Journal of International Law and International Relations 2014 — N 1
Summaries
International Law
Theoretical Issues
On the Criteria of the Legal Character of Unilateral Acts of States — Elena Konnova
International Relations
Foreign Policy of Spain during the Second World War (1939—1945) — Elvira Nagieva, Alexandr Chelyadinsky
The Main Directions in the Research of the Foreign Policy of Belarus in Germany in the 1990s — Andrei Rusakovich
Formation and Development of Diplomatic Service in Belarus — Olga Lazorkina
The Factor of China’s Rise in Australia’s Policy in the Asia-Pacific Region — Stanislav Bieliei
Lend-lease in the Context of the Foreign Policy of Chile during the Second World War — Anna Dergacheva
The Activities of Customs and Border Authorities in Combating Illegal Migration on the Border between Belarus and the European Union — Dzmitry Kavalionak, Kanstantsin Nashchynets
Documents and Materials
Report of the United Nations High Commissioner for Refugees (only Russian) Part I — Part II
International Economic Relations
Institutional Mechanisms of Integration in the Commonwealth of Independent States — Nikolay Shumsky
The Economic Regulation Mechanism of Bilateral Cooperation of Belarus and Azerbaijan — Farman Yusubov
Re-exports: Concept and Modern Approaches to the Definition — Nadzeya Radouskaya
FULL ISSUE
English Summaries
«On the Criteria of the Legal Character of Unilateral Acts of States» (Elena Konnova)
Taking into account the main features of unilateral acts of states and on the basis of the analysis of state practice, international judicial practice and the acts of international organizations, the article identifies some criteria for qualification of particular unilateral statements as unilateral acts of States which have legal nature and impose international commitments on their authors. The conclusion is made that an act can be qualified as a unilateral act of a State, causing international legal consequences, if its subject is of legal nature, if it contains clear and unambiguous language, if it is possible to establish the time terms of commitments implementation, if the act is not a mere confirmation of the currently acceptable state of affairs. The given criteria confirm the intent of the state author of the act to undertake legal commitments. In addition, one of the criteria of the legal nature of an act is the possibility of the international legal responsibility for the breach of an obligation, comprised in the act.
«Foreign Policy of Spain during the Second World War (1939—1945)» (Elvira Nagieva, Alexandr Chelyadinsky)
The article deals with historiography of the foreign policy of Spain during the Second World War. The main stages of F. Franco dictator regime’s behavior with regard to the country's participation in the war, several aspects of the Blue Division formation as well as the Caudillo’s maneuvering in the final stage of the War are considered in the article.
«The Main Directions in the Research of the Foreign Policy of Belarus in Germany in the 1990s» (Andrei Rusakovich)
The article undertakes the analysis of directions in the study of foreign policy of Belarus in Germany in the 1990s, their main stages and peculiarities. An attempt is made to investigate the evolution of views of German scholars and to examine the peculiarities of their methodological approaches. The author notes that the German scholars’ interest in Belarus emerged between the 1980s and 1990s, in the period of economic and political transformations in the USSR. The study of Belarus’ foreign policy in the 1990s was conducted mainly by scholars in the sphere of political science («Рolitikwissenschaft») within the framework of the Eastern Europe research («Osteuropaforschung»). According to the author, by the end of the 1990s a system of the Belarusian foreign policy research was formed in the framework of the Belarusian study in Germany. It is noted in the article that the main directions emphasized in the research were the following: the Republic’s status after the dissolution of the Soviet Union in the context of regional and international security; possible integration of Belarus into the European system of economic and political relations; formation of union relations between Belarus and Russia; questions related to the NATO and EU expansion and prospects of cooperation of both organizations with Belarus; foreign policy aspects of the 1996 constitutional referendum and the development of relations between Belarus and the EU, OSCE and the Council of Europe. The author also demonstrates that the level of research of the Belarusian foreign policy achieved in the 1990s in German political science allows to conclude that the German school was regarded as one of the leading schools in the sphere on Belarusian foreign policy study abroad.
«Formation and Development of Diplomatic Service in Belarus» (Olga Lazorkina)
The article studies the stages of formation and development of diplomatic service in Belarus, examines the factors that influence its development, analyzes the problems and prospects of the current stage. The author notes that diplomatic service in Belarus has been developing in accordance with the common European processes. The organizational forms of the diplomatic service of the Grand Duchy of Lithuania and Rzeczpospolita reflected the peculiarities of national culture and diplomacy. In the 20th century Belarus laid a solid foundation for international cooperation. Despite the fact that the foreign service of the BSSR had no real authority, it served as a basis for the creation of the Ministry of Foreign Affairs of the independent Republic of Belarus. At present, the country has established the legal framework of the diplomatic service, a branched structure of foreign service, all the conditions for the training of diplomatic staff. However, as the author notes, there are a number of unresolved problems.
«The Factor of China’s Rise in Australia’s Policy in the Asia-Pacific Region» (Stanislav Bieliei)
The paper covers the major factors and characteristics of Australia’s foreign policy towards China as a rising global power. It provides an analysis of the behavior and foreign policy priorities of Australia with a special regard to the Asia-Pacific region’s peculiarities. Meticulous scrutiny of the position adhered to by a number of governments as well as core strategic documents revealed the nature of relations between Australia and China and specified further actions and prospects of Australia as a medium-power state. It is noted that regardless of China’s rising power in the region and obvious economic benefits, Australia continues to maintain its traditional relations with the United States in the field of security and human rights protection.
«Lend-lease in the Context of the Foreign Policy of Chile during the Second World War» (Anna Dergacheva)
The article treats the problem of lend-lease in the context of the foreign policy of Chile during the Second World War. The key moments of Chile’s foreign policy are considered. Special attention is given to the analysis of statistical information about the military deliveries and the place of Chile in the USA policy.
«The Activities of Customs and Border Authorities in Combating Illegal Migration on the Border between Belarus and the European Union» (Dzmitry Kavalionak, Kanstantsin Nashchynets)
This article is dedicated to the activities of customs and border authorities in the combating illegal immigration on the border of the Republic of Belarus and the EU. It presents the analysis and evaluation of the efficiency of supervisory authorities of the Republic of Belarus with detailed study of the reasons and problems of illegal crossing of the Belarusian part of the customs border in the direction of the EU, and also the search of optimal solutions. The article demonstrates the influence of high-quality border services of Belarus in combating illegal migration on the establishment of good neighborly relations with the EU, the possibility of obtaining additional financial support for the development of customs infrastructure. Another aim is to draw attention on the fact that illegal immigration should be considered as one of the major obstacles to the signing of an agreement with the EU on visa-free regime and a local border movement, as well as to the fact that the fight of the controlling bodies of Belarus against illegal immigration is one of the ways to show the EU and the world community the importance of the role and capacities of the customs and border control authorities of the Republic of Belarus.
«Institutional Mechanisms of Integration in the Commonwealth of Independent States» (Nikolay Shumsky)
The article reveals the essence of the theoretical and methodological research bases of institutional mechanisms for the integration of regional associations. It clarifies certain concepts and definitions necessary for this study, analyzes the characteristics of the legal framework, the systems of intergovernmental agencies and their competencies, decision-making mechanisms, control over their execution in the Commonwealth of Independent States. The prospects are discussed and the guidelines and practical recommendations for improving institutional mechanisms of integration in the CIS are grounded in the paper.
«The Economic Regulation Mechanism of Bilateral Cooperation of Belarus and Azerbaijan» (Farman Yusubov)
The article discusses conceptual approaches to the mechanism of regulation of bilateral interstate economic cooperation of Belarus and Azerbaijan.
«Re-exports: Concept and Modern Approaches to the Definition» (Nadzeya Radouskaya)
In the article the re-exports concept is based on the comparative analysis of various approaches: international trade statistics, balance of payment methodology, and customs legislation. The paper assesses the applicability of the existing approaches to the actual re-exports facts in the global economy, such as re-exports of services and capital re-exports. The author determines the key problems in re-exports recording and develops recommendations on the re-exports recognition improvement.