Journal of International Law an International Relations 

Journal of International Law and International Relations 2014 — N 2

Summaries  


International Law

International Private Law

Public Policy Clause as a Ground for the Refusal of Foreign Law Application within Unfair Competition Cases Consideration by the Courts of the Republic of Belarus — Natallia Maskayeva

International Relations

Iosif Goshkevich as a Symbol of the Belarusian-Japanese Cooperation (on the Occasion of the 200th Anniversary of the Famous Diplomat and Researcher Orientalist) — Victor Shadurski (only Russian)

The Foreign Policy of Belarus Research in Germany in the 2000s: the Main Directions — Andrei Rusakovich

Immigration Issue in the Political Life of France at the End of the 20th and at the Beginning of the 21st Century — Konstantin Snisarenko

The Influence of Energy Issues on International Relations in the Beginning of the 21st Сentury — Alexander Chizh

Polish-Lithuanian Economic Relations (2004—2013) — Danil Pinkevich

«Training of Foreign Military Personnel at the Higher Military Education Establishments of the USSR and in the Republic of Belarus — Alexander Glamazda, Vyachaslav Shumilov

Foreign Experience

The Evolution of the Russian Federation’s Policy in the Post-soviet Space in the First Half of the 2000s — Marut Vardazaryan

Documents and Materials 

The General Inspectorate on Immigration of the Ministry of Interior of Romania’s Experience in the Sphere of Migration Process Regulation — Aleksey Begun, Aleksander Tatura (only Russian)

World Refugee Day 2014 in Belarus — Andrey Selivanov, Liubov Kravets (only Russian)

International Economic Relations

Demographic Policy: Methods and Instruments, Application Experience and the Analysis of Effectiveness — Vladimir Zaharets, Irina Zaharets

Modern Trends in the Euro Area: the European Debt Crisis of 2013 and its Implications for the World Economy — Olga Malashenkova, Anastasiya Markvarde

Development Trends of the World Pharmaceutical Market — Valentina Shchatko

The Implementation of the Creative Concept of Foreign Economic Policy to Meet the Requirements of the Global Economic Environment in the 21st Century — Oh Dok Hee


FULL ISSUE 


English Summaries 


«Public Policy Clause as a Ground for the Refusal of Foreign Law Application within Unfair Competition Cases Consideration by the Courts of the Republic of Belarus» (Natallia Maskayeva)

The article aims to identify the possibility of non-application of foreign law by the courts of the Republic of Belarus in unfair competition cases on the basis of the public policy clause. It analyses such specific legal institution of Anglo-Saxon law as punitive damages which are awarded by the courts, in particular, upon determining the existence of unfair competition. As a result, the author comes to the conclusion that the courts of the Republic of Belarus, examining unfair competition cases, may on the basis of the public policy clause refuse to apply foreign law if its application necessitates recovering of the above-mentioned damages.


«The Foreign Policy of Belarus Research in Germany in the 2000s: the Main Directions» (Andrei Rusakovich)

The article undertakes the analysis of the main directions in the study of the foreign policy of Belarus in Germany in the 2000s, their main stages and peculiarities. The author notes that scientific studies of the foreign policy of Belarus, based on methodological approaches and organizational structures formed in the 1990s, were continued in Germany in the 2000s. According to the author, the main distinctive feature of the German studies development in that period was the appearance of generalizing works on the issues of relations between Belarus and Russia, the European Union, and Germany. It is noted in the article that the main directions emphasized in the research were the following: the Belarusian authorities foreign policy approaches towards further integration with Russia; cooperation between the national authorities and international organizations; expansion of the European Union and NATO in 2004 and the necessity of developing a new EU policy towards Belarus; the policy of rapprochement between Belarus and the EU undertaken in 2008—2010; the next stage of complication of political relations between Belarus and the European Union after the 2010 presidential elections; Belarus’ participation in the new integration structures — the Customs Union/Common Economic Space; problems of energy resources transit across Belarus. The author demonstrates that the recognition of the Republic of Belarus as an important subject of the European relations which has its own national interests was a significant aspect of academic studies in Germany in the 2000s.


«Immigration Issue in the Political Life of France at the End of the 20th and at the Beginning of the 21st Century» (Konstantin Snisarenko)

The author uses the example of France to determine the content of immigration issue and to identify its influence on the political life of the state at the end of the 20th and at the beginning of the 21st century. He comes to the following conclusions: the immigration question appeared due to the immigration process changes in France in the postwar atmosphere. It is connected with the great deceleration of the immigrants’ adaptation to the French social environment and with the peculiarities of French citizens’ perception of them. The influence of the immigration issue on the political life of France manifests itself in the popularity growth of the far right movements, such as the National Front, which come out with anti-immigrant slogans. The National Front popularity growth made the leading parties add the immigrant issue to the political agenda. French legislation adaptation to the standards of the European law permitted to elaborate optimal conditions to control immigration and to decrease the urgency of the immigration question. Nevertheless the problem of co-existence of the French and the immigrants from African and Asian states remains urgent.


«The Influence of Energy Issues on International Relations in the Beginning of the 21st Сentury» (Alexander Chizh)

The article discusses the role of energy factor in modern international relations. Based on the analysis of various works of foreign academics, the author identifies the key actors in the international arena that influence energy security of the states around the world, as well as makes the forecast on the possible changes within the global energy sector due to the use of unconventional fossil fuels. Specific examples, provided by the author, demonstrate the role of the distribution and possession of energy resources in political relations between countries.


«Polish-Lithuanian Economic Relations (2004—2013)» (Danil Pinkevich)

The paper describes the Polish-Lithuanian economic relations in 2004—2013. The article focuses on bilateral trade in goods and services as well as on dynamics and structure of bilateral trade. The paper also describes mutual investment priorities of the Polish and Lithuanian businesses and highlights the role of energy projects in the economic relations between Poland and Lithuania. The author attempts to define the influence of the political factor on each of the following areas: bilateral trade, mutual investment, and common energy projects between Poland and Lithuania during the specified decade.


«Training of Foreign Military Personnel at the Higher Military Education Establishments of the USSR and in the Republic of Belarus» (Alexander Glamazda, Vyachaslav Shumilov)

The main historical periods of the foreign military personnel training at the Higher Military Education Establishments of the USSR (till 1991) and in the Republic of Belarus (after 1992) are examined in the article. The planned regularity, purposefulness and dynamic of this work is shown. The article stresses the necessity of foreign military personnel training in order to raise the authority and image of Belarusian military school and of the Republic of Belarus in the international scene.


«The Evolution of the Russian Federation’s Policy in the Post-soviet Space in the First Half of the 2000s» (Marut Vardazaryan)

The article considers characteristics of the development of relations between Russia and the CIS countries in the period of presidency of V. Putin. The article illustrates the problems and difficulties existing in this sphere. The international situation also contributed to the expansion of Moscow’s influence in the CIS territory, since after the terrorist attack of September, 11 there was a thaw in Russian-American relations. The 2000 decree of V. Putin introduced changes and amendments in the Concept of National Security of the Russian Federation. The Military Doctrine and the Concept of Foreign Policy of the Russian Federation were endorsed in the same year. In this period one of the priorities of Russia’s foreign policy was to assure conformity of multilateral and bilateral cooperation among the member-states of the CIS with the objectives of the country’s national security. The economic factor was also highlighted and there was a transition to «electoral involvement». The article describes the dynamics and features of Russian-Armenian relations in the beginning of the 2000s. The deepening of strategic cooperation with Moscow first of all ensures military and energy security of Armenia, though the economic factor should not be underestimated either.


«Demographic Policy: Methods and Instruments, Application Experience and the Analysis of Effectiveness» (Vladimir Zaharets, Irina Zaharets)

The article is devoted to the analysis of the effectiveness of various measures applied in the demographic policy in Belarus and other countries all over the world.

A number of proposals aimed at improving the demographic policy of the Republic of Belarus are formulated on the basis of the analysis undertaken by the authors. Implementation of these proposals is possible while developing the new National Programme of Demographic Security for 2016—2020.


«Modern Trends in the Euro Area: the European Debt Crisis of 2013 and its Implications for the World Economy» (Olga Malashenkova, Anastasiya Markvarde)

The debt crisis in the eurozone has had a serious impact on both the European and the international economy as a whole. The crisis has exposed many of the contradictions in the system of regulation of the Economic and Monetary Union in Europe. The authors analyze the processes occurring within the Economic and Monetary Union in Europe: they determine the mechanism and causes of the crisis, assess the main economic indicators of the EMU in 2013 and consider the effects of the European debt crisis on the global economy. In addition, the article touches on the impact of the euro zone economies of developing countries in Central, Eastern and Southeastern Europe.


«Development Trends of the World Pharmaceutical Market» (Valentina Shchatko)

The article defines the basic development trends of the world pharmaceutical market, such as: the growth rates slowdown, the developed countries’ share reduction in manufacture and consumption of pharmaceutical products, increase of research time for medical products and their research intensity, etc. The current state of the Belarus pharmaceutical market and measures of its development with regard to the described tendencies are characterised.


«The Implementation of the Creative Concept of Foreign Economic Policy to Meet the Requirements of the Global Economic Environment in the 21st Century» (Oh Dok Hee)

For the last 40 years the strategy of imitation and replication of the strategies, used by the developed countries in the traditional industries, was the main force of South Korean economic growth. However, this foreign economic policy exhausted its potential after the global economic crisis. High added value sections of the world economy began to shift away from labor and capital (industrial economy), knowledge and information (knowledge-driven economy) to the sphere of innovative technologies and creative ideas (creative economy). In response to the changes of global economy South Korean government developed a new foreign economic strategy as a basis for future development of creative economy, based on the use of scientific research and development and deeper integration of the Korean economy into the world one.

This implies the following:

Firstly, introducing a new concept of creative economy: a) creating favorable economic environment for setting up of a business and indemnification of creative economic activity; b) implementing venture business support policy with the aim of entering the international market; c) supporting innovative technologies research and development; e) attracting international experts and foreign highly-skilled workers; d) strengthening international cooperation through scientific research and development and information and communication technologies;

secondly, small and medium enterprise support policy aimed at balanced development of the national economy (focusing on venture business): a) special aspects of the South Korean venture business; b) the main role of venture business in South Korean economy;

thirdly, the conclusion of free trade agreements and promotion of global foreign economic policy (in order to unite with the globalizing world economy): a) causes of the increasing need for free trade agreements; b) the positive effects of free trade agreements on the economy of the Republic of Korea; c) the negative effects of free trade agreements.


  unhcr_en

This publication was prepared in the framework of the project with UNHCR


Journal of International Law an International Relations 

Journal of International Law and International Relations 2014 — N 3

Summaries  


International Law

Theoretical Issues

International Law Implementation: Concept, Forms, Peculiarities — Alla Zybaylo

Refugee Law

The Role of the European Court on Human Rights and the Committee against Torture in Creation of Legal Safeguards Ensuring Respect for the Principle of Non-refoulement — Natalia Karkanitsa

Human Rights

International Legal Basis for Protection of Adoption — Ludmila Sherayzina

International Private Law

Relevant Problems of Substantive Legal Regulation in the Sphere of Protection of Inventions — Elena Leanovich, Maksim Zhukov

The Specificity of Application of the Reservation on Public Order in the Process of Foreign Arbitration Decisions Enforcement — Elena Babkina, Artyom Semchik

Unification and Harmonisation of Prudential Standards in the Banking Law of the European Union — Nadezhda Gazdyuk

International Relations

The Role of the Legal Framework Improvement in the Development of the Shanghai Cooperation Organisation — Vitaly Voronovich

The European Union Policy in the Field of Arms Deliveries to China in the 2000s — Olesya Rubo

Evolution of the European Union Policy with Regard to Regional Conflicts: the Main Stages and Trends — Ihar Aulasenka

Modern Russian Historiography on Nuclear Non-proliferation in South Asia — Evgeniy Borovka

Documents and Materials 

Christian Mission to Beijing in the fate of Iosif Goshkevich — Natalia Obukhova (only Russian)

Iosif Goshkevich’s Activities in Hakodate — Masako Tatsumi (only Russian)

International Economic Relations

Analysis of the Current State and Trends in the Development of the Market of Leasing Services in the Republic of Belarus — Olga Mozgovaya, Kristina Sivokha


FULL ISSUE 


English Summaries 


«International Law Implementation: Concept, Forms, Peculiarities» (Alla Zybaylo)

The article considers the forms of international law implementation such as their observance, execution, use and application. It is noted that despite the presence of certain similarity with the forms of the domestic law implementation, their content has its own peculiarities determined by the specific character of international legal regulation. Such implementation forms as execution and, particularly, application, need some additional measures, legal and organizational legal, on the part of states for comprehensive and full compliance with international obligations, which together should be understood to make up a mechanism for implementation of international law norms. The process of the international obligations implementation on the domestic level needs to be considered as a bilateral unity of lawmaking and organisational executive activities of the state which includes legal support.


«The Role of the European Court on Human Rights and the Committee against Torture in Creation of Legal Safeguards Ensuring Respect for the Principle of Non-refoulement» (Natalia Karkanitsa)

The article undertakes the analysis of the practice of the European Court on Human Rights and the Committee against Torture in the cases regarding violation of the non-refoulement principle. The author provides a legal assessment and compares the efficiency of both international bodies in terms of ensuring protection for the applicants against refoulement to the states, where they risk becoming victims of torture.


«International Legal Basis for Protection of Adoption» (Ludmila Sherayzina)

The acting norms of protection of adoption are analysed in the article; comparative analysis of the corresponding international norms and norms of domestic legislation of the Republic of Belarus is given. The author focuses on illegal mediation in the adoption process. While comparing the concepts of «illegal mediation in adoption» and «illegal actions in adoption» the author makes the conclusion on the incomplete implementation into the national legislation of the Republic of Belarus of the norm of international law on criminal liability for unlawful inducement as an intermediary to the consent to adopt a child in violation of acting international legal instruments on adoption. The author proposes to make adjustments and amendments to the Code of Administrative Offences and the Criminal Code of the Republic of Belarus.


«Relevant Problems of Substantive Legal Regulation in the Sphere of Protection of Inventions» (Elena Leanovich, Maksim Zhukov)

The article is devoted to the analysis of the tendencies in evolution of the legal regulation related to protection of inventions on the national and international level. Comprehensive comparative analysis of the practice of national and regional patent offices and innovations in the development of international standards of protection of inventions is given. The conclusion includes recommendations related to further development of protection of inventions in the Republic of Belarus.


«The Specificity of Application of the Reservation on Public Order in the Process of Foreign Arbitration Decisions Enforcement» (Elena Babkina, Artyom Semchik)

Theoretical grounds and practice of application of such ambiguous ground for refusal to enforce decisions of international arbitration courts as the reservation on public order are analysed in the article. The problem of the refusal to enforce the arbitration decision made by the reduced makeup of the arbitration based on the public order motives is currently one of the most significant issues.

 


«Unification and Harmonisation of Prudential Standards in the Banking Law of the European Union» (Nadezhda Gazdyuk)

The article deals with the basic prudential standards for credit institutions in the EU, in particular, the capital requirements, requirements for large exposures and qualified participation in the companies outside the financial sector. The author analyses the recent developments in the regulation of these issues in relation to the adoption of the Directive N 2013/36/EU and Regulation (EU) N 575/2013, known informally as the «CRD IV and CRR mechanism» (Capital Requirements Directive and Regulation). The research concludes that the unification and harmonization of prudential requirements for credit institutions is a prerequisite for mutual recognition of licenses by Member States, without which the construction of the internal market for banking services is impossible.

 


«The Role of the Legal Framework Improvement in the Development of the Shanghai Cooperation Organisation» (Vitaly Voronovich)

The author briefly characterises institutional and substantial evolution of the Shanghai Cooperation Organisation, notes its crucial meaning for security maintenance in the corresponding region. Simultaneously, the focus is made on the improvement of the legal framework of diversification of the Organisation’s activities. The article identifies alongside positive experience and successes of the abovementioned institution, the obstacles and difficulties for further development of cooperation including the latent contradictions between China and Russia, an insufficient use of constantly expanding nomenclature of the forms of cooperation between the powers providing military security of the SCO member states.

 


«The European Union Policy in the Field of Arms Deliveries to China in the 2000s» (Olesya Rubo)

This article examines one of the major problems, which creates obstacles to the EU—China relations development: the EU policy in the field of arms deliveries to China. The article defines the cause of the arms embargo on China and the common criteria for the arms export control in the EU. Due to the development of an overall strategic partnership between Brussels and Beijing in the 2000s some Chinese and European officials have raised the issue of the consistency of sanctions against China and their effectiveness. The author considers the EU’s and China’s attitudes towards the arms embargo and makes conclusion that so far within the European Union neither its institutions nor its Member States are able to reach an agreement on the problem of lifting the arms embargo in connection with the internal controversies and the US criticism of the EU’s efforts. Besides, the EU’s arms embargo is rather a symbolic act of protest which cannot stop the development of Chinese military industrial complex.

 


«Evolution of the European Union Policy with Regard to Regional Conflicts: the Main Stages and Trends» (Ihar Aulasenka)

The article highlights the main stages in the evolution of the EU policy with regard to regional conflicts and the main trends in this process. It is shown that the EU policy regarding regional conflicts was considered by the European Union as a way of strengthening its positions in the world and its evolution was directly related to the internal evolution of the European Union. At the same time, this process was restrained by internal contradictions among the EU member states, disagreements in the application of military force as well as by the opposition from Washington.
Three stages were identified within the evolution of the EU policy regarding regional conflicts. In the first stage (1991—1999) the EU sought to develop its own policy regarding the conflicts on the territory of the former Yugoslavia, but it didn’t reach its goals due to internal disagreements and because of the opposition from the United States. In the second phase (1999—2009) the European Union based on the decisions of the Cologne and Helsinki summits of 1999 developed a mechanism of military and civilian missions in the zones of regional conflicts and implemented the first of them. This allowed to strengthen the EU positions in different parts of the world. In the third stage (since 2009) after the Lisbon Treaty entered into force the EU policy became more active. An increase of atlanticist orientation within the EU resulted in the decrease of tensions in the transatlantic relations. However, consensual decision-making continued to restrict the policy instruments of Brussels with regard to regional conflicts.

 


«Modern Russian Historiography on Nuclear Non-proliferation in South Asia» (Evgeniy Borovka)

The article discusses the distinctive features of modern Russian historiography devoted to the issue of nuclear non-proliferation in South Asia. Positions of Russian researchers on the key aspects of the history of nuclear confrontation between India and Pakistan are analyzed in this article. It is concluded that the approach of Russian historians to the issue of nuclear disarmament in South Asia at the end of the 20th and the beginning of the 21st centuries has undergone significant changes. They have been determined by the internal and foreign policy pursued by the Russian Federation, the existence of different points of view on the current problem, and therefore characterized by a gradual departure from the political and ideological bias.


«Analysis of the Current State and Trends in the Development of the Market of Leasing Services in the Republic of Belarus» (Olga Mozgovaya, Kristina Sivokha)

This article is devoted to the assessment of the current state and trends in the development of the market of leasing services in the Republic of Belarus.
Leasing is a type of entrepreneurial activity aimed at finding and attracting free funds, investing them into the elements of fixed assets and the subsequent transferring of these assets for temporary use on a reimbursable basis. In a competitive environment the Republic of Belarus should ensure the production of goods with high quality characteristics, wider assortment and new consumer properties. The country's economy needs the capital for investment into all sectors of the economy. One of the most efficient ways to attract the necessary investment capital is leasing, both domestic and international.


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