Implementation of acts of the Eurasian Economic Union in Belarusian legislation
DOI:
https://doi.org/10.21638/spbu25.2019.302Abstract
Currently, international organizations are increasingly making binding decisions on member states. At the same time, unlike the implementation of international treaties, the mechanism for implementing acts of international organizations is poorly regulated in national law, including the Republic of Belarus. The Eurasian Economic Union (EAEU), established in January 2015, is empowered to adopt obligatory acts, some of which should be directly applied on the territory of EAEU member states. As a result, the traditional mechanisms for the implementation of acts of international organizations at the national level are no longer sufficient and require detailed legal regulation. The article reveals the legal basis for the implementation of acts of the Eurasian Economic Union in Belarus’ legal system. The work examines the status, types and specifics of acts adopted by the EAEU bodies, identifies the characteristic features of the implementation of these acts at the national level and specifies applicable terminology. In particular, special attention is paid to the legality of the use of terms “implementation” and “actualization” concerning the transfer of norms of the EAEU acts to the national legislation of its member states. The article considers the possibility of implementing obligatory acts of international organizations, especially those, which are supposed to be directly applied at the national level. Emphasis is placed on identifying the existence of an obligation to implement obligatory decisions of the EAEU Commission as well as their implementation in the Republic of Belarus. Based on the study, it was demonstrated that the majority of obligatory acts of the EAEU are implemented in Belarus by means of different types of references. The article also identifies the place of the
EAEU acts in the hierarchy of legal acts of the Republic of Belarus.
Keywords:
international law, acts of international organization, law of Eurasian Economic Union, implementation, direct application, status of acts of international organizations, legislation of Belarus
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References
Alvarez, Jose E. 2005. International Organizations as Law-makers. New York, Oxford University Press.
Anufrieva, Ludmila P. 2016. EAEU and “EAEU Law” In the International legal Perspective. Moskovskii zhurnal mezhdunarodnogo prava 4: 48–62. (In Russian)
Aust, Anthony. 2014. Modern Treaty Law and Practice. 3rd ed. Cambridge, Cambridge University Press.
Barbuk, Alexey V. 2006. Direct application of International Treaties in the National legal System. Belorusskii zhurnal mezhdunarodnogo prava i mezhdunarodnykh otnoshenii 4: 3–8. (In Russian)
Biryukov, Pavel N. On the Implementation of the Euroasian Economic Union Norms. Mezhdunarodnyi pravovoi kur’er. Available at: http://inter-legal.ru/k-voprosu-ob-implementacii-norm-evrazijskogo-ekonomicheskogo-soyuza (accessed: 29.09.2019). (In Russian)
Danilenko, Gennady M. 1999. Implementation of International Law in CIS States: Theory and Practice. European Journal of International Law 10: 51–69.
Ignatenko, Gennady V., Tiunov, Oleg I. (eds) 2003. International Law: textbook. 3rd ed. Moscow, Norma Publ. (In Russian)
Ispolinov, Аlexey S. 2017. Priority, Direct application and Direct Effect of the Euroasian Economic Union Legal Norms. Zhurnal mezhdunarodnogo prava i mezhdunarodnykh otnoshenii 1–2: 11–21. (In Russian)
Kapustin, Anatoly Ya. 2015. Law of the Euroasian Economic Union: International Legal Discourse. Zhurnal rossiiskogo prava 11: 59–69. (In Russian)
Kashkin, Sergey Yu., Tchetverikov, Artem O. 2015. Law of EuroAsian Economic Union: textbook. Moscow, Prospekt Publ.
Kovalev, Аlexandr A., Chernichenko, Stanislav V. (eds) 2008. International Law: textbook. Moscow, Omega-L Publ. (In Russian)
Mihaleva, Тatyana N., Volkogon, Tatyana A. 2018. On Methodology of the Regional Integration Law. Izvestiia AltGU. Juridicheskie nauki 6: 37–41. (In Russian)
Morozov, Andrey N. 2017. Implementation of International Commitments undertaken by Member States within the Framework of the Euroasian Economic Union. Zhurnal zarubezhnogo prava I sravnitel’nogo pravovedeniia 3: 111–120. (In Russian)
Pavlova, Ludmila V. (ed.) 2001. Implementation of International Legal Norms in the National Law. Minsk, BGU Publ. (In Russian)
Rahmanov, Shuhrat N. 2007. Recognition of resolutions of international organizations as a source of international law, Abstract of PhD thesis in Law. Tashkent, Universitet mirovoi ekonomiki i diplomatii. (In Russian)
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