Ponomarenko
D.A.- the student 4 courses of department of international law
the research supervisor Dosymbekova M. S. Cand.Jur.Sci., associate
professor
departments
of international law
KazNU
named by al-Farabi
Topical
issues of further development 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.