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International Legal Basis of Interrelation Between WTO Law and EAEU Law

Student: Mikayelyan Lilit

Supervisor: Daria Boklan

Faculty: Faculty of Law

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

Year of Graduation: 2019

The master's thesis is devoted to the analysis of the nature of relationship between the legal regimes of the WTO and the EAEU in the international legal dimension, identifying features of the interaction of WTO law and EAEU law. The relevance of studying the issue of the relationship of WTO law and EAEU law is confirmed by the fact that today there is no uniform approach in domestic and foreign science related to the nature of relations between the legal systems of this two organizations. The existence of disputes on the compliance of EAEU law with the WTO Agreements in the practice of the Dispute Settlement Body of the WTO (hereinafter the DSB WTO) indicates existing problems in this area of legal relations. This scientific work examines such regulatory documents as the WTO Agreements, the Treaty on the EAEU, the Treaty on the Functioning of the Customs Union, reports of the panels and the Appellate Body of the DSB WTO, the decisions of the EAEU Court and the EU Court, as an aid. It concluded that WTO law, like EAEU law, are part of public international law and regulate international trade relations. The Treaty on the EAEU, the founding document of the EAEU, is a regional trade agreement, the regulatory areas of which mostly coincide with the WTO Agreements. Despite this, the provisions of the Treaty on the EAEU are lex specialis in relation to the WTO Agreements. The nature of the relationship between these two legal regimes is horizontal, but measures taken within the framework of the EAEU are perceived by DSB WTO as measures taken by the WTO member states separately. EAEU law was originally created, taking into account the norms of international law and WTO law. In the event of a conflict between the rules of the two legal regimes, the rules of the WTO Agreements apply. This indicates that the law of the EAEU operates in accordance with the principle of harmonization of the two legal regimes, although the law of the EAEU is not a WTO subsystem.

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