The Treaty of the Eurasian Economic Union – New Page of Legal Development of Eurasian Integration

10.12737/6623 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin

The article is considered the principal features of the Treaty on Eurasian Economic Union (EAEU) in the light of modern International law, its legal nature, place and functions in the regulation of Eurasian integration. Analysing the history of the formation of the idea of Eurasian integration after the collapse of the USSR, the value of the EurAsEC in the development of the integration process. Describes the main features of the EAEU Treaty as the foundation treaty of two kinds: establishing international organization for integration (EAEU) and the economic and legal space (the Customs Union and the Common economic space).

Author(s):  
Gülşen Şeker Aydın

This chapter examines the Eurasian Economic Union (EAEU) from the perspective of the main theories in the Discipline of International Relations (IR). The author sketches out the main stages of the development of the EAEU cooperation by highlighting the conceptualization of the scheme by President Nazarbayev of Kazakhstan in 1994, the establishment of the Customs Union (CU), and the Common Economic Space (CES) between Russia, Belarus, and Kazakhstan in 2010. Theories analyzed include Neo-Realism, Neo-Classic Realism, Hegemonic Stability Theory, Liberalism, Functionalism, Neo-Functionalism, Neo-Institutionalism, the English School, Constructivism, and Neo-Gramscian Theory. The author makes an overall evaluation and stresses the need for an eclectic approach for analyzing the EAEU experience.


Author(s):  
Ahu Coşkun Özer

After the creation of the Eurasian Economic Union in 2015, the Customs Union and the Common Economic Space between Russia, Belarus, and Kazakhstan represented two of the most important regional integration projects launched in the post-Soviet era. However, even though institutions, customs unions, and a common economic space have been established, it has become a matter of debate whether this union is effective in developing trade between the member countries. Russia has enormous power in terms of its share of the trade within the EEU. This shows Russia has economic dominance in the union. This is also the subject of debate about whether the union's members, except Russia, benefit from the customs union. In this chapter, the answers to these questions have been investigated by evaluating the commercial activities and macroeconomic variables of the member countries of the Eurasian Economic Union.


2015 ◽  
Vol 3 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin

The article discusses the main features of the Law of the Eurasian Economic Union (EAEU) from the point of view of modern international law, its legal nature and place, and functions in the regulation of the Eurasian integration. The article investigates the importance of the Foundation agreement as the international legal basis of the Union and its legal system. The author conducts comparative law analysis of conceptual models of the integration law on the example of the European legal theories of the European Union and Latin American theories of law on regional economic integration. This article gives comprehensive international law characteristics of regulatory definitions and conceptual framework of the EAEU law. The author classifies contractual sources of the Union’s Law and reveals the relationship between them. The author shows the role of secondary sources of the Union’s Law — acts of intergovernmental bodies. The author does not only list the sources enumerated in the EAEU Treaty, but also makes a forecast about the role of other international law acts and norms in the development of the EAEU Law concept. The author draws the conclusion that the Union’s Law is of an international law nature.


2020 ◽  
pp. 41-45
Author(s):  
A.A. Korennaya

The customs Union of the Eurasian economic Union is one of the priority areas of Russia’s regionaleconomic integration. The creation of a single customs space of the participating countries, the appearanceof common customs borders, and the territorial proximity of the participating countries leads to an increasein «Eurasian crime», primarily economic crime. Traditionally, researchers in their work pay attention to theproblems of combating or countering such crimes. Within the framework of this study, a different task isset — to form a General model for building a defense strategy in criminal cases of crimes related to illegalbusiness activities committed on the territory of several member States of the Eurasian economic Union. Theauthor suggests forming a defense position based on the specifics of the national legislation of each state, initially analyzing the norms of the criminal laws of the participating countries, then offering successivestages of establishing the actual circumstances and their legal assessment on the basis, including on thebasis of international law


10.12737/5279 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 73-83
Author(s):  
Анна Каширкина ◽  
Anna Kashirkina ◽  
Андрей Морозов ◽  
Andrey Morozov

The article reveals the scientific approaches to the concept and cycles of Eurasian integration. Identified formations in the development of the Eurasian integration at post-soviet space. The authors use the dialectic, formal logical, comparative legal, historical and other research methods. Analyzes the international legal base of the Customs Union, the Commonwealth of Independent States and other international acts. The conclusions about the possible expansion of the membership of the Eurasian Economic Union. Proves the effectiveness and positive aspects of the transition from the Eurasian Economic Union to Union with broader competence. At the same time problems of a legal nature, which impairs the development of Eurasian integration. The effect of different international acts integration associations in the post-soviet space on the legal system of the Russian Federation. The authors conclusions and proposals on improving the international legal base of the Eurasian Economic Union, as well as recommendations for improvement of the Russian legislation.


Author(s):  
K. Margaritou

The article evaluates policies and governance of the Eurasian Economic Union (EAEU) and validates the future of Eurasian integration. In order to avoid volatility of quantitative indicators and externalities that may lead to uncertain predictions, the means for this task include: Firstly, a qualitative analysis of EAEU constituents, namely of Customs Union (CU) and Common Economic Space (CES) policies, as well as of the functions of Union’s bodies in accordance respectively with theories of economic integration and theoretical approaches on state sector’s effective operation. Secondly, the strategic dimension of collaboration of EAEU member states in other Eurasian organizations and associations, such as the Commonwealth of Independent States (CIS) and the Greater Eurasian Partnership (GEP), in relation with Russian grand strategy and its dynamics on global order.


10.12737/7574 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Михаил Тюнин ◽  
Mikhail Tyunin

This article is devoted to the collective management of copyright and neighboring rights as one of the most important ways of their implementation in Customs Union, Common Economic Space, Eurasian Economic Union and also ensuring property rights of authors, performers, producers of phonograms and other holders of copyright and neighboring rights in cases, when their practical implementation individually is difficult. World Intellectual Property Organization and UNESCO has repeatedly emphasized the importance of collective management as the most suitable path that avoids the limitations of copyright and related rights with providing legal opportunities for mass use of intellectual property in the new high-tech areas. Questions of collective management of copyright and related rights take a significant place in the directives of the European Union adopted in the last decade. Copyright collecting agency must have the whole spectrum of rights for its operation which will allow it to conclude licensing agreements and ensure their legal clarity.


Author(s):  
A. Suzdal'tsev

The article is devoted to the problem investigation of the Common State of Belarus and Russia (a political stage of the Russian-Belarusian integration) preservation and development. Up to date, the Common State remains a desk-top state formation, which has no central presidence, legislative, executive and judicial power, citizenship, emblem, flag etc. In the context of the Customs Union – Common Free Market Zone – Eurasian Economic Union integration project development, which includes Kazakhstan alongside Russia and Belarus, the Common State faces the intrinsic problem of survival. Being in stagnation since 2007, this formation gradually evolves, seeks to adapt for a fast-changing situation in the Post-Soviet space.


Author(s):  
S. Rıdvan Karluk

Leaders of Russia, Belarus, and Kazakhstan which are the countries of disintegrated Soviet Union signed an agreement in order to establish a Union named Eurasian Economic Union on the date of 29 May 2014. With this attempt Russia wants to protect its former penetration on former Soviet geography by providing economic integration. Positive messages upon the membership of Turkey to Eurasia Economic Union were given at Eurasia Economic Union meeting which was held in Ankara in January mid-2015 and hosted by Andrey Karlov, Ambassador of Russia. Nursultan Nazarbayev, who is the pioneer of this idea, has stressed that Turkey should be a member of the Community several times before now. The idea of Sergey Markov, who is the point man of Putin as “Turkey should enter Eurasia Union not European Union, it can gain strength in this way”, is void within the scope of international agreements which Turkey signed with European Union and of the rules of WTO. Erdoğan, Prime Minister of the relevant term said Putin that “Take Turkey into Shanghai Cooperation Organization and ease our difficulty”; in Russian- Turkey peak held on 23 November 2013 in St. Petersburg province of Russia. This explanation is not possible in terms of international law. Explanation of Zeybekçi, Minister of Economy as “Eurasia Customs Union is a must for Turkey. We have to be there” is not realistic. In our paper we will deal and explain why Turkey cannot enter Eurasia Customs Union and why an axial dislocation cannot occur in Turkey.


2019 ◽  
Vol 7 (3) ◽  
pp. 169-193 ◽  
Author(s):  
Daria Boklan ◽  
Ilya Lifshits

Using the approach of the United Nations International Law Commission, the law of the Eurasian Economic Union and WTO law might be regarded as autonomous complexes of rules. However, in all current disputes the DSB treats the norms of EAEU law as measures adopted by a specific EAEU member, but not as international law within the meaning of the ILC. These disputes concern import tariffs, anti-dumping investigations, and technical regulation and reveal a number of specific features. First, the EAEU measures are attributable to every EAEU member. Second, the WTO members may try to challenge in the DSB the measures adopted by an EAEU member in its national legislation based on EAEU law that affect national legislation of that EAEU member, rather than EAEU law as such. Third, “forum shopping” may arise, for the same measure can be challenged under EAEU law in the EAEU Court and under WTO law in the DSB. Finally, to overcome uncertainty concerning WTO law in EAEU Court jurisprudence, it is necessary to clarify the approach of the EAEU Court. The authors conclude that this approach should provide for the Court’s right to interpret EAEU law relying on WTO law and DSB jurisprudence. Such interpretation should be made within the context and object of the EAEU Treaty. However, the autonomous EAEU legal order cannot be implemented until the Treaty on Functioning of the Customs Union within the Multilateral Trading System is applicable.


Sign in / Sign up

Export Citation Format

Share Document