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Preferential Trade Agreements in the Legal System of World Trade Organization

Student: Kozlova Maria

Supervisor: Daria Boklan

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2018

The present and urgent need to address the chosen topic is largely determined by the wide spread of preferential trade agreements. Questions about the operation of WTO law in integration associations have repeatedly arisen in the doctrine and jurisprudence of integration associations, with a detailed review of the scattered judicial enforcement and law-making practice. The purpose of this dissertation research is a comprehensive study of the legal nature of preferential trade agreements, the nature of interaction with other legal systems, namely with the WTO rule of law. The use of these methods allowed to study the theoretical and legal foundations of regional and interregional integration, to consider different models of integration associations, to analyze the existing theories of integration, to identify the features of the interaction of the WTO rule of law preferential trade unions, to consider the place and role of WTO rules of integration associations on the example of the Eurasian Economic Union and the EU. The obtained results give grounds to formulate the main conclusions. The formation of special regimes in the international system and the system of international law is associated with a number of phenomena such as institutionalization and fragmentation, integration. The ILC characterizes these sets of rules as "closed" regimes and defines them as a group of rules and principles related to a special subject matter and treats them as lex specialis. The WTO law and the law of integration associations are not isolated from the system of international law and should be interpreted and applied on the basis of the principle of harmonization, taking into account the objective of systemic integration. Regional associations and the WTO are independent of each other. These relations have a horizontal character. Under the WTO legal system, the rules of the PTA are treated as measures taken by States parties to such agreements, not as rules of law.

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