Евразийский экономической союз и Всемирная торговая организация: соотношение правовых режимов
This article analyses the issue of compatibility of the Eurasian Economic Union law and WTO agreements, where the author points out two sub issues. How does EAEU law and WTO agreements relate to each other? How is EAEU law treated by DSB of WTO? Answering the first question basing on the analysis of the Treaty on EAEU, Report of the Working Party on the Accession of the Russian Federation to the WTO and case law of the EurAsEC Court the author comes to the conclusion that rules of the WTO agreements should be treated as lex superior, and law of the EAEU as legi inferiori. At the same time rules of the EAEU law are lex specialis, and rules of WTO agreements are lex generalis. However analysis of the provisions of the Treaty on EAEU and case law of the EAEU Court shows that WTO agreements couldn’t be regarded as one of the sources of law applicable by the EAEU Court in dispute settlement and the issue of applicability of the WTO agreements by the EAEU Court stays open. Answering the second question author comes to the conclusion that norms of the EAEU law are regarded by all the applicants as measures taken only by one of the EUEU member-states, namely the Russian Federation. Such situation may cause difficulties in the process of executing DSB recommendations taking into account that EAEU norms are adopted by all EAEU member-states and EAEU as such is not the member of WTO.