Компетенция Суда ЕАЭС: мифы и реальность
In the less than three years of its existence, the Eurasian Economic Union Court has been surrounded by numerous myths due to the significant changes in the Court’s statute in comparison to the EurAsEC Court. This in turn has led many researchers to question whether the Court actually possesses the necessary instruments to fulfill its mission and ensure the uniform interpretation and application of EAEU law. This issue is all the more important, because in the European Union the Court of Justice has played one of the leading roles in the development of European integration. Taking into account the numerous restrictions on the competence of the EAEU Court in the Court’s Statute, one might be tempted to answer in the negative. However, as the case law of the EAEU Court shows, not all the alleged restrictions prove to be real obstacles. In the present article the authors seek, on the one hand, to dispel some of the myths surrounding the competence of the EAEU Court and, on the other hand, to provide an in-depth analysis of the real problems and restrictions the Court is facing and to suggest possible ways of overcoming them.
The article reflects the discussion on the resonant Laval and Viking cases of the European Court of Justice from the Russian labour law perspective.
The building of an increasingly integrated system from an economic point of view in the “Eurasian” space is a phenomenon superficially evaluated by that broad part of the Western literature which simply includes it in the general claim of Russia to win lost territories of the former Trsarist and Soviet Empires. It is therefore considered an almost pretentious project when analyzed from a purely geopolitical perspective rather than economic. Such kind of approach may, however, be short-sighted, in the absence of a detailed study of the complex roots or the historical, cultural and economic conditions justifying the integration on the former Soviet Union space, and in particular on the Eurasian one.
The present volume contains the contributions of experts from different disciplines with different sensitivity and national memberships. The hot confrontation between speakers from Ukraine, Poland and Lithuania on the one hand and Russia on the other seems to be constructive, a positive model of interaction between historically and geographically close worlds even if in a period of tough opposition.
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.
The article aims to conceptualize the economic model of the Eurasian Economic Union (EAEU), to fi nd similarities with the European Union single market model, to identify critical remarks on the part of the EU, to estimate the perspectives of integration in a wide space from Lisbon to Vladivostok, Astana and Bishkek. The author comes to the following conclusions. 1) The EAEU complies with canons formed by the EU and is being built with due regard to the European integration experience. The common external tariff, the “four freedoms” of the internal market and principles of its organization – the prohibition of discrimination, harmonization, mutual recognition of standards, conformity mark, common sectoral policies, logic of neofunctionalism – all these regulation elements are present in both models. 2) Russia considers cooperation with the EU as positive, because it has gained regulation methods for the traditionally controlled market and strengthened its global position due to this cooperation. 3) The EU makes a signifi cant indirect impact on the Eurasian integration through criticism and expansion of peculiar approaches. Part of the criticism is of temporary or politicized character. 4) The EAEU has a strong starting idea – common history, common genetics and the need to preserve achievements in exploration and development of the vast Eurasian space. 5) An opportunity for interaction between the EU and the EAEU derives from the convergence of regulatory systems. However, high degree of state participation in economies of the EAEU countries, which distinguishes the Eurasian model from the European one and has become an irritant in the EU–EAEU relations, will continue to hinder “the integration of integrations”.
The article develops a model of rational judicial decision making for the European Court of Justice (ECJ). The model suggests that judges may strategically incentivise litigants to bring particular cases to the court in order to promote their preferred issues to the agenda, and to control the docket. This so called strategic approach was developed primarily in research on the US Supreme Court and does not travel too well to other cases. Author finds a way to test its findings on an organizationally completely different entity of the European Court of Justice. To do so he narrows the research to ECJ case law on restrictions to free movement of goods within the EU, gathers some data on the number of cases decided by the ECJ annually, and checks it against the development of the case law and the substance of court rulings. Author finds that the ECJ succeeds at manipulating the case supply by changing the litigants' perception of their chances to win, and suggests that further research is conducted into the other areas of EU case law to corroborate this finding.
Sustainable development is an important concept for modern policymakers. To encourage people and businesses to act more responsibly and work towards sustainability, the states may introduce the tax incentives aimed respectively – at achievement certain goals in technological, ecological and social areas. EAEU Member States – Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia – adopted some tax measures which may be described as aimed at sustainable development, mostly in respect of personal development, R&D and their implementation. However, the paper shows that the efficiency of these measures is inconclusive, as the indicators in respective areas change differently than could be expected based solely on tax measures.
In this article the author performs the comparative analysis of the provisions of international treaties forming the Eurasian Economic Union and its predecessors and of the documents containing national tax policies of EAEU Member States. While author’s previous research suggested a number of similar features of EAEU Member States’ tax systems and partial harmonization, this time it is supplemented with conclusion of open tax competition waged by certain EAEU Member States.
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 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/