<<
>>

THE CONCLUSION

1. During the carried out research it has been established, that historical formation of integration processes is connected with a combination of two kinds the politician - a protectionism and free-trade policies.

The majority of the countries of the world for today participate in integration processes by means of the conclusion of agreements on creation of the free trade zones.

2. In the present dissertational research integration is understood as process of expansion of economic space at the expense of the conclusion of the international trading agreements. Integration into dissertational research is considered as continuously lasting process including following stages, connected with the conclusion of special international treaties: about the free trade zone, about the customs union, about the general market, about the economic union, about full economic and political integration. The free trade zone is understood as a stage or the level of integration expressed in the prisoner between participants of integration process the agreement on creation of the free trade zone which establishes concerning the inventory specified in the agreement and services low level of tariff restrictions and quotas with the subsequent cancellation of those, or initially establishes absence of tariff restrictions or quotas on the inventory specified in the agreement and services.

3. It is proved, that the free trade zone as the economic integration stage, includes two aspects. The first aspect consists available the special international agreement where as one of the parties the state acts, and another - the state or integration association. The second aspect consists that such agreement consolidates in itself both positions about trade liberalisations, and protectionism elements, providing balance of interests of the parties between protection of national economy and reception of profit on access on the foreign markets.

4. A number of criteria of classification of agreements on creation of the free trade zones is developed, in sootetstvii with which it is obviously possible to allocate their following kinds:

- On an association legal status agreements on creation the free trade zones concluded between the states, between the state and integration association, between two integration associations and agreements on creation of the free trade zones, consolidated with the economic union in the general market are allocated;

- In directions of activity of the free trade zones the agreements focused exclusively on decrease of the customs duties and liberalisation of trade and focused on widespread cooperation concerning economic development, attraction of investments, cooperation in the field of power, ecology, migrations are allocated;

- Under the characteristic and the competence of bodies of the free trade zones the agreements providing constantly and changeably operating bodies of the free trade zone, constantly operating courts of justice and collected for the decision of concrete disputes arbitration groups are allocated;

- On presence of regulatory legal acts of association the free trade zones functioning only on the basis of prisoner SSZST and the free trade zone in which a number normativnopravovyh certificates to execute prisoner SSZST is accepted are allocated;

- By kinds of mechanisms of the resolution of disputes are revealed SSZST, providing only procedure of arbitration proceeding and conciliation procedures, and SSZST, having constantly operating judicial organy. - on a parity with national legal systems demanding acceptances at national level of special regulatory legal acts to execute their positions are allocated SSZST, assuming direct action for territories of member states and SSZST;

- On a parity with the WTO right agreements are allocated,

Providing the exclusive jurisdiction of bodies under the resolution of disputes of the agreement on creation of the free trade zone and providing a choice between body of the resolution of disputes of the agreement and body of the resolution of disputes of the WTO.

Also the agreements including the references to norms of the WTO and directly ordering a priority of norms of the WTO over norms of the agreement on creation of the free trade zone are allocated.

5. It is proved, that in agreements on creation of the free trade zones there are some mechanisms of the resolution of disputes: a conciliation procedure which can include carrying out of consultations, dialogue, good offices and negotiations, both arbitration proceeding and provided by a number of agreements the reference mechanism in constantly operating courts of justice.

6. Between different regional integration associations or between integration association and the state, its not being member, the tendency to complication of the mechanism of the resolution of disputes in agreements on creation of the free trade zones is revealed.

7. The carried out research has allowed to establish, that agreements about

Creation of the free trade zones act as the special mechanism of legal regulation of multilateral trading system in relation to the mechanism of legal regulation of the WTO. Bases of multilateral trading system and the general international legal regulation of trading processes is carried out within the limits of the WTO. Before the states there is a problem of the organisation of current legal regulation of more and more becoming complicated economic relations, including not

The WTO settled by means of norms.

8. It is proved, that the legal system of the WTO and the legal regimes created by agreements on creation of the free trade zones, correspond as the general and especial, accordingly, positions of agreements on creation of the free trade zones should be based on positions of the WTO and not contradict them regarding joint legal regulation. Regarding the legal relations which have been not settled by rules of the WTO, two specified systems exist as independent from each other and make against each other mutual impact if at the resolution of disputes there is a question on an applicable law.

<< | >>
A source: BELSKY EKATERINA IGOREVNA. INTERNATIONAL LEGAL REGULATION of the FREE TRADE ZONES And MECHANISMS of the PERMISSION of CONTRACTUAL DISPUTES. The dissertation on competition of a scientific degree of the master of laws. Moscow -. 2018

More on topic THE CONCLUSION:

  1. the Conclusion
  2. THE CONCLUSION
  3. THE CONCLUSION
  4. the Conclusion
  5. the Conclusion
  6. the Pathomorphologic conclusion
  7. THE CONCLUSION
  8. THE CONCLUSION
  9. THE CONCLUSION
  10. THE CONCLUSION
  11. THE CONCLUSION
  12. the Conclusion
  13. THE CONCLUSION
  14. the Conclusion
  15. THE CONCLUSION
  16. THE CONCLUSION