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Journal of International Law an International Relations
 

Journal of International Law and International Relations 2011 — N 4

Summaries 


International Law

International Migration Law

International Legal Foundations of State Border Policy of the Republic of Belarus — Vladimir Davydik

International Maritime Law

International Maritime Law and its Implementation in National Legislation of the Republic of Belarus — Anton Kipet

International Private Law

Adherence Classical Types — Natallia Baibarosha

Directive on Legal Protection of Biotechnological Inventions: Analysis of Main Contradictions — Volha Parfenchyk

International Relations

International Cultural Relations of the Republic of Belarus (1991—2011) — Vladimir Snapkovsky, Olga Lazorkina

The Policy of the George W. Bush Administration on Israeli-Palestinian Settlement — Irina Fedosik

The Problems of Foreign Policy and International Relations in Belarusian Soviet Historiography — Victor Ostroga

Documents and materials

Report of the United Natons High Commissioner for Refugees (only Russian)

European Asylum Curriculum: Experience and Prospects — Natalia Sokolovskaya (only Russian)

International Economic Relations

Methodology of Determining the Extent and Results of External Migration of Population of the Republic of Belarus — Vladimir Zagorets, Irina Zagorets

European Integration Influence on Attracting Direct Foreign Investments — Ivan Turlay

TEMPLES+I-analysis Application for Integrated Assessment of International Marketing — Eduard Churlei

Improving Trade and Economic Partnership of Belarus and Azerbaijan — Farman Yusubov


ENGLISH SUMMARIES


«International Legal Foundations of State Border Policy of the Republic of Belarus» (Vladimir Davydik)

International law does not contain any list of imperative norms. But the main principles of modern genaral international law are bound to be imperative norms (principles), otherwise they would have lost their importance as fundamental norms. The correlation between the norms of general international law and those of national law presupposes the latter not contradicting the former, thus, corresponding to them. At the same time, the vast majority of the norms of general international law are dispositive (i. e. the kind of norms from which states and other international law subjects can depart to a certain extent in their local relations). This concerns bilateral and multilateral treaties concluded by states and international organizations.

In determining whether the legislation of the Republic of Belarus on border issues corresponds to international legal norms, it is the existence or absence of contradictions between the two that is the key question. The article analyses the laws of the Republic of Belarus in the field of state border policy, international treaties and agreements concluded so as to determine their correspondence to the principles of international law.


«International Maritime Law and its Implementation in National Legislation of the Republic of Belarus» (Anton Kipet)

The article deals with implementation of international maritime law in national legislation of the Republic of Belarus. The author points out the compliance with international conventions in the field of maritime safety, marine environmental protection, training of seafarers in national legislation of the Republic of Belarus. The author also shows the problems of the nationality of vessel. Special attention is paid to the national laws, that establish certain requirements for operation and equipping of ships, and to the liability in the field of merchant shipping.


«Adherence Classical Types» (Natallia Baibarosha)

The article is devoted to the role and place determination of the adherence classical types in modern private international law by the example of the latest normative legal acts in the sphere researched. Special attention is paid to the adherence modifications and exceptions which are directed at more convenient and effective application of conflict rules in practice.


«Directive on Legal Protection of Biotechnological Inventions: Analysis of Main Contradictions» (Volha Parfenchyk)

The Biotech Directive was adopted in 1998 with the main aim to harmonize patent legislation in the EU and to spur innovation in the biotechnology sector by confirming the patentability of biotechnological inventions on the EU level. Nevertheless, despite the economic rationale of expanding patent protection on biotechnological products, a number of the Directive provisions are still criticized by academic community and civil society. This article attempts to analyse and evaluate the most contentious provisions of the Directive and their negative implications. It primarily focuses on the patentability of biotechnological inventions, on the scope of protection granted and the interpretation of the industrial application criterion, and, finally, on the exclusions from patentability on morality and «ordre public» grounds.


«International Cultural Relations of the Republic of Belarus (1991—2011)» (Vladimir Snapkovsky, Olga Lazorkina)

Cultural relations — one of the most humanistic and therefore the most effective tools in the mechanism of foreign policy at this stage. They create conditions for peaceful dialogue and cooperation between the countries and peoples belonging to different cultural traditions. This article discusses the development of international cultural cooperation in the Republic of Belarus in 1991—2011. The authors analyzed the current state of work and principles of international cultural relations of Belarus and considered the main forms and directions of international cultural exchanges of the country. Special attention is paid to the participation of Belarus in the cultural programs of UNESCO, the Council of Europe and other international and regional organizations.

The analysis of international cultural cooperation of the Republic of Belarus over the past two decades shows that in this area progress has been achieved and much experience has been gained. The growth of cultural cooperation with other countries and international organizations has strengthened the position of Belarus in international cultural relations, creating a more favorable international image of our country. Cooperation has developed not only at the state level, but it also includes private and public initiatives, contributing to the formation of cultural and public diplomacy. There has been considerable progress in the development of Belarus' cooperation with compatriots living abroad. Diaspora has been regarded as an important resource in promoting a positive image of the country, expanding economic and cultural presence of the Republic of Belarus in the world.

However, the authors noted the existence of certain problems in the development of this area of cooperation, such as the lack of a concept paper, which would clearly set out the priorities of foreign cultural policy, the system in the development of cultural ties. This lack largely prevents the formation of an objective opinion about Belarus. The article concludes that the great cultural potential of Belarus is an effective tool to preserve the national identity of the Belarusians, the improvement of relations with foreign countries and the strengthening of Belarusian cultural presence in the world.


«The Policy of the George W. Bush Administration on Israeli-Palestinian Settlement» (Irina Fedosik)

The article analyzes one of the most important problems of modern international relations — the Israeli-Palestinian conflict and identifies the role of the United States in its settlement.

Regarding the Israeli-Palestinian peace process the policy of the George W. Bush administration had a number of significant features. They were based on the Republican concept of foreign policy, as set out in the election program of President Bush (different from the concept of the Democratic W. Clinton administration), and have radically changed the situation in the Middle East. That is, the U.S. Israeli-Palestinian settlement policy has undergone serious evolution during the two-term presidency of George W. Bush. The article examines and analyzes foreign policy actions of the George W. Bush administration in the context of the Israeli-Palestinian relations and the dynamic situation in the Middle East of the covered period.

Within the relevant chronological framework the article identifies several periods as the policy of balance, the policy of active mediation, ambivalent policy and the policy of double standards. This kind of analysis and systematization makes it possible to take a fresh look at the problem and find the motivation of the U.S. initiatives regarding Israeli-Palestinian settlement and actions in the realm of the Middle East policy.


«The Problems of Foreign Policy and International Relations in Belarusian Soviet Historiography» (Victor Ostroga)

Belarusian Soviet historiography of foreign policy and international relations of 1953—1991 counts over 400 publications. The article analyzed the most significant and interesting works according to the chronological periods: 1953 — the early 1960s, mid-1960s — 1985, 1985—1991.

The most active researchers include L. Shneerson, G. Trukhnov, N. Poletika, K. Kiselev, D. Meltzer, G. Sergeeva, V. Golubovich, A. Gurinovich, N. Vorobey, Yu. Ivonin, D. Klimovsky, M. Yelisseev, V. Snapkovsky, S. Voitovich, A. Rozanov, A. Ledneva, A. Reznik.

The main topics concerned international relations and foreign policy of European COUNTRIES in the 19th—20th centuries , foreign policy of Bulgaria, the GDR, the FRG, Poland, Hungary, the USSR and the BSSR in the UN.The analysis of this historiography proves that there was a great number of publications and a lot of archive documents were introduced into academic discourse. Despite the fact that many of the studies reflect the ideological considerations of the time, some of them retained their academic worth.


«Methodology of Determining the Extent and Results of External Migration of Population of the Republic of Belarus» (Vladimir Zagorets, Irina Zagorets)

On the basis of the analysis of vast statistical material and the application of original methodology the authors determined the extent and direction of external migration of the population of the Republic of Belarus. It is proven, that the balance of external migration from 1989 to 2010 is negative and makes up 131.5 thousand people.

The article characterizes the present state of the external migration of the population and the main factors affecting it. The contribution of external migration to the labour resource potential of the country is assessed.

The authors give grounds for the necessity to develop urgent measures to prevent mass emigration of highly skilled labour force.


«European Integration Influence on Attracting Direct Foreign Investments» (Ivan Turlay)

The article analyzes how the integration of European countries in 1950—2000 affected attracting direct foreign investments in these countries. The results of the main studies on the issue are taken into consideration.

The author comes to conclusion of the significance for the investment of the integrational processes in the region (i. e. the creation of the free trade zone and the customs union, the start of the internal market programme, the introduction of the single currency) as well as accession of new members to the union.


«TEMPLES+I-analysis Application for Integrated Assessment of International Marketing» (Eduard Churlei)

The article deals with the issues of integrated assessment of the methodology of the analysis procedures for enterprises. Both qualitative and quantitative approaches to the macro environment analysis are presented. Supplements for the existing models are suggested, factors necessary to study and describe them are characterized. The article also identifies the merits and drawbacks of the existing models of macro environment analysis.


«Improving Trade and Economic Partnership of Belarus and Azerbaijan» (Farman Yusubov)

The aim of the article is to develop and present practical recommendations to improve inter-state economic relations of the Republic of Belarus and the Republic of Azerbaijan.

The relevance of the article is, firstly, due to the strengthening of friendly relations between the two republics, and, secondly, Belarus and Azerbaijan, share a number of similar characteristics of economic development. Both parties are small open economies, have a socially-oriented national economy, had a common history, their national markets retain a common historical memory. This is a good basis for successful development of trade and economic inter-State cooperation.

The significance of this article is determined by the increase of the productive capacities of both States, enhancing competitiveness of Belarusian and Azerbaijani products, and the development of export capabilities of Belarusian and Azerbaijani producers.


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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