The Court of the Eurasian Economic Union: Challenges and Perspectives
The Court of the Eurasian Economic Union (EAEU Court) is a new structure operating since 2015, and whose mission is to ensure the uniform interpretation and application of EAEU law. The article focuses on the main challenges the Court is presently facing: limited competence; a lack of procedural mechanisms to ensure the dissemination of its case-law among national courts; and a low number of applications. Consequently, it is divided into three sections.
The first section is devoted to an analysis of the Court’s competence and focuses on the loss of the preliminary reference procedure that existed under the EurAsEC law. The authors analyze its role and the possibility of compensating for its lost powers.
The second section explores the other tools available to the Court in order to influence the case-law of national courts indirectly. It explores the practical difficulties which economic entities face when bringing parallel proceedings before the EAEU Court and a national court, or when trying to obtain a review of a national court judgment following a positive outcome in the EAEU Court.
The third section tackles the issue of the low number of applications, linked to a lack of trust from the business and legal communities. Thus, it is vital for the Court to earn a reputation based on accessibility, professionalism and efficiency. To this end, the authors analyze such issues as the duration of proceedings, the locus standi of economic entities and the way in which judgments should be drafted to ensure the protection of rights and legitimate interests of economic entities.
This volume analyzes the evolution of geo-political and economic integration in the Eurasian area. The Eurasian integration is a growing phenomenon and the largest scale analysis proves necessary to avoid simplistic judgments based only on the geo-political approach. The editors of this publication present different profiles of integration, such as the geo-political and constitutional aspect, the relations with the European Union, migration issues, energy flows, the compatibility between the Eurasian and the WTO law, and the comparison with the European integration model. The book presents a wide range of viewpoints through essays of specialists from Russia, Ukraine, Lithuania, Belarus, Italy, France.
This article considers the opportunities for Russia presented by the launch of China’s Silk Road Economic Belt initiative. This initiative is a comprehensive project for the rapid development of Central Asian countries, and not limited only to trans- port and logistics to guarantee the supply of Chinese goods to Europe. It is also China’s response to economic and political processes both within the country and in the Asia-Pacific region: the economic slowdown and transformation of its social and economic model, diverging income levels, the growing presence of the United States in Asia, and the new divisions of labour within the region. The Silk Road initiative is based on China’s intention to create strong regional value chains, to outsource labour-intensive and environmentally harmful production, to foster the development of northwest China including securing political stability in the Xinjiang Uighur Autonomous Region, and to guarantee the use of Chinese construction firms’ capac- ity. Goods transit is a secondary priority and justified not by commercial benefits from using land routes, but by the need to diversify export risks, arising due to the deteriorating military and political situation in the South China Sea. The 2015 Joint Statement on Cooperation on the Construction of Joint Eurasian Economic Union and the Silk Road Economic Belt projects resolves the issue of allegedly competitive goals of these complementary projects. The Eurasian Economic Union (EEU) provides an institutional base for cooperation while the Silk Road initiative provide investments for their development. Russia may benefit from participating in the Silk Road initiative. First, it would help integrate its transportation system into the region’s logistics network and provide additional opportunities for transit and associated logistical services as well as access to growing regional markets. Second, the Silk Road initiative offers opportunities to strengthen industrial co- operation among neighbouring countries to develop new economic clusters. Third, the EEU and the Silk Road may become the basis for more ambitious cooperation in greater Eurasia, which may transform into a new centre of economic develop- ment at the global level.
The recent crisis in Ukraine cast a spotlight on those countries located between Russia and the EU, a region that had long existed beneath the radar of international politics. Indeed, even its name remains indeterminate: the term 'post-Soviet' is too encompassing (it could also designate Estonia or Tajikistan) while the notion of 'Eastern Europe' has long lost any geographical anchor. Instead, this space is often named after regional powers’ attempts to shape it: as the EU’s 'Eastern Neighbourhood' or as Russia’s 'Near Abroad'. The new region-building endeavour pursued by Russia through Eurasian integration frameworks is a crucial development in this regard.
On the 29 of May 2014, Russia, Belarus and Kazakhstan signed the Treaty establishing the Eurasian Economic Union (EEU), which extends the provisions of the existing Eurasian Customs Union (ECU) and comes into being in 2015. This integration regime has been lauded by Russian President Vladimir Putin as a new, better version of the European Union, and castigated by US Secretary of State Hilary Clinton as a new form of the Soviet Union. This report shows that it is neither. The EEU is a modern and far-reaching attempt at economic integration, but one that is weakened by internal and conceptual contradictions. What was designed as a geo-economic framework is increasingly becoming a geopolitical issue. In attempting to counter the influence of the EU’s alternative integration regime (the Eastern Partnership), Russia has shifted its diplomacy from persuasion to coercion, and Moscow is increasingly resorting to using the EEU as a foreign policy tool. The countries of the entredeux – literally, something placed between two things – are being forced to face to a geopolitical choice they had been trying to avoid, or at least to defuse. Divisive domestic politics, separatism, structural dependencies and the economic and political calculations of internal actors are key factors mediating and complicating their choice. This report focuses on these issues that are too often overlooked in the debate on Russia-EU regional competition.
Author analyzes the advantages and shortages of Eurasian integration project with a view of Russia's perspective. For Russia it's a strong strategic and geopolitical choice that is necessare for future development.
The obligation of the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms has become one of the most significant changes brought about by the Lisbon Treaty. Despite the fact that the accession negotiations between the EU and the Council of Europe are still going on, there is little doubt that they will be successful in the near future. The present article is dedicated to the analysis of the legal and political effects of the EU accession to the ECHR. In the first part of the article the author addresses the difficulties that the EU had to overcome in order to launch the negotiation process. The goals and objectives of the accession together with the probability of their attainment are examined in the second part. Finally, in the third part the author analyses the implications of some ECHR judgments for the functioning of the EU institutions and their impact upon the development of the EU law. The author is convinced that the ECHR judgment in the Menarini case will force the ECJ to substantially modify its approach to EU Competition law cases.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/