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Legal Aspects of the EAEU Development in the Context of the WTO

Student: Kurmanalieva Asel

Supervisor: Maksim Karliuk

Faculty: Faculty of Law

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

Year of Graduation: 2020

The research explores interrelations between WTO law and EAEU law, defines the place of WTO law and its effect on the Union’s legal order development. The main international treaty, in this regard, was analyzed - Treaty on the Functioning of the Customs Union in the framework of the Multilateral Trading System, May 19, 2011. Under this Treaty, WTO law becomes a part of the Union’s legal system. Furthermore, the practice of the EAEU Court proves the importance of WTO law since judges refer to the WTO Agreements and the DSB practice in their decisions. Hence, no doubt that WTO law has a special place in the EAEU legal order. As it has become a part of the Union’s legal system, the WTO Agreements and commitments undertaken by EAEU members as terms of their accession to the WTO, have priority over the respective provisions of the EAEU treaties. The issues raised in this thesis are: - difference between the EAEU Common Customs Tariff and the tariff within WTO; - conflict of jurisdictions between the EAEU Court and the DSB; - responsibility of certain EAEU members for Eurasian Economic Commission’s decisions under the WTO dispute settlement system. First of all, the relations between the WTO law and the law of regional trade organizations were defined. Secondly, was concluded the role of WTO law in the EAEU legal order. Further, three issues presented above were analyzed: there were identified the causes and suggested possible solutions. Finally, it was assessed the prospects for the EAEU development within the multilateral trading system.

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