarev)

In this article the author examines the experience of Great Britain in regulating the immigration of former colonial citizens and the factors that determined British immigration policy in the late 1960s — early 1970s. During this period, the United Kingdom was the destination for tens of thousands of forced migrants of Indian origin from East Africa, which caused serious public concern about the extent of «coloured» immigration into the country. In response, the British Parliament in February 1968 adopted a law on the immigrants from the Commonwealth, that was intended to limit the immigration of East African Asians and to eliminate free immigration to Britain for 2 million British citizens with dual citizenship who lived in independent states of Asia and Africa. However, the pressure from the government of the Commonwealth and Europe forced the British government to acknowledge its responsibility for the reception of East African Asians, thus undermining the impact of the law on the immigrants from the Commonwealth in 1968 on the current immigration policy.

«Energy Security for Belarus: a New Approach» (Steven Hoffman)

Belarus faces a difficult energy future. Absent a significant stock of natural energy capital, the country must think creatively about how to go forward and to use the energies of its people to realize a sensible and sustainable energy future. Efforts to diversify the supply stream and to introduce technical efficiencies into the Belarusian economy are, no doubt, necessary steps in bringing about a more secure Belarusian energy system. They are, however, not sufficient.

Rather than limiting their perspective to the traditional concerns of energy security, Belarusian authorities would be well-advised to adopt a non-traditional approach to the issue. Such an approach would focus equal or more attention on effective demand-side strategies that treat consumers as active rather than passive participants in the energy market.

«International Logistics and Transportation Market and Prospects for Logistics in Belarus» (Ludmila Klimovich, Ekaterina Sheka)

The article analyzes the world transportation and logistics market to outline a number of characteristic trends in its development. These are: 1) logistics companies business globalization through mergers and takeovers in this sphere (for example, the case of internationalization and diversification of the DHL services, the company which is the world leader in logistics); 2) increasing role of IT technologies in companies’ activities; 3) development of international logistics centres; 4) a wide use of outsourcing in providing logistics services (contract logistics); 5) the increasing role of marketing strategies (in particular, client oriented marketing) in international logistics companies competition.

The identification of global trends allows to determine the main conditions for forming transportation and logistics services market in the Republic of Belarus, which should include the following: establishing a single transportation and logistics services system, embracing both state and private agencies; state support for attracting foreign investments, including construction of logistics centers abroad; forming a positive image of national logistics services suppliers on the international market and developing a system for efficient training of skilled specialists in logistics.

«State Policy of Labour Migration Regulation: Foreign Experience and Possibilities of its Use in the Republic of Belarus» (Irina Vashko)

The article deals with theoretical and practical approaches to state regulation policy of labour migration. It identifies key aspects of migration policy in the Republic of Belarus and summarizes modern European experience of migration processes regulation and comprehensive migration policy development. The article substantiates some proposals on definition of strategic priorities for labour migration regulation policy in the Republic of Belarus.

This publication was prepared in the framework of EU — UNHCR project “Regional Protection Programme (Phase II)”


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