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Journal of International Law an International Relations
 

Journal of International Law and International Relations 2011 — N 2

Summaries 


International Law

International Organisations

Towards the Issue of the International Intergovernmental Organisations’ Observership Legal Sources — Katsiaryna Rudzko

International Space Law

Feasibility of the Creation of the World Space Organization — Iliya Adamov

International Private Law

Legal Regulation of an Agency Contract under Competition Law of the European Union — Yuliya Stsiapanchykava

Documents and Materials — Statelessness Issues

The International Legal Framework Concerning Statelessness and Access for Stateless Persons - Carol Batchelor (only Russian)

The Concept of Stateless Persons under International Law: Summary Conclutions of Expert Meeting (only Russian)

International Relations

Role of Mass-media in Integration of Muslims in Great Britain (2001 — beginning of 2011) — Anton Ihnatovich

The PRC’s Role in the Formation and Development of the SCO: Political and Economic Dimension — Maryia Danilovich 

Iraq’s Relations with the European Union after 2003 — Ali Osam Abed Ali

Franco-West German Cooperation during the Presidency of Georges Pompidou and Valery Giscard d'Estaing (1969—1981) — Tatiana Voronova

Documents and Materials

Results of the Project «Local Integration of Refugees in Belarus, Moldova and Ukraine (phase I)» in 2009—2010 — Tatiana Selivanova (only Russian)

Creation and Modernising the computer system of asylum seekers registration in the Republic of Belarus — Sergey Kasinsky (only Russian)

Scientific Seminars 

Peculiarities of Lithuanian and Belarus National Identity in the Context of European Integration: Diversities and Similarities: International Scientific Seminar Materials (only Russian)

International Economic Relations

Economic Integration Influence on Foreign Direct Investments Attraction in Countries-Members of Regional Groupings  — Elena Semak, Ivan Turlay

Innovation Policy of the Regional Integration Group  — Vera Ozhigina

Realising the Transit Potential of the Republic of Belarus Through Formation of Transport and Logistic System — Nikita Kudriashov


English Summaries

«Towards the Issue of the International Intergovernmental Organisations’ Observership Legal Sources» (Katsiaryna Rudzko)

The article presents an overview of the IIGOs’ observership legal sources, including international treaties, IIGOs’ rules of procedure and law-enforcing practice of IIGOs.

The author specifies that the constituting documents of IIGOs play the key role among international treaties as a legal source of IGOs’ observership. Some aspects of IIGOs’ intercourse under the observership may be regulated by other multilateral international treaties between states and bilateral international treaties between IIGOs.

Another matter of focus in the present article is the role of IIGOs’ rules of procedure in the regulating of the observer status granting procedure. The author specifies and describes those aspects of IIGOs’ observership that are determined by the IIGOs’ rules of procedure, including the questions of observer status granting mechanisms; ascertainment of the IIGOs’ bodies in the activities of which observers from other IIGOs may take part; determination of the procedural rights and obligations of the observers; detailing of the ways of IIGOs’ intercourse under the observership.

The author also analyzes the role of IIGOs’ law-enforcing practice in the aspect of establishment of IIGOs’ legal capacity to grant the status of observer to other IIGOs.


«Feasibility of the Creation of the World Space Organization» (Iliya Adamov)

The article provides legal analysis of the feasibility of the creation of the World Space Organization (WSO) as a UN specialized agency of universal membership. This paper contains a brief historical review as well as one of the current state of affairs in the institutional system of cooperation in peaceful use of outer space. The analysis of positive and negative factors affecting the possibility of the WSO creation leads to the following conclusion: the peculiarities and scale of the current space activities indicate the necessity of a new stage of international cooperation in this area. The creation of WSO could contribute to this goal. Taking into account the fact that the WSO structure must correspond to the tasks conferred upon it, the author brings forward his proposals regarding the functions of the WSO (in particular, technology transfer, information exchange, facilitation of cooperative space projects), its structure, powers, decision-making, as well as WSO's interaction with non-governmental actors.


«Legal Regulation of an Agency Contract under Competition Law of the European Union» (Yuliya Stsiapanchykava)

The article considers the problems of determining the status of an agency contract under competition law of the European Community. Although under Guidelines on vertical restraints 2010 an agency contract is an exemption from Article 101 of the Treaty on the Functioning of the European Union, while analyzing legal practice the author comes to the conclusion that an agency contract can infringe competition law of the European Community.

The author found two different tendencies on the issue. On the one hand, the Guidelines on vertical restraints 2010 propose a number of criteria for an agency contract to fall under exemption from Article 101 TFEU (to conform to competition law of the European Community). On the other hand, the decisions of the European Commission and the European Court of Justice show a different approach. The European Commission and ECJ tend to analyze not just the contract itself, but all other legal relationships of the agent and others. As a result, under certain decisions the agency contract falls under Article 101 TFEU, when an agent produces his own products, is an agent of a big number of principals at the same time. On the basis of the above-mentioned the author offers practical advice for national parties to an international agency contract to give special consideration to del credere provision in the contract.


«Role of Mass-media in Integration of Muslims in Great Britain (2001 — beginning of 2011)» (Anton Ihnatovich)

The article explores the influence of the mass-media on the processes of integration of Muslims into British society. The position of the press on this issue plays a key role in contemporary Great Britain. The immigrants from Muslim countries become hostages of the image which has developed concerning Islam. Today the attention of the press is concentrated as a rule on the theme of Islamic radicalism. There is practically no information on any positive results of integration of Muslims. Asylum seekers and refugees in the United Kingdom are presented negatively. The author underlines the important of raising the mass media competence on the Muslim integration issues.


«The PRC’s Role in the Formation and Development of the SCO: Political and Economic Dimension» (Maryia Danilovich)

The SCO, as an international organization created on China’s initiative, to some extent represents the mechanism of  the PRC’s adaptation to the current geopolitical situation. The present   article examines the broadening economic ties between China and her SCO partners from the moment of the organization’s formation till the present. The author suggests analysing China’s economic strategy within the SCO  using the  periodization that considers geopolitical changes in Central Asia. The article reveals PRC’s initial objectives in the SCO, as well as China’s long-term expectations for the development of trade and economic links within the organization.


«Iraq’s Relations with the European Union after 2003» (Ali Osam Abed Ali)

The article explores the developments in the relations between Iraq and the EU after 2003 and the main directions and prospects of the bilateral cooperation. Several aspects are considered in the article: the political one (Iraq regaining its place as a full-fledged member of the international community; establishing of the democratic institutions in the country); the economic aspect (the EU countries’ participation in reconstructing the post-war Iraq, implementing joint projects in oil and gas mining, etc.) and the humanitarian aspect (the EU experience in overcoming ethnic and confessional conflicts).


«Franco-West German Cooperation during the Presidency of Georges Pompidou and Valery Giscard d'Estaing (1969—1981)» (Tatiana Voronova)

The article reflects the peculiarities of the Franco-West German cooperation during the presidency of Georges Pompidou and Valery Giscard d'Estaing (1969—1981). The author considers the stages of development and establishment of Franco-West German relations during this period. The article analyzes the historical events that caused certain difficulties in the dialogue between France and West Germany, the drive for the resumption of Franco-West German cooperation in economic and political spheres. Attention is paid to the normalization of relations of the French government with West Germany through its inclusion in the system of European integration while preserving the leading role of Paris. The West German sector in France’s foreign policies is systematically analysed in the context of relations of the two states with other actors in world politics.


«Economic Integration Influence on Foreign Direct Investments Attraction in Countries-Members of Regional Groupings» (Elena Semak, Ivan Turlay)

The article analyzes the effects of economic integration on attracting foreign direct investments in the member countries of regional integration groupings. The effects are divided into static (short term) and dynamic (long term) by conclusion of the integration agreements. The study of domestic and foreign research in the field makes the author conclude that regional integration trends to give a positive impact on attracting intra- and extra-regional investments.


«Innovation Policy of the Regional Integration Group» (Vera Ozhigina)

The article assesses the experience of the Union State of Belarus and Russia in the area of common scientific and technological space, joint innovation policy and the development of scientific and technological cooperation. Comparative analysis of objectives and areas for development of innovative policies and financing of joint innovative programmes in the Union State of Belarus and Russia and the European Union is carried out. The author considers the main directions of development of joint innovation policy of Russia and Belarus in the light of the experience of unified supranational policy of the European Union in the field of research and innovation, including the implementation of advanced scientific and technological development programmes, coordinating research, harmonizing legislation, improving the system of financing the joint systems of integration research, integration of vocational and higher education systems and university science, monitoring of research, education, innovation and cooperation in these areas.


«Realising the Transit Potential of the Republic of Belarus Through Formation of Transport and Logistic System» (Nikita Kudriashov)

The article deals with the analysis of the factors contributing to the realization of transit potential of the Republic of Belarus in modern conditions, and with identification of the main trends the main trends in the course of formation of national transport and logistic system. The author identifies the problem field in the sphere of transport and trade logistics of the Republic of Belarus and the promising directions on management optimization of trade flows.


This publication was prepared in the framework of EU AENEAS — UNHCR project “Strengthening the Protection Capacity in the Republic of Belarus — phase II” 
project_0911
 
 
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