The Law of Eurasian Economic Union: International Legal Discourse

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Latin American ◽  
Point Of View ◽  
The European Union ◽  
Secondary Sources ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
Economic Union ◽  
The Law

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.

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

scholarly journals РЕГЛАМЕНТАЦИЯ НОРМ О ПРАВАХ ЧЕЛОВЕКА В ДОКУМЕНТАХ ЕВРОПЕЙСКОГО СОЮЗА И ДОКУМЕНТАХ ЕВРАЗИЙСКОГО ЭКОНОМИЧЕСКОГО СОЮЗА

World Science ◽  
2019 ◽  
Vol 3 (3(43)) ◽  
pp. 50-54
Author(s):  
Идрышева Сара Кимадиевна
Keyword(s):  
International Law ◽  
Well Being ◽  
Legal Analysis ◽  
The European Union ◽  
Main Program ◽  
Degree Of Protection ◽  
Eurasian Economic Union ◽  
Protection Of Human Rights ◽  
Economic Union ◽  
Historical Methods

The article is devoted to the consideration of the main program documents on the establishment of the European Union and the Eurasian Economic Union, as well as its predecessors in terms of identifying the participants in these integration associations about the purpose of creating interstate unions. Based on the application of logical, historical methods of scientific research and comparative legal analysis of the texts of constituent documents of two subjects of international law, the author comes to the conclusion that there is such a lack of constituent documents of the Eurasian Economic Union as the lack of emphasis on ensuring well-being for each person living in the union states. The author believes that the prevalence in the constituent documents of the EAEU goals of achieving economic success entails an appropriate attitude to the degree of protection of human rights in this union.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

The Law of Treaties

2021 ◽  
pp. 141-158
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
Legal System ◽  
Controversial Issue ◽  
Member States ◽  
Dual Nature ◽  
Legal Nature ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

This chapter applies the dual legal nature to the law of treaties. It begins by describing how international organizations were conceptualized in the debates of the International Law Commission and of International Law Institute on the law of treaties. Afterwards it contends that the capacity of an international organization to conclude a treaty is based both on a norm of general international law and on a norm of the internal institutional legal system. This finding is applied to the controversial issue of the position of member states in the treaty concluded by the organization. The dual nature leads to rethinking the role of members within the organizations based on complementarity. It means that member states have an indirect involvement with the treaty concluded only by the organization. For instance, member states’ obligations arise in order to provide the organization with the means to fulfil the obligations of the organization.

scholarly journals First results and challenges for the future of The Eurasian Economic Union

2020 ◽  
Vol 133 (4) ◽  
pp. 91-102
Author(s):  
A. N. Ospanova ◽  
◽  
M. V. Lapenko ◽  
Keyword(s):  
European Union ◽  
Point Of View ◽  
The European Union ◽  
The Past ◽  
Rigid Framework ◽  
Domestic Trade ◽  
Eurasian Economic Union ◽  
First Results ◽  
Economic Union ◽  
Development Prospects

The Eurasian Economic Union (EAEU) was established on the basis of the Treaty on the EAEU, signed on May 29, 2014 in Astana and entered into force on January 1, 2015. Thus, at present, this integration association is celebrating the first five years of its development. Traditionally, in the analysis of integration processes, there is Euro centricity and comparison with trends and successes in the development of the European Union. Recently, however, researchers are increasingly using the theory of new open regionalism and allow the development of integration without the rigid framework of classical regionalism and integration. The article gives a brief analysis of the development of Eurasian integration and the Eurasian Economic Union over the past five-year development period. Statistics are presented that demonstrate a generally positive track in the development of integration processes. The analysis of foreign and domestic trade, the EAEU rating and the current agenda in digitalization format are given. The article also presents the author’s point of view on the opportunities and challenges of Eurasian integration and development prospects.

scholarly journals THE LEGAL CHARACTER AND STATUS OF THE ARCTIC COUNCIL WITHIN THE FRAMEWORK OF INTERNATIONAL LAW OF THE SEA AND THE ARCTIC. THE ROLE OF INDIGENOUS PEOPLES IN THE ARCTIC COUNCIL AND ITS FUTURE DEVELOPMENT

2020 ◽  
Vol 20 (1) ◽  
pp. 249-263
Author(s):  
Filip Farmas vel Król
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Regional Cooperation ◽  
Point Of View ◽  
The Arctic ◽  
The European Union ◽  
Arctic Council ◽  
External Agents ◽  
Legal Character

This article describes the legal character and status of the Arctic Council, focusing on the Council’s structure and powers in regional cooperation in the Arctic and elaborating on the decision-making process and the role of the indigenous peoples, both currently and from the point of view of suggested new legislation. The Arctic Council is also presented as a body in the tangible world, where other states and organisations may have a certain extent of influence over the Council’s capabilities. China and the European Union are good examples of such external agents. The aim of this article is to analyse the role of the indigenous peoples and their organisations in the Arctic Council. Te presence of representative bodies of the indigenous peoples within the frameworkof the Arctic Council is considered significant. I hold the view that an extensive range of powers should be granted to the organisations representing the indigenous peoples within the Arctic Council. My article elaborates on the details of these powers and their significance.

scholarly journals Wpływ przepisów wymuszających swoje zastosowanie na rozstrzyganie spraw spadkowych pod rządami rozporządzenia Parlamentu Europejskiego i Rady (UE) Nr 650/2012

2019 ◽  
Vol 25 ◽  
pp. 43-65 ◽  
Author(s):  
Łukasz Żarnowiec
Keyword(s):  
International Law ◽  
Point Of View ◽  
Private International Law ◽  
The European Union ◽  
Original Solution ◽  
New Approach ◽  
Applicable Law ◽  
Mandatory Rules ◽  
The Law ◽  
Special Rules

Since August 17, 2015 the courts of the Member States of the European Union apply the conflict-of-laws rules adopted in the EU Succession Regulation (EU) in succession matters. From the Polish point of view, this constitutes not only the change of the rules applied for the purposes of determining jurisdiction and the applicable law, but also a new approach to the overriding mandatory provisions. Contrary to other European instruments of private international law, the Succession Regulation neither uses the term “overriding mandatory provisions”, nor defines its meaning. Nevertheless, in Article 30 the Regulation provides for application — irrespective of the law applicable to the succession under its conflict rules — of the special rules of the State, where certain immovable property, enterprises or other special categories of assets are located, and which — for economic, family or social considerations — impose restrictions concerning or affecting the succession in respect of those assets, in so far as, under the law of that State, they are applicable irrespective of the law applicable to the succession. The interpretation of this provision cause difficulties. It is not clear whether the concept of the special provisions embodied in Article 30 refers to the concept of overriding mandatory rules, well known in the European private international law, or whether it constitutes an original solution. Another controversial issue discussed in the paper is the relevance of the mandatory rules of the forum or the third State other than those mentioned in Article 30.

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
Keyword(s):  
International Law ◽  
Customs Union ◽  
Economic Space ◽  
Legal Development ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
History Of ◽  
Legal Space ◽  
The Common ◽  
Economic Union

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).

scholarly journals The Historical Development of International Law of the Sea

2017 ◽  
pp. 28-40
Author(s):  
Tam Xuan Song
Keyword(s):  
International Law ◽  
Correction Method ◽  
Legal Framework ◽  
Point Of View ◽  
Law Of The Sea ◽  
Basic Work ◽  
The Law ◽  
Universal Structure ◽  
The One

Modern Law of the Sea the date of the date of the beginning of the modern international law. Graeasius, a Dutch lawyer who is considered as the law of international law, is considered as a law of the sea. In this issue published in 1609, his basic work, Free Sass, or Murray Liber tom, established some important concepts in this regard. He summarized the principle of freedom of the sea, which is free from the sea and all countries should be open to use. Not to be ambitious about the third United Nations Conference Sea law was one of the most important legislative events of the twentieth century, Centuries this international law initiates a revolution a new legislative strategy for making compromises and universal decisions Participation it creates a comprehensive deal on the sea law. As a result, it is claimed that the convention of the Sea Convention is to be provided universally, this thesis initially established a legal basis for the Los Convention The universal structure for the sea law. Discuss how it shows up the convention mainly affects traditional international law so that it is possible. The sea speaks of a universal law. However, the convention status as a public the law creates problems for its future development because it cannot be fully considered from the point of view of the treaty law. Therefore, the thesis will be considered. In addition to other legislation, the procedure for change in the Convention Out process with traditional contract framework. The central role of this analysis Institutions in the modern international law organization Thesis shows the acting part Through the law of the sea through developing political and technical institutions Explanation, correction, and correction, as well as in this way Organizations have used and improved universal decision-making strategies The first UNCLOS third is seen. It will analyze the role of court judges and tribunals maintaining and developing sea legal orders. This analysis shows that the convention provides legal framework. The modern laws of the sea for all states. In this context, there are institutional mechanisms the one-sided state practice in law enactment is replaced. Moreover, the state has been shown a choice for flexibility and pragmatism on the formal correction method. The Los Convention is creating a statutory legal order for maximum achievement, Ocean to maintain this stability, continuing discussion, discussion and compromise is important through international organizations.

scholarly journals Challenging international treaties before the Court of the Eurasian Economic Union: Theoretical analysis

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 412-428
Author(s):  
Denis G. Kolos ◽  
Keyword(s):  
Theoretical Analysis ◽  
Third Parties ◽  
Preliminary Review ◽  
Legal Capacity ◽  
The European Union ◽  
International Treaties ◽  
Judicial Control ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law

The article provides a theoretical analysis of the provisions of the law of the Eurasian Economic Union (EAEU) applicable to challenging international treaties concluded within the framework of the Union before the Court of the EAEU.The author identifies certain contradictory aspects in the law governing this category of cases that are due to the cumulative legal nature of the acts submitted for judicial review, the subject of the dispute and its disputants (parties). It is argued that the Union’s exercise of its international legal capacity to conclude treaties may give rise to several questions that require legal assessment, including whether the object and purpose of an international treaty are lawful, the expression of will by the Union is valid, and whether the observance of the conclusion procedure is complied with. In this regard, the author critically assesses the lack of competence of the EAEU Court to review international treaties made by the Union with third states, their integration associations, and international organizations. By referring to the case-law of the Court of Justice of the European Union, the author demonstrates that judicial control plays a significant role in assessing questions of competence and substance with respect to the exercise of legal capacity to conclude treaties by an integration association. The author puts forward and substantiates the proposal to reform the existing competence of the Court of the EAEU to settle disputes on the conformity of international treaties within the Union to the EAEU Treaty and replace it with the competence to carry out an optional preliminary review of international treaties within the Union and international treaties with third parties to assess their compliance with the EAEU Treaty. It is suggested that member states and bodies of the EAEU, that are engaged in concluding a treaty, should have the right to address the Court of the EAEU with a request to conduct a review. If implemented, the proposal will expand the scope of judicial control beyond international treaties within the Union to also include international treaties with third parties. This will positively impact the stability of the Eurasian legal order.

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