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Journal of International Law an International Relations 

Journal of International Law and International Relations 2013 — N 3

Summaries 


International Law

International Organisations

Institutional Comparison of the European Union and the Common Economic Space — Maksim Karliuk

International Private Law

Unfair Competition Forms Set Forth in the Legislation of the Republic of Belarus in the Light of its International Obligations and Legal Experience of Some Foreign States — Natalia Maskaeva

The Concept of Expropriation in the Legislation and Doctrine of the Soviet Era — Aleksei Zenkov

International Relations

The Characteristics of Immigration Process to France in the Second Half of the 20th — Beginning the 21st Centuries — Konstantin Snisarenko

Participation of the USSR Air Forces in Armed Conflicts Between 1936 and 1939 — Nikolay Buren

Belarusian-Swedish Economic Relations (1992—2012) — Elizaveta Navoschik

Participation of Lithuania, Latvia and Estonia in Baltic States International Organization Activities in 1990—2012 — Alexander Shatkov

Documents and Materials

International Protection Considerations with Regard to People Fleeing the Syrian Arab Republic (only Russian)

Memorandum on UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-seekers from Afghanistan (only Russian)

International Economic Relations

Assessment of Belarus, Russia and Kazakhstan Investment Attractiveness Within the Common Economic Space Framework and Formation of Investment Strategies — Galina Gavrilko, Christina Sivokha

Economic Development of the European Union and Belarus: Regional Aspect — Sviatlana Baliuk

Globalisation Phenomenon and Azerbaijan — Rufat Kuliev


English Summaries


«Institutional Comparison of the European Union and the Common Economic Space» (Maksim Karliuk)

This article identifies the degree of comparability of the institution and bodies of the European Union on the one hand, and the Customs Union and the Common Economic Space of Belarus, Kazakhstan and Russia on the other. Institutional correspondence within the European and Eurasian integration is identified which is further analysed on the functional basis. The analysis shows that despite certain institutional similarity, functional effectiveness varies considerably. The capacity to act of the bodies within Eurasian integration in comparison with the European Union is limited and depends considerably on the will of the leaders of the member states.


«Unfair Competition Forms Set Forth in the Legislation of the Republic of Belarus in the Light of its International Obligations and Legal Experience of Some Foreign States» (Natalia Maskaeva)

The article considers the unfair competition forms set forth in the Civil Code of the Republic of Belarus and the Law of the Republic of Belarus from December 10, 1992 «On Counteraction of Monopolistic Activities and Promotion of Competition» (hereinafter — Antimonopoly Law). Analyzing provisions of other acts of legislation and international treaties of the Republic of Belarus as well as the works of some law scholars the author proposes a new formulation of article 142 of the aforementioned Law. At the same time she makes a conclusion about the inexpediency of taking into account foreign legal forms of unfair competition while revising the Antimonopoly Law. In addition, she expresses an opinion that some terms of the Antimonopoly Law in certain legal normative acts of the Republic of Belarus need clarifying.


«The Concept of Expropriation in the Legislation and Doctrine of the Soviet Era» (Aleksei Zenkov)

The article focuses on the legal issues of expropriation in the Soviet civil law. The research is based on legal and doctrinal sources dating back to the epoch. This article aims to identify the main approaches to the definition and regulation of expropriation and, as a result, to determine the main elements of the concept of «expropriation» that existed under Belarusian law within the period concerned.

The issue needs to be studied because the formulation of the expropriation as a concept is required, which could be considered as the basis for fixing the relevant provision in the civil legislation of the Republic of Belarus so that the property law, including the regulations that involve a foreign element, could be improved.

Taking as the basis the analysis of the legislation within the period concerned, the works of Soviet lawyers, the author identifies a number of regularities in respect to how the legal forms of sezure of property developed and what transformation they went through in the context of the development of the domestic legal system from 1920s to 1991.


«The Characteristics of Immigration Process to France in the Second Half of the 20th — Beginning the 21st Centuries» (Konstantin Snisarenko) 

The character of immigration process to France in the second half of the 20th and at the beginning of the 21st century was considered and immigrants’ position in French society was analysed in the article. At the turn of the 20th century immigration to France became migratory by entrance explanation and global by its scale. The migratory character and the changes in labour relations caused by the scientific and technological revolution led to remarkable worsening of immigrants’ socio-economic position in France. The problems connected with the social status of immigrants were aggravated by their racial and religious differences from native population. The French Government immigration policy reforms held in 2003—2006 changed the character of the country’ immigration process, but didn’t improve the immigrants’ position and didn’t solve the problems in mutual relations between them and the receiving society.


«Participation of the USSR Air Forces in Armed Conflicts Between 1936 and 1939» (Nikolay Buren)

The article considers the participation of the USSR Air Forces, including Belarusian military district, in armed conflicts between 1936 and 1939, which influenced considerably further military aviation reform and its combat use theory and practice development.
Along with unquestionable achievements the author notes certain problems in tactical and flying training for our aviators, some flaws in combat experience exchange and interaction organisation, as well as technical assistance.


«Belarusian-Swedish Economic Relations (1992—2012)» (Elizaveta Navoschik)

The purpose of the article is to study Belarusian-Swedish economic relations in 1992—2012. Economic relations between Belarus and Sweden are a type of relations which characterizes the interaction between economies of different structure. In this case, Swedish market economy interacted with Belarusian transition economy. The article analyses the normative legal instruments; estimates the foreign trade cooperation and Swedish investments in Belarusian economy in correlation with the political situation; marks out promising spheres of bilateral economic relations.


«Participation of Lithuania, Latvia and Estonia in Baltic States International Organization Activities in 1990—2012» (Alexander Shatkov)

The article under consideration describes participation of Lithuania, Latvia and Estonia in Baltic States international organization activities in 1990—2012. The main features of forming and development of such organizations as the Baltic Council, the Baltic Assembly, the Council of the Baltic Sea States on the territories of Lithuania, Latvia and Estonia are analyzed. The article accentuates the results of the organizations activities and their impact on the foreign policy of the Baltic states. Collaboration of Lithuania, Latvia and Estonia within the framework of regional organizations has led to the following results: recognition of Lithuania, Latvia and Estonia as independent states, withdrawal of Soviet troops from the Baltic states territories, implementation of the foreign policy priorities concerning accession to the European Union and NATO, development and strengthening of economic, political and cultural relationships among these states.


«The 2002 Beirut Initiative of the Arab League» (Anna Moskalenko)

The article aims to analyze the positions of Arab States in the attempts to end the Arab-Israeli conflict, that are expressed in the 2002 Beirut Declaration of the Arab League. The author analyzed the background of the 2002 Arab Peace Initiative that tried to resolve the conflict with Israel. The author also indicated the differences in the positions of the Arab countries on the draft of the resolution and the problems that caused criticism and debate.


«Assessment of Belarus, Russia and Kazakhstan Investment Attractiveness Within the Common Economic Space Framework and Formation of Investment Strategies» (Galina Gavrilko, Christina Sivokha) 

This article is devoted to the assessment of Belarus, Russia and Kazakhstan investment attractiveness within the CES framework and formation of investment strategies. From January 1, 2012 Russia, Belarus and Kazakhstan proceeded from the Customs Union to the next stage of integration formation — the CES. Its basic functioning principles are ensuring freedom of movement not only for goods, services and labour force, but also for capital (investments) across the member-states borders. The goal of the CES creation is investment attractiveness and members’ competitiveness of the new regional integration growth on international arena.
Investment strategies of Russia, Belarus and Kazakhstan for 2011—2015 and their investment processes comparative analysis are considered in this article.


«Economic Development of the European Union and Belarus: Regional Aspect» (Sviatlana Baliuk)

The article presents the results of the comparative analysis of the economic development of the EU and Belarus on national and regional levels. Main strategic directions of the development of the economy of the EU and Belarus in the long-term period have been considered. Economic differentiation of the second level regions of the EU in accordance with the accepted categorization has been analyzed. The results of the author’s calculation of the gross regional product dispersion index of Belarus for years 2009—2011 using Eurostat methods have been presented.


«Globalisation Phenomenon and Azerbaijan» (Rufat Kuliev)

The article considers the currently urgent development process of international economic relations — world economy globalisation. Globalisation development conditions, reasons and directions are shown. The moving forces of the globalisation processes, happening in the world economy, are analysed and place and role of Azerbaijan in these processes is defined. 


This publication was prepared in the framework of EU — UNHCR project “Regional Protection Programme (Phase II)”
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