Legal and political nature of Eurasian integration
Kuupäev
2021
Autorid
Ajakirja pealkiri
Ajakirja ISSN
Köite pealkiri
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Tartu Ăślikool
Abstrakt
The Eurasian Economic Union was formed in 2015. After the establishment of the new
regional organisations, it triggered scientific engagements both from political and
economic circles. Although some legal scholars, both in Russia and the Western world,
researched some aspects of the EAEU from the institutional and substantive side, there
is still a lack of understanding of the EAEU as a separate legal order. This thesis
attempts to fill this gap by studying the EAEU through its own conceptual frameworks
of authoritarian supranationalism. Illustrating both the history and legal structure of the
Eurasian integration, the thesis highlights the different nature of the concepts that have
shaped the evolution of the EAEU. The thesis combines history, politics, and law to
demonstrate the sui generis essence of the EAEU legal order. For this purpose,
particular attention is given to supranational law-making, adjudication, and direct
applicability of the EAEU norms.
Methodologically, it opted for interdisciplinary research to appraise the EAEU as
comprehensively as possible. However, the main argumentation remained legal based
on doctrinal-legal research.
The thesis concludes that the Eurasian Union has a relatively distinct theoretical
background compared to other regional organisations. Thus, instead of illustrating the
EAEU institutions' dysfunctionalities compared to EU institutional law, the thesis
answers why the institutions of the EAEU have been shaped differently.
The thesis's primary claim is that the EAEU is a new sui generis case for comparative
international law predominantly based on Russian approaches to international law.
Therefore, it is another self-contained legal order and has the capability to consolidate
post-soviet Eurasian states around Russia and its illiberal understanding of international
law.