Research On The Legal Issues Of Eurasian Economic Union

Legal factors have undoubtedly played an important role in the formation of the governance framework of regional integration organizations,the consolidation of development achievements and the development of foreign relations.The integration of the Eurasian Economic Union not only involves economic and political factors,but is essentially a process of legal integration.The “Silk Road Economic Belt” and the Eurasian Economic Union(hereinafter referred to as “One Belt and One Union”)have now entered the stage of institutional docking,but research on the legal issues of the Eurasian Economic Union in China is still insufficient.In addition to the introduction and conclusions,this thesis consists of seven parts,mainly focusing on the integration of the Eurasian Economic Union,a regional international organization.Based on an analysis of the main or basic legal systems in the process of integration development,the paper sorts out Its internal logic discusses the legal issues related to the basic nature and specific operation of the organization,including the source and level of effectiveness of the Eurasian Economic Union Law,the legal issues of organizational construction,the internal market integration legal issues,enforcement of the Eurasian Economic Union Law in Member States,legal issues in developing foreign relations and put forward countermeasures and suggestions on the institutional arrangements in the cooperation between China and the Eurasian Economic Union.The first chapter “Eurasian Economic Union Formation and Legal Status”mainly discusses the significance and status of Eurasian Economic Union in international law from the perspective of regional integration and Eurasian integration.The formation of the Eurasian Economic Union is the product of the development of Eurasian integration to a certain stage.Having a clear legal personality is a typical difference from other Eurasian integration organizations.Therefore,it is really necessary to sort out the changes and evolution of the Eurasian Economic Union.The first section explains the basic theory of the formation of the Eurasian Economic Union in the context of globalization and regional integration.Because the integration process of the Eurasian Economic Union has learned lessons from the practice of Eurasian integration.The second section analyzes the formation of the Eurasian Economic Union from the perspective of organizational system changes and evolution.In this sense,the Eurasian Economic Union is a dynamic development process,and is an integral part and the latest achievement of Eurasian integration development.The third section analyzes the basic nature and legal personality of the Eurasian Economic Union.This section positions and analyzes the basic nature of the Eurasian Economic Union from the perspective of regional international economic organizations,including analysis of its organizational attributes,economic attributes,and supranationality.Then the main contents of the legal personality of the Eurasian Economic Union are explained from the aspects of international legal personality and domestic legal personality.Chapter 2 “The Origin and System of the Eurasian Economic Union Law”systematically studies the most basic and important issues related to the Eurasian Economic Union Law,namely,the legal origin and the rank of validity.The first section defines the concept of the Eurasian Economic Union Law.Then according to the definition and division standard of the international organization law,the Eurasian Economic Union Law is analyzed from the three aspects of adjustment object,adjustment field and effectiveness range.The second section divides Eurasian Economic Union Law into primary legal source and secondary legal source according to the importance and effectiveness of the legal source.The first-level legal sources are mainly composed of organizational treaties and international treaties concluded by member states within the framework of Eurasian Economic Union.In the third section,it analyzes the secondary sources of law,including legally binding decisions and directives issued by the Union agencies for legislative activities,and international treaties with third parties.Chapter 3 “Internal Market Integration Legal Mechanism” analyzes in detail the construction of the Eurasian Economic Union’s internal market integration legal mechanism from the perspective of passive integration and active integration.The first section mainly studies the legal system and mechanism of most-favored-nation treatment in government procurement to ensure the free flow of goods,services,labor and capital and eliminate trade and currency barriers within the framework of the Customs Union.The second section mainly explains the three policy coordination methods with different degrees of integration within the alliance,and carries out specific analysis from the related fields of implementing unified policy and consensus policy.The third section studies the special rules of the Eurasian Economic Union Law on individual fields.Such policies have priority over the general rules of the common market.Chapter 4 “Eurasian Economic Union Organization System and Operating Mechanism” through the study of the organization’s power allocation and decision-making mechanism,believes that at this stage,the Eurasian Economic Union has not formed effective power checks and balances among institutions like the EU,It is highly centralized.The first section of this chapter systematically introduces the Eurasian Economic Union’s powers,permanent regulatory agencies and judicial institutions,namely the Eurasian Supreme Economic Council,the Eurasian Intergovernmental Council,the Eurasian Economic Commission and the Eurasian Economic Union Courts.The second section describes the decision-making procedures,voting rights allocation and three types of voting methods of the Eurasian Economic Union,and compares with the EU.The third section reveals the major flaws in the jurisdiction of the Eurasian Economic Union dispute settlement mechanism,especially the judicial settlement mechanism,and analyzes the judicial initiative of the Eurasian Economic Union courts.Chapter 5 “The relationship between the Eurasian Economic Union Law and the domestic laws of member countries” is of great significance to whether the Union Law can be uniformly interpreted and applied in member countries and the in-depth development of integration.The first section studies the direct effect and priority effect of the application of the Union Law in member states from the provisions of the Treaty of the Eurasian Economic Union and the judicial practice of the Union Court.The second section analyzes the legal status and applicable practices of Union’s treaties and Union’s agency laws in member countries at the member state level.The third section analyzes the supervision authority and supervision effect of the Eurasian Economic Commission and the Union Court on the application of the Union Law in member countries,and points out the existence of the Union judicial system in ensuring the unified interpretation and application of the Union Law in the member countries problem.Chapter 6 “Legal Basis and Practice of the Eurasian Economic Union’s Development of Foreign Relations” focuses on the supranational power of the Eurasian Economic Union in the field of foreign relations and the international practice carried out by the Eurasian Economic Union.This part first defines the legal basis for the Union’s right to develop foreign relations,and analyzes the institutions that the Union has the right to carry out external activities,its authority and applicable legal measures.Secondly,it elaborated the Union’s foreign relations legal system,including foreign trade policies and customs supervision measures.Finally,an empirical investigation was conducted from the perspective of the Union’s participation in international practice.Chapter 7 “Institutional docking cooperation between China and the Eurasian Economic Union and countermeasures” mainly proposes countermeasures and suggestions based on the strategic needs of the “One Belt and One Union”institutional docking.The first section demonstrates the main difficulties faced by the legal integration of the Eurasian Economic Union,the impact of deepened integration on docking cooperation,and the choice of docking cooperation mechanisms and models.The second section puts forward countermeasures and suggestions for the institutional docking of the “One Belt and One Union” from the national and enterprise levels.The third section analyzes the legal dimension of economic cooperation under the initiative of the Greater Eurasian Partnership,and looks forward to the “Eurasian Economic Union-Shanghai Cooperation Organization-ASEAN” trilateral cooperation mechanism.The conclusion part draws the conclusion on the basis of summarizing the full text.The research on the Eurasian Economic Union integration legal system and mechanism shows that,the Eurasian Economic Union has established a more complete self-contained legal framework system,compared with the emulation of the European integration model during its predecessor,the Eurasian Economic Community.The highly centralized institutional power allocation and decision-making mechanism,and the judicial supervision mechanism where power is widely restricted are the result of gaming and compromise between member states in deepening integration and safeguarding national sovereignty.The unified interpretation and application of the Union Law by member states,the improvement of the internal market integration legal mechanism and the construction of a unified economic space will depend more on the political will of the member states.For our country,with the deepening of the integration of the Eurasian Economic Union,challenges and opportunities coexist.In the institutional docking of the “One Belt and One Union”,we should focus on strengthening the implementation of signed documents in the short term and enhancing strategic mutual trust.In the long run,it is necessary to make full use of the WTO rules and other international legal rules systems mutually recognized by both parties to promote substantive negotiations on free trade agreements and the construction of dispute settlement mechanisms.