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Journal of International Law an International Relations 

Journal of International Law and International Relations 2015 — N 2

Summaries  


International Law

Theoretical Issues

Inception of the Implied Powers Concept in the USA — Maksim Karliuk

The Implementation of the Obligation to Promote the Right to Development in Modern International Law — Nataliya Yakubovskaya

International Customs Law

Customs Law in the System of International and National Law — Dmitry Semeniuk

International Private Law

Conflict Regulation of the Marriage Contract — Iryna Basalyha

Analysis of the General Integration Legislation of the Eurasian Economic Union in the Field of Investment — Artur Shumsky

International Relations

Towards the Question of the Relations between Sweden and Denmark at the Beginning of the 21st Century — Svetlana Svilas, Yaroslav Martinkevich

Peculiarities of the Ukrainian Diaspora Influence on Belarusian Emigration in Czechoslovakia during the Inter-War Period — Volha Koval

Immigration Issue and Political Struggle in France in 1981—1988 — Konstantin Snisarenko

The Main Stages of International Cooperation of Belarusian Public Associations in 1991—2010 — Elena Gross

Several Aspects of Humanitarian Cooperation between the Bolivarian Republic of Venezuela and the Republic of Belarus (1998—2012) — Giojana Ruta

Documents and Materials

World Refugee Day 2015 in Belarus — Andrey Selivanov, Liubou Kravets

International Economic Relations

Labour Migration and Migration Policy of the Republic of Belarus within the Framework of Integration into the Eurasian Economic Union — Liudmila Tikhonova, Evgeny Krasinets

Forms of Organisational and Economic Cooperation of Auto Producers and Auto Components Suppliers on the Example of Leading World Auto Producers’ Experience — Ekaterina Stolyarova


English Summaries 


«Inception of the Implied Powers Concept in the USA» (Maksim Karliuk)

The article addresses the inception of the implied powers concept, which appeared at the end of the 18th — beginning of the 19th century in the USA. The central idea of implied powers is that state competences (or competences of international entities) are not limited to those explicitly stipulated in the founding documents. The author analyzes the views and arguments of the main historical proponents and opponents of the concept, traces its consolidation through state actions and jurisprudence. The author concludes that the concept of implied powers is necessary for effective achievement of the aims a state seeks to achieve through various historical periods.


«The Implementation of the Obligation to Promote the Right to Development in Modern International Law» (Nataliya Yakubovskaya)

The study addresses the soundness of developing countries’ claims for foreign development assistance from the perspective of universal international law. The analysis of the UN Charter, the International Covenant on Economic, Social and Cultural Rights, the Declaration on Principles of International Law and some other official documents, as well as of the doctrine of international law, allowed the author to conclude that there is neither a treaty nor customary international law norms, from which developed countries’ legal obligation to provide assistance to developing countries in order to enhance their well-being can be deduced.


«Customs Law in the System of International and National Law» (Dmitry Semeniuk)

Scientists differ in their opinions regarding the place of customs law in the legal system. Customs law is understood as the institute of administrative law, a sub-branch of administrative law, a separate complex branch of administrative law or a complex branch of legislation. The research of its legal nature shows that it is possible to distinguish supranational (international) and national parts within the contemporary customs law. The supranational part includes the Customs Code norms of the Customs Union and other legal acts which are adopted by international treaties. The norms included into the national part are adopted by legislative acts of the country. Thereby, customs law is a complex branch of law regulating public relations in the sphere of movement of goods across the customs border of the Customs Union.


«Conflict Regulation of the Marriage Contract» (Iryna Basalyha)

The article is devoted to the issues of conflict regulation of the institution of the marriage contract. Particular attention is given to identifying optimal approaches to conflict regulation of relations governed by the marriage contract through the analysis of the national legislation of the CIS member states, the European countries (Belgium, Germany, the Netherlands, Poland, France), as well as international agreements. The article provides recommendations for improving marriage and family legislation of the Republic of Belarus.


«Analysis of the General Integration Legislation of the Eurasian Economic Union in the Field of Investment» (Artur Shumsky)

This article is dedicated to the research of the trends in the integration legislation development within the Eurasian Economic Union in the area of investment. The focus is made on the analysis of the latest changes and additions to the regulation of investment at each stage of the integration space development, as well as their evaluation. The paper proposes to use the identified deficiencies of international agreements that regulate investment on the territory of the integration space for improving national legislation.


«Towards the Question of the Relations between Sweden and Denmark at the Beginning of the 21st Century» (Svetlana Svilas, Yaroslav Martinkevich)

The article considers political, economic and cultural aspects of cooperation between the two countries at the beginning of the 21st century. The focus is made on cooperation in the sphere of defense. Cooperation between Sweden and Denmark on the border territories including education, medicine and biotechnologies is studied and unsolved problems and contradictions are identified.


«Peculiarities of the Ukrainian Diaspora Influence on Belarusian Emigration in Czechoslovakia during the Inter-War Period» (Volha Koval)

This article is devoted to the analysis of the influence of Ukrainian emigration on Belarusians abroad in the process of the national and cultural identities formation. It considers a wide list of questions, connected with the history of Belarusian and Ukrainian cooperation in Czechoslovakia during the «Russian action» as a cultural and political programme. The problems of the Ukrainian and Belarusian political emigration, joint organizations and social adaptation are described in the article. The analysis is based on new historical sources of foreign archives, such as the Prague City Archive and the National Archive of the Czech Republic.


«Immigration Issue and Political Struggle in France in 1981—1988» (Konstantin Snisarenko)

The author of the article analyzes the impact of the immigration issue on the political struggle between the left and right parties of France. As a result, he came to the following conclusions. First, the immigration issue became a new factor in the political struggle between the left and right French parties in 1981—1988. Second, being in power at the beginning of the considered period the left parties failed to elaborate a complex approach towards the solution of the immigration question. Third, politicians of the centre right coalition involving the Rally for the Republic and the Union for French Democracy managed to develop conceptual justification of their approach towards the solution of the immigration issue, which provided their superiority in the debates related to the identification of the immigration policy direction. Fourth, public support of the views of the right political forces was determined by peculiarities of the perception of the immigration issue by the French society. Fifth, the first steps of the centre right cabinet of Prime Minister Jacques Chirac in the sphere of immigration policy revealed incompliance of the approaches of the right political forces with the human right norms and provoked criticism on the side of trade unions and human rights organizations.


«The Main Stages of International Cooperation of Belarusian Public Associations in 1991—2010» (Elena Gross)

Over the last 25 years public associations of the Republic of Belarus have accumulated a significant experience of international cooperation. This article is aiming to define and analyze the main stages of international cooperation of Belarusian public associations in 1991—2010. The following stages may be distinguished: the 1st stage — 1991—1994 — the period of extended intensification of Belarusian public associations’ activities on the international arena which is connected with changes in the social and political life of the country. The priority directions of activities within this period were maintenance of amicable relations with the public of different countries, drawing attention towards the problem of minimizing the consequences of the Chernobyl accident; the 2nd stage — 1994—1999 — the period of legislative base development for activities of Belarusian public associations including international cooperation. The distinctive feature of this stage was intensification of cooperation between public associations of Belarus and Russia; the 3rd stage — 2000—2010 — consolidation of the status of public association as an active participant in the social, economic and cultural life of society making a significant contribution to the implementation of foreign political interests of the country.


«Several Aspects of Humanitarian Cooperation between the Bolivarian Republic of Venezuela and the Republic of Belarus (1998—2012)» (Giojana Ruta)

This article is devoted to the study of humanitarian relations development between the Bolivarian Republic of Venezuela and the Republic of Belarus in different spheres.  Belarusian-Venezuelan relations are not limited to simple trade, technology exchange, technical training, agriculture, infrastructure, science and technology. All the above mentioned has generated a strategic alliance between the two nations where the culture has become an important element which contribute to the unification of fraternal peoples of Venezuela and Belarus.


«World Refugee Day 2015 in Belarus» (Andrey Selivanov, Liubou Kravets)

From 2001 till now on the world community annually celebrates World Refugee Day on 20 June. The authors of the article told about the latest trends in the world relating to refugees and other categories of forced migrants as well as about the events conducted in the Republic of Belarus and devoted to 20 June: contests, exhibitions, meetings with journalists, etc. Events conducted within the framework of World Refugee Day should contribute to intensification of activities on refugee protection, strengthening and improvement of the national asylum system in the Republic of Belarus as well as to increase the tolerance of the Belarusian society.


«Labour Migration and Migration Policy of the Republic of Belarus within the Framework of Integration into the Eurasian Economic Union» (Liudmila Tikhonova, Evgeny Krasinets)

The article analyzes contemporary trends and peculiarities of external labour migration development within the framework of the established Eurasian Economic Union on the basis of generalization of the statistics data, sociological surveys among labour migrants and expert assessments. Current flows of labour emigration formed both on concluded labour contracts and on the base of independent movement of labour migrants from Belarus as well as flows of labour immigration into the country are studied. The paper identifies main directions of migration policy based on contemporary needs of labour market and social and economic development of the country in general, both in the sphere of labour emigration and immigration. A system of measures regulating the mechanism of labour migration and labour market within the framework of the Eurasian Economic Union is proposed. (The article is prepared within the framework of the joint project between BSU and the Institute of Social and Economic Studies of Population at the Russian Academy of Sciences supported by the Belarusian Republican Foundation for Fundamental Research and the Russian Humanitarian Scientific Foundation «Migration and Migration Policy of Belarus and Russia in the context of the solution of the tasks of Eurasian integration» (2013—2015).)


«Forms of Organisational and Economic Cooperation of Auto Producers and Auto Components Suppliers on the Example of Leading World Auto Producers’ Experience» (Ekaterina Stolyarova)

This article offers a new classification of the forms of organizational and economic cooperation of auto producers with auto components suppliers within international economic relations. Each of the forms, included in the classification, is considered from the perspective of its advantages, disadvantages, and key success factors. There are examples from the development of auto industry worldwide for each of the forms identified. As a result of the study the author suggests high-level recommendations for Belarusian auto producers on potentially attractive forms of organisational and economic cooperation with auto components suppliers.


  unhcr_en
This publication was prepared in the framework of the project with UNHCR
 
 
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