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Place of EAEU Law and WTO Law in International Legal System and Problems of Their Compatibility

Student: Budaev Zhargal

Supervisor: Daria Boklan

Faculty: Faculty of Law

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

Final Grade: 10

Year of Graduation: 2019

In this paper the author endeavors to analyze the correlation of WTO law and the law of the Eurasian Economic Union, their status and place in international law by two approaches. On the one hand, the way they perceive each other is of particular interest – how does the multilateral trade system identifies the EAEU as a regional trade agreement? What is the legal standpoint of the EAEU to its existence in this system? In order to scrutinize these issues, first of all, an analysis of the role of regional trade agreements and their states in the WTO system is carried out. Also there is an attempt to examine the question from another side – what position in its system did the EAEU allocate to WTO law? Does it accept its overwhelming regulatory effect or it is in search for greater autonomy? How does it determine the legal nature of the WTO agreements and how does it respond on its own questionable classification as an agreement to modify multilateral treaties inter se? On the other hand, the paper examines the position of WTO and EAEU law in the frameworks of international law in general, what comprises the second approach. There is the need to identify generally both WTO and EAEU law from the standpoint of international law. For the purposes of this side of the present paper’ issue, which is undoubtedly wide, particular problems and questions were chosen to be addressed, that most clearly demonstrate the role of international law in the legal systems at hand. How do the see the status of international law, including its role as source of law, and how can it be applied in dispute settlement? In the context of WTO law the analysis of this issue will be performed with some deeper examination of international law in WTO agreements interpretation as well as its correlation with other fields of international law with international environmental law as an example.

Full text (added May 31, 2019)

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