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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


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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