I.R. Sultanov, PhD in Political Science
Bashkir
Academy of State Service and Management under the President
of
the Republic of Bashkortostan
Ufa, Bashkortostan, Russia Federation
The issues
of the correlation of the international and domestic norms in the integration
process
The
article is devoted to the current issues of the international law.
International integration organizations are currently playing a more
significant role in the development of the international law. The integration
of new institutes of the international law is occurring more rapidly due to the
development of the integration organizations. The research looks at the issue
of the international cooperation prospects in the context of the influence of
the integration associations upon it.
The
process of the parity of norms of the international and national legal systems
involves recently more and more steadfast attention of jurists. It, first of
all, is defined by the objective process of the international cooperation of
the states where relations of subjects are regulated by the international law,
amplifying influence of the internal law on economic, sociopolitical relations
in the country. It is important to notice that this problem is not thus in
purely theoretical space.
Among
them is a general principle of market-base of the national economies, meaning
reduction of a role and participation of the governments (those of public
level) in the regulation of private legal relations – business. The principle
of a free competition, i.e. an antimonopoly policy and management of the state
help. It is expressed in economy demonopolization, mainly in such natural
monopolies, as railway transportation, telecommunications, electric power and
gas industries; as well as an interdiction for rendering of the state help and assuming
leading position in a commodity or services market [2]. In these conditions,
the traditional interstate cooperation (interstate trade, mutual aid) gives way
to cooperation of private persons – corporations and other enterprises (the
investment, bank, insurance business, private trade). Finally, the introduction
of the "national treatment" for foreign enterprises, facilitating
business management in other state. In some directions preferential relations
are possible also.
The Liberalization
of national economies of member states is that requirement which derive from
the specified GATT/WTO agreements, the members of which are all countries of
the EU, NAFTA, central Africa or, say, the OPEC. However, in the EU the
legitimacy of the GATT imperatives has not come along without fluctuations. As was
marked by the professor U.M.Yumashev, «in the early nineteen sixties, the Court
considered that the obligations emerge from the GATT agreement, concluded
earlier by the member states, does not operate concerning the Community» [9, p.195].
However, «in the early seventies, after the completion of the transition
period, the Court in its decisions underlined that obligations of member states
in GATT devolve upon the Community in the process of the expansion of its
external competence» [9, p.195].
Therefore,
if the European power charter, as well as the 1994ã. Agreement to it
[10] are to be mentioned, they already are the documents that demand
from the "Contracting parties", those that are not the GATT/WTO members,
reorganization of their internal economic relations systems on the liberal
model. The integration unions collectively achieve these purposes easier. EU
though and through bills of a smaller, than GATT scale (on a circle of
participants), suggests to introduce the same economic rules that we have
specified above. It is natural that the states, which have only recently left
the socialist forms of state system, quite often experience problems of the
incompatibility of their economic and legal systems. Some enjoy the priority of
state, while others – a private-corporative approach. As the result, the incompatibility
of the legal and economic traditions leads to an ineffective or simply inert
agreement. For example, F.Lukyanov quite truly writes concerning Russia that «the
dialogue about the expansion of the Russia’s deliveries in EU was beyond the utilitarian
frameworks «goods – money – goods» and has turned into a basic discussion about
the future of Russia’s economy» [11].
Indeed,
if we are to compare the Agreement to the European power charter of 1994 and the
GATT agreement, is evident that it only somewhat elaborates the GATT provisions,
but does not add anything conceptually new to those principles, that the states
groupings are to follow according to the 1947 and 1994 agreements. The latter,
by the way, in the stated agreement are mentioned time and again as primary
[10]. Let us compare: it is the freedom of competition, the principle of non-discrimination,
the allegiance to the union market, as well as to the Eurocommunity itself, and
the preservation of the environment with its own principle (the pollutant
pays). All these general provisions on ECT market liberalization only concretize
them with reference to the energy sector, addressing them to specific states.
New in the specified Charter and the Agreement to it is only one - involving into
the sphere of the convention not just 27 EU states, but 51 state, including Afghanistan,
Pakistan, Mongolia, Japan, Ukraine and many other not European states by far.
And, the second is a requirement of access of the West European managers to
gas-transport networks of all states, noy excluding those, which are not a part
of this integration structure.
The list of the used sources:
1.
The consolidated version of the European Union Agreement and the Agreement
establishing the European community. Luxembourg: Office for Official
Publications of the EC, 1997.
2.
EU promotes strengthening of a competition of the free market in
Russia//the Press release. Moscow, Representative office of the European
Commission in Russia.15th of September, 2003. //http:// www.eur.ru
3.
Koretsky V.M. The general principles of the law in international law. Kiev,
1957.
4.
Gerchikova I.N. The international economic organizations:
regulation of inter-economic relations and enterprise activity. The manual – Moscow,
JSC "Konsultbankir" Publishing house, 2000. 23p.