Dosymbekova M. S. Cand.Jur.Sci., associate professor

departments of international law

KazNU named by al-Farabi,

Toktybekov T.A. Cand.Jur.Sci

Evolution of the International Customs Law

Taking into account the called and other priorities facing the states cooperating among themselves on customs questions also there is a further development of the international customs law. Now the system of the norms forming it represents already tens international treaties of universal character developed under the auspices of Customs Cooperation Council (nowadays - World Customs Organization), contracts through the UN and its specialized institutions including these or those customs questions and the numerous regional and bilateral contracts of the states on various questions of customs affairs. So, in the textbook "International law" (1995) under the editorship of the prof. G. F. Ignatenko in the section "Customs Cooperation" it is noted that norms of the international customs law contain both in trade agreements, and in special agreements on customs questions. These agreements include:

a) definition of the general directions of customs cooperation;

b) establishment of uniform rules of customs registration and standardization of customs documents;

c) regulation of types, forms and methods of customs control;

d) coordination of lists prohibition for import (export; goods;

e) unification of customs privileges;

e) a regulation of relationship between customs authorities, including rendering legal aid [1, C.224].

All this testifies that now about the international customs law it is possible to speak and as about part of the general positive international law and as about area of scientific knowledge and a subject matter "The international customs law". In the latter case the system of consideration of norms and concepts of the international customs law accepted in the real work can't be considered, of course, coinciding with system of positive legal material in this area, but the system stated below as it is represented, nevertheless reflects the main tendencies of real legal regulation of the interstate customs relations.

Now questions of international legal regulation of the customs relations of the developing states for formation of a new international economic order are of particular importance. Considering that the developing states still remain in the sphere of the international system of managing of the states with market economy, is obvious that need of various special programs for development of developing countries in principle admits the world community within the world economy and allows to increase own contribution of these countries to the international division of labor.

Attempts of developing countries to change the existing international and economic system by carrying out through General Assembly of the United Nations in May, 1974 at the VI special session of resolutions on a new international economic order and the resolution which approved the Charter of the economic rights and obligations of the states in September same for the about XXIX years of regular session of the United Nations General Assembly didn't give due effect. Actually these documents contained requirements of redistribution of the world income in favor of developing countries thus that these countries didn't assume the obligation effectively to use resources from the outside.

At the same time the most part of developing countries entered the coordination relations with the mother country through the system of the general preferences giving them some additional opportunities in the western markets, and in particular through participation of the countries of Africa and the Caribbean Region in the international economic organizations [2, C.35-36], more susceptible to universal tendencies of development. It first of all concerns questions of customs policy and international legal regulation of the sphere of trade in the raw materials which are the main export article of developing countries; problems of sale of their industrial output in the markets of industrially developed states with market economy, and also problems of tourist exchanges and economic integration.

For the effective solution of the problems stated above it is necessary to eliminate artificially created discrimination customs restrictions of both tariff, and not tariff character from the sphere of the international customs relations.

In the world community under the influence of the general economic world relations there is an integration of the right as by development of its general norms and principles, and on the basis of regional or bilateral agreements, development of the norms and principles operating in the states of various social and economic systems. Internationalization of various aspects of life of society, emergence of global problems of mankind also cause the directions of integration communications in the international system in general. Processes of integration and differentiation bypassed also modern international law. Influence of scientific and technical progress made possible an otpochkovaniye from it other branches of the right.

In system of international law there were new branches of international law and area of legal regulation of the international legal relations, such as: space right, nuclear right, medical right, nonconsumptive right, humanitarian law, river right, railway right, economic right, right of tourism and travel, right of scientific and technical cooperation, ecological right, customs right, bank right, etc.

International right-it is system of the precepts of law governing the relations between the states in the course of their cooperation. That is international right-it is set of the precepts of law and the principles governing the relations not only the states, but also other subjects of the international communication.

Therefore, international law — a standard subsystem of the international system, special, other than legal systems of the concrete states. The subject of regulation other than a subject of regulation of the internal law has international law. These are the interstate relations in the broadest sense, i.e. the relations between all subjects of this system of the right. If the international law in general regulates all spheres of the international relations, the international customs law — interstate communications only in special area of their relations arising in the course of movement through customs border of goods, natural persons, subjects, services and the capitals [3, C.21].

Now in the course of formation of a new international economic order in International treaties the principle of obligatory carrying out in life of national and international tariff policy in the direction of implementation of the international division of labor according to requirements and interests as developing countries, and all international community in general gains the development. This principle is legal expression of a compromise of the states of the different social and economic systems located in various geographic latitudes and carrying out the international customs relations on the basis of the contracts providing unequal rates of customs taxation, types of customs privileges, customs formalities, customs regulations and customs policy.

Literature

1. Ignatenko G. F. International law, M. 1995, S.448

2. Obminsky E.E. Global interests and national egoism. Economic aspect. 2001 of Page 340

3. Zamora S. Is there customary International Economic Law. "Jahrbuch fur Internationales Recht". Century, 1989; Osterreichisechrs Handbuchdes Volkerrechts. Wien, 1997.