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.
The System of GATT/WTO worked rather good for about 50 years producing required trade rules. In XXIc. International trade changed profoundly. But the WTO did not adapt to the changes. The megaregional trade agreements like TPP can provide trade with some modern rules but cannot bring universal solution. It is time to start to consider a system of multi-pillar global trade governance with the WTO as a central pillar. This system will be a new system of Global trade governance.
This paper analyzes the legislative instruments regulating energy cooperation relations in the framework of the Customs Union and Common Economic Space of Belarus, Kazakhstan and Russia. Formulate five basic pillars of a common energy market.
On 26-27 June 2017, IIASA hosted a high-level consultation meeting to further discuss the second phase of the IIASA Futures Initiative “Challenges and Opportunities of Economic Integration within a wider European and Eurasian Space”. The event concentrated around one full day on the high-level stakeholder segment and one day of an expert meeting. Stakeholders and organizations interested in participating and supporting the second phase of the project were presented a brief overview of the first phase (2014-2016), plans for the second phase (2018-2022), as well as the research on-going in 2017 as fast track studies. All the discussions are based on the “Lisbon to Vladivostok” and “Greater Eurasia” common economic space concepts.
Russia’s entire history is in its geography and no matter how huge its territory, it is still a kind of an “inbetween” space. Today’s Russia has all but completed its turn toward Asia. However, it remains to be seen how far-reaching and successful it will be, and in what specific areas it will evolve and what will be its content, benefits, and costs. Russia, remaining the country of the European civilization, is moving in the new world to a natural status of the great Eurasian Atlantic-Pacific power. The turn means not a "reversal" from Europe, but a pragmatic orientation to new opportunities, the adequate desire to fit with the modern world. Main directions and dimensions of such turn refer to the establishment of new internal conditions (organizational and legal) for the accelerated development of Siberia and the Far East, qualitative strengthening of the Russian presence in the Asia-Pacific region, and the gradual build-up of trade, economic and political ties with Asian countries, formation of the new Eurasian space for common development.
The paper deals with birth rate among labor migrants from two countries, Kyrgyzstan and Tajikistan, in Russia. The study is based on an online survey of women migrants from those countries, held in 2018. It is argued that differences in regulation of stay of labor migrants from the two countries in Russia which emerged after Kyrgyzstan had joined the Eurasian Economic Union in 2015, didn’t have a significant effect upon birth rate so far, contrary to expectations. Possible explanation of this is suggested. The results of analysis also are considered against the background of key hypotheses about migration-to-birth-rate relation, currently present in demography.
In the last 15 years the reciprocity of regional trade agreements on services has become a global phenomenon. Whereas main provisions regulating access to the services market are fixed by specific obligations under the General Agreement on Trade in Services, RTAs have been considered a flexible means for liberalization and an expedient to protect national service providers. This article explores the role of the GATS and other agreements, both under and not under the mandate of the World Trade Organization, in trade blocs. The econometric model developed by the authors shows that the removal of restrictions for foreign suppliers under domestic regulation (consumer protection, regulation of labor market) and the elimination of discriminatory measures on foreign investments that affect trade in goods are likely to be more important for the expansion of services trade on a preferential basis than the GATS-type liberalization.
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/