Спор Россия-Железнодорожное Оборудование и другие споры об оспаривании мер Евразийского экономического союза в Органе по разрешению споров ВТО

Международное правосудие. 2018. № 3 (27). С. 14–27.

Boklan D., Tonkikh P., Козлова М. Ю.

The norms of Eurasian Economic Union law and the norms of WTO law
mostly govern international trade relations. Therefore, the spheres of international
relations governed by WTO law and the law of the Eurasian Economic
Union often overlap. Moreover, the Treaty on the Eurasian Economic
Union contains references to WTO agreements. This paper is aimed at determining
specific characteristics of challenging measures adopted by the Eurasian
Economic Union (EAEU) in the WTO Dispute Settlement Body (DSB).
The analysis is based on four existing disputes where complainants put forward
an issue connected with the inconsistency of EAEU law or its interpretation
and its application to WTO obligations. Russia is the respondent in
three out of four disputes mentioned above, and Kazakhstan is the respondent
in one of the four disputes. The authors conclude that WTO law and
EAEU law should be interpreted and applied on the basis of the principle of
harmonization. However, the norms of EAEU law are not considered by the
DSB as rules of law. Rather, they are considered as measures applied by
EAEU member-states, while taking into account the fact that the EAEU is not
a member of the WTO. Moreover, all the actions of the EAEU and its bodies
are attributable to every EAEU member-state. The authors also conclude
that not only the content of EAEU law norms as such, but also the method of
their interpretation and application is of great importance in the context of
challenging measures adopted by the EAEU in the DSB. The paper contains
more detailed analysis of the Panel Report on Russia – Railway equipment.
The other four disputes are briefly covered with a special focus on challenging
measures adopted by the EAEU in the DSB. The paper makes several
concluding remarks in respect to the specific characteristics of challenging
such measures in the DSB.

Keywords: право ЕАЭС, EAEU law, WTO Dispute Settlement Body, Орган по разрешению споров ВТО, measures of the Eurasian Economic Union, interpretation and application of the EAEU Law, меры ЕАЭС, толкование и применение права ЕАЭС