Стратегия развития Шанхайской организации сотрудничества как акт "мягкого права" в межгосударственном экономическом взаимодействии

Международное право (НБ-Медиа). 2016. № 4. С. 27–38.

Shilina M.

This article examines the relevant questions of the international legal regulation of economic relations within the modern mechanisms of the transnational economic cooperation, by means of the acts of “soft law”. Particularly, the author reviews the Strategy of development of the Shanghai Cooperation Organization (SCO) until 2025 as the most recent act of “soft law” of the international organization. The adoption of Strategy and its importance is substantiated by the dynamic development of SCO under the complicated geopolitical and geoeconomic realities. The article analyzes the positions of the Strategy pertaining to the economic component of the organization, as well as the structure of the document. For the first time the most recent and fundamental positions that stipulate the parameters of development, as well as peculiarities and flaws of this act from the perspective of opportunities of the legal regulation of economic activity within the space covered by SCO competence. The author defines the options of the possible regional economic integration into the Shanghai Cooperation Organization, considering the newest positions of the Strategy. Realization of the “Silk Road Economic Belt” project in the context of SCO is being researched. The author determines the key obstacles, as well as suggests recommendations for the joint collaboration of SCO with the project. The conclusion is made that the existing in SCO international legal regulation of the transnational cooperation in economic sphere, based on the Strategy and taking into account the proposed by the author recommendations, will allow to productively and competently develop the economic vector in SCO, as well as contribute into the intensification of the economic cooperation between the member-states of SCO and other states of the Eurasian Continent. The Strategy as the act of “soft law” represents the modern relevant document, which is the optimal tool for resolution of the tasks of joint development of the states with different interests and level of development of the economies. 

Keywords: международное право, стратегия развития, international organizations, мягкое право, международные организации, international economic law, международное экономическое право, international law, Шанхайская организация сотрудничества (ШОС), soft law, Eurasian integration, региональная экономическая интеграция, экономическое сотрудничество государств, regional economic integration, Russia and China, Россия и Китай, Shanghai Cooperation Organization (SCO), state economic cooperation