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Journal of International Law an International Relations
 

Journal of International Law and International Relations 2011 — N 3

Summaries 


International Law

International Cooperation in Combatting Crime

The OSCE and CIS Framework of International Cooperation in Combatting Trafficking in Women and Children — Olga Emelyanovich

International Organisations

Towards the Status of the Law of International Organisations within the System of LawOlga Kokhnenko

Theoretical Issues

Sovereignty and International Legal Personality of the Holy See — Paul Lychkousky

International Private Law

Changing Doctrinal Approach to International Protection of Intellectual PropertyElena Leanovich

Statelessness Issues

Legal Mechanisms of Prevention and Reduction of Statelessness in the Republic of Belarus — Natalia Tykotskaya

Documents and Materials — Statelessness Issues 

Statelessness Determination Procedures and the Status of Stateless Persons: Summary Conclusions of Expert Meeting (only Russian)

Documents and Materials — Migration Issues 

Towards Changing Legislation on External Labour Migration of the Republic of Belarus — Alexander Tatura (only Russian)

International Relations

Foreign Policy and Activities of Iraq's Ministry of Foreign Affairs in 2003—2010 — Ali Osam Abed Ali

Bookshelf

«Critical Review of the Monograph "The Geopolitics of Russia: Integrational Processes, Energy Issues and Cultural Influence» (Géopolitique de la Russie: intégration régionale, enjeux énergétiques, influence culturelle) — Victor Shadurski (only Russian)

International Economic Relations

The Global Market of IT-Services and the Pros-pects for Enlarging its Belarusian Share — Elena Davydenko, Marina Grichik

Venture Companies in the Innovation Infrastructure of the Republic of Belarus — Olga Malashenkova, Evgeny Khovansky

Modern Development of Transport and Logistics System in the World and in the Republic of Belarus — Kseniya Yakushenko


English Summaries

«The OSCE and CIS Framework of International Cooperation in Combatting Trafficking in Women and Children» (Olga Emelyanovich)

The article analyses cooperation of states within the framework of regional organisations of the CIS and OSCE. The author considers the activities of these organisations in combatting trafficking in people since the beginning of 1990s and identifies the peculiarities of each activity. The paper suggests organizing a closer collaboration between the Special Representative of the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings through holding joint consultations and also establishing a permanent position of the CIS Coordinator for Combating Trafficking in Human Beings.


«Towards the Status of the Law of International Organisations within the System of Law» (Olga Kokhnenko)

The article makes an attempt to identify the place of the law of international organisations within the system of law. The author has analysed the law of international organisations to see if it complies with the criteria used in the theory of law to define an independent branch of law. The research resulted in determining the distinctive features peculiar to the law of international organisations and in the conclusion about the expediency of considering this law as an integrated branch of law.


«Sovereignty and International Legal Personality of the Holy See» (Paul Lychkouski)

The article aims to determine the nature of the sovereignty of the Holy See and define the scope and particulars of its legal personality. The findings provided in the article are based on the analysis of international treaties, Canon law of the Roman Catholic Church, the official documents of the Holy See, and the Western legal doctrine.

Sovereignty is the key concept used to determine the range of subjects of international law and, respectively, the scope of their legal personality. Modern legal doctrine interprets sovereignty as an inherent characteristic of a nation-state. Accordingly, it is often stated, nation-states are the only subjects of international law that enjoy full legal personality. However, the history of the Holy See, the universal government of the Roman Catholic Church and the oldest sovereign subject of international law, suggests otherwise.

The Holy See enjoys full legal personality without being a state. Unlike modern states, i. e. nation-states, whose legal personality is founded on territorial sovereignty, the Holy See claims sovereignty of a spiritual nature thus acquiring a unique international status.


«Changing Doctrinal Approach to International Protection of Intellectual Property» (Elena Leanovich)

The article is devoted to modern tendencies in the intellectual property protection research. On the basis of a wide range of literature sources the author proves the necessity to abandon the principle of territoriality in its strict meaning. The article concludes with a description of the basic directions of academic research in the field of international protection of intellectual property. The author underlines the necessity of broad application of conflict of laws norms to the intellectual property issues.


«Legal Mechanisms of Prevention and Reduction of Statelessness in the Republic of Belarus» (Natalia Tykotskaya)

The article examines provisions of legal sources of the Republic of Belarus aimed at prevention and reduction of statelessness. These provisions are divided into two groups: provisions relating to acquisition of citizenship of the Republic of Belarus and provisions relating to cessation of citizenship of the Republic of Belarus. The author analyses relevant provisions within both groups from the point of view of their correlation with provisions of international treaties to which the Republic of Belarus is not a party: Convention on Certain Questions Relating to the Conflict of Nationality Laws, of 12 April 1930, Convention on the Reduction of Statelessness of 30 August 1961, European Convention on Nationality of 6 November 1997.

As a result of the research the author formulates certain proposals aimed at improvement of the legislation of the Republic of Belarus for the purpose of elimination and prevention of situations which lead or may lead to statelessness.


«Foreign Policy and Activities of Iraq's Ministry of Foreign Affairs in 2003—2010» (Ali Osam Abed Ali)

The article uses the study of official documents, academic publications and the media materials in Arabic, English and Russian to analyse changes in Iraq's Ministry of Foreign Affairs activities which have taken place since the collapse of the Saddam Hussein regime.

The paper concentrates of the issues of departmental policies, interaction with other state bodies within the country and with foreign organisations, states and economies, the solution of the external debt problem and forming Iraq's missions abroad, overcoming the consequences of the previous regime policies and the isolation of the country and its integration with the world community.


«The Global Market of IT-Services and the Prospects for Enlarging its Belarusian Share» (Elena Davydenko, Marina Grichik)

IT-services is one of the few sectors of Belarusian economy that has shown positive results even during the crisis years: its balance is in the black and its prospects are considered to be good. The article aims to analyse the global market of IT-services, describe the current situation, reveal the main tendencies and then to assess the place of Belarus on it. Despite some obvious achievements the situation is not ideal yet, and therefore one of the goals is to reveal the existing shortcomings and to pinpoint the strengths, as the field is vital to Belarusian economy under the conditions of the trade balance deficit.


«Venture Companies in the Innovation Infrastructure of the Republic of Belarus» (Olga Malashenkova, Evgeny Khovansky)

The article considers the innovation infrastructure of the Republic of Belarus, identifies the main problems in its formation and determines the subjects which can be referred to innovation infrastructure. An analysis of the state and private initiatives in the venture projects is presented. The authors give grounds for the necessity to establish a network of state-private venture foundations and suggest an outline for the activities of the Belarusian innovation foundation as the national foundation of foundations. Further, the article looks into the causes of the low activity of Belarusian entrepreneurs in the venture sector and proposes some measures to promote this activity in the country.


«Modern Development of Transport and Logistics System in the World and in the Republic of Belarus» (Kseniya Yakushenko)

This article focuses on the development of modern transport and logistics system in the world in general, and in the Republic of Belarus, in particular. The global trends of the TLS are identified and the models of the TLS functioning in the post-Soviet countries are presented. The paper analyses the development of this system in the Republic of Belarus and identifies the main problems in formation of an efficient transport and logistics system.


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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