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§ 1.1. The international integration, the international integration associations and the international judicial mechanisms into the scientific doctrine

Questions of the integration right and integration justice cause the big interest in the domestic legal doctrine at the present stage in this connection by the present moment on the given subjects variety of valuable newest theoretical works and manuals [1] is developed.

In the western doctrine the integration right and justice became a subject of researches in earlier period. So, according to Petersmana E., at regional level integration economic educations have achieved considerable successes in an establishment of obligatory judicial jurisdiction concerning member states [2]. The given thesis brings the basic attention to the question: what themselves formations submit data and than feature of their judicial mechanisms is caused? For more accurate and certain designation of economic integration formations the is standard-legal turn gradually includes concept of the international organisation of regional economic integration, however, conventional definition of concept MOREI is not present. Thereupon there is a necessity to understand, that represents the given type of the international organisations, in what their essential signs and what of the current international organisations can be carried to that.

With that end in view we will address to integration theories. Integrum from the Latin means whole, integratio - restoration, completion [3]; integration - concept many-sided, used not only in jurisprudence, but also in many other things branches: including in physical and mathematical, biological, social and philosophical sciences. In the widest sense existence of international law as uniform and universal system of norms also is reflexion of process of world integration. According to the author, ekonomikopolitichesky the approach is the most capacious to the given phenomenon according to which it is possible to tell, that the international integration is a process with which help of the state eliminate barriers on a way to free trade and free moving of people through national borders with a view of decrease in intensity which can lead to the international conflict [4].

Formation of the international organisations of economic integration as type begins in the middle of the XX-th century. Global changes of the post-war world have given a push to integration processes, first of all, in the weakened and developing regions of the world. The term "integration" has been used for the first time in relation to the European states in 1948 on council OEES in Paris. The question on necessity «creations of prospering economy in the Western Europe by economic integration was brought up. Formation of the uniform big market on which quantitative restrictions of movement of the goods will be eliminated, currency barriers at calculations and further all tariffs» [5] should be essence of such integration. In many respects such approach has been caused by a condition of deep crisis of post-war Europe. The course on its association, put in pawn by the Plan of Marshall, promoted restoration of economy. The given plan provided monetary grants to all European states at observance of two conditions: the European states should be consolidated for distribution of the American help, and also gradually abolish trading barriers.

Integration processes have naturally concerned the countries which were at a stage of transitive economy, in such regions, as Latin America, and the regions of Africa released from colonial dependence and Caribbean basin.

The states aspire to integration, as to means of creation and maintenance of independent national economy, increase of a standard of life of the people and achievement of high level of economic development [6].

There is variety of the integration theories formulated by the western political scientists which often undertake on arms lawyers, including Russian. We will consider in the order of idea of the western and Russian scientists concerning the international integration.

So, sights of the western scientists at the international integration can be reduced to following basic theories: federalism [7], a functionalism and a neofunctionalism, the theory liberal mezhpravitelnostvennosti (liberal integovernmentalism) [8], the theory transaktsionalizma [9], the theory of multilevel management (multilevel governance) [10], the theory neotransaktsionalizma or nadnatsionalnosti [11].

The greatest interest for our research is represented by the theory of a neofunctionalism derivative of a functionalism. According to the functional theory of a world order offered by David Mitrani in 1930 and 1940, kollaboratsija, developed in functional spheres, in particular in economic, eventually should flow in political sphere and lead to liquidation of political barriers between the states. The neofunctionalism theory which authors are Ernest Haas and Leon Lindberg, unlike a functionalism, concentrates not on global, and on regional integration. Substantive provisions of the given theory are reduced to the following:

- Economic integration leads to political integration;

- nadnatsionalnye institutes of the European community will create in due course nadnatsionalnuju the program which will dominate over interests of member states;

- As a result the political union will amplify formation nadnatsionalnyh groups - political elite and corporations which will support the European integration, putting pressure upon the governments of the European states with a view of the further integration.

The neo-functional approach is constructed on «effect of transfusion» («spillover» effect). According to Lindbergu, «the effect of transfusion» concerns a situation in which the set main objective in a certain direction can be reached only acceptance of the subsequent actions in adjacent areas, in turn, demanding additional problems and the purposes [12]. Thus, there is an expansion of a subject of integration. Moreover, according to Haas E, creation of the general market is the optimum environment for integration to which concede also military alliances, the formations aimed at protection of human rights etc. [13]

The neo-functionalism has been rather claimed by theorists to 1970 as gave a satisfactory explanation to initial processes of the European integration. However together with stagnation of development of the European integration in 1970 and 1980 neofunktsionalisty have undergone to criticism, and popularity of the theory has soon run low. The reason was that fact, that forecasts neofunktsianalistov have found empirical acknowledgement, dynamics of integration processes has appeared weak and dependent on political peripetias. Thereupon Haas has declared that sights of a neofunctionalism more are not actual [14]. However ideas neofuktsionalizma have affected the theory of legal integration. So, Ann-Mari Sloter and Walter Matli have specified, that Haas has precisely foreseen, as legal integration [15] will be developed. Sloter and Matli have stated supervision as structures of the European system allow legal integration to develop by means of interaction between nadnatsionalnymi and national actors who function together for achievement of common interests. Leaning against a neofunctionalism, authors have truly explained, that the right of the European communities inevitably will lead to formation of new legal areas, together with development of a case law of Court of EU [16].

Thus, the neofunctionalism theory has kept the importance for an explanation of integration processes. Interest to it has increased again since 1990 simultaneously with creation of the European Union [17].

Along with the theories set forth above it would be desirable to refer to the integration theory offered by economists, considering regional economic integration as process of rapprochement of national economies, and also the degrees of integration presented at four levels (see in the second paragraph of the given research more in detail) [18]. Allocate, as a rule, three basic forms of economic integration interaction. The first and elementary level is the free trade zone which represents the arrangement between two or several states about elimination of tariff and not tariff restrictions in mutual trade. Examples: the European association of trade (EAST) and the North American free trade zone (NAFTA). On a step the customs union further moves ahead: At the given integration level of the state, on the one hand, eliminate tariff and not tariff restrictions in mutual trade, with another, establish the general tariff and not tariff protection in relations with the third states. The third level - the general market which means creation of the homogeneous economic environment and elimination of all restrictions on ways of free movement of business factors, namely, is fixed a recognition of four freedom - freedoms of movement of the goods, services, the capital and a labour.

In the domestic legal doctrine the international integration also was studied for a long time and at the moment a theme urgency, obviously, has increased in connection with dynamical development of regional cooperation which has led to establishment EAES in 2015 In the Soviet jurisprudence a phenomenon of the international integration was actively discussed from the end 1960, and also in later works of the Soviet period, for example, in Anufrievoj L. P's works (Principles of socialist economic integration. M, 1988; Socialist economic integration and the state sovereignty. M, 1988). It is necessary to notice, that the interstate

Integration was considered mainly from the ideological point of view and has been divided on capitalist and socialist.

In the early nineties with formation of the new Russian state the judgement of integrity and universality of the world, therefore ideological dualism of perception of the international integration begins remained in the past. Now there is discrimination to understanding of the phenomenon of integration, its interpretation in wide and narrow sense. At the same time it is possible to speak only about separate sights and opinions concerning the international integration into the Russian legal doctrine, than about the independent theories, similar themes which are formulated in the European science more likely. It is necessary to note, as the Russian scientists it is paramount connect the international integration with economic targets of the states, and some authors and at all consider integration as cooperation in economic sphere. For example, such approach was offered in one of the first works devoted to integration processes, by Kapustin And. JA [19], and also it meets in Ryzhov V. B's more modern works. [20] and Vylegzhanina A. N [21]

Shumilov V. M defines the international integration as process of association of the sovereign states for the purpose of an establishment of the expanded economic space in which various factors of manufacture [22] can freely circulate. Neshataeva T. N considers integration as the form of internationalisation of economic relations [23].

Bezborodov JU. S considers the international integration as process of association of systems by means of international legal means for the purpose of achievement of uniformity of the legal regulation, connected with activity pravosozdajushchih subjects in the international law, passing on universal and regional levels with use of specific legal methods in different forms [24]. As Tsygankov P. A has noted, economic integration has in the basis economic linkage within the limits of currency, customs relations [25].

As the alternative approach to the international integration it is possible to designate an interdisciplinary method with a support on sociological aspects of integration which adheres in Kutejnikov A. E's works [26].

In the scientific doctrine it is possible to meet classification of the international integration by a geographical principle - on regional, universal; and by a subject principle - on economic, educational, political etc. [27]

From here follows, that the international integration is a complex phenomenon which involves changes in institutsionalnoj and legal systems irrespective of the fact which the purpose underlies separate association. As some authors mark, political and economic integration are in dialectic unity, are two parties of process of integration of the states [28]. It means, that political and economic processes are in a sense inseparable and vzaimoobuslovleny. In this connection, addressing to subject classification, we will notice, that it is a question of integration process to which integrated approach is peculiar. At the same time a number of authors nevertheless considers economic cooperation as a basic component of interstate integration. So, Matveevsky JU.A. Sees display of the international integration in association of group of the countries in special, first of all, the trade and economic complex incurring to some extent management by process of functioning in various areas of parts constituting it - national states [29]. The given author divides the point of view neofunkitsonalistov, considering the international integration, as ascending process from more simple forms of integration characterised by weak degree integrirovannosti of the states, to more difficult and to the uniform state as to hypothetical result of this process [30].

Thus, having considered the most relevant concerning our object of research theoretical aspects of integration, it is possible to allocate some key theses.

Both western, and the Russian scientists consider the international integration as the specific form of interaction of the states. The big attention is given to cooperation in economic sphere, and economic interests are considered as motive power on a way of integration to other spheres of social system. To the integration processes developing in various regions of the world, certain law of transition from more simple to more difficult and developed forms of interaction, and also the expansion of a subject of activity connected with it that is reflected as well on legal, and institutsionalnoj structures of the international organisations is peculiar.

Passing from theoretical reasonings to empirical supervision, we can establish, that at the moment in all regions of the world there are international associations of economic character. On official data of the WTO, regional trading agreements get prevailing value from the beginning 1990, by April, 2015 GAAT/VTO has received an order of 612 notices on regional trading agreements, among which 406 in force [31]. Thereupon we will address to a database of system of the WTO which contains the fullest list of the information concerning regional trading agreements. According to WTO data, regional associations are conditionally divided into 11 zones, however many integration associations are duplicated and specified repeatedly in two or three various zones. To avoid duplication, we will allocate the basic regions where economic integration develops: Ocenia, the North America, Central America, the South America, Europe, the CIS (the Euroasian region), the Western Asia, East Asia and Africa. The majority of regional trading agreements are the bilateral free trade zones. The advanced forms of economic integration, such as customs unions and the general markets, represent more an unusual occurrence. We will consider for presentation the largest trading associations consolidating three and more states, located in the above-stated zones.

In Ocenia the largest regional trading formation is the free trade zone ASEAN - Australia - New Zealand (AANZFTA) (the contract from February, 27th, 2009).

In the North America - the North American agreement about free

To trade from December, 17th, 1992 (NAFTA) which participants are the USA, Mexico, Canada.

In Central America - the Caribbean community and the general market (KARIKOM), formed on the basis of G eneralnogo agreements on the Tsentralnoamerikansky general market from December, 13th, 1960

In the South America two associations, in which basis the general market - the Andsky Community of the nations created and the South American general market (MERKOSUR), founded by the contract from the March, 26th, 1991 which participants are Argentina, Brazil, Paraguay and Uruguay.

In the European region there are following associations. The European Union consolidating 28 European states in which basis the contract on the European community from the March, 28th, 1957 lays, the founding general market.

The European association of free trade (EFTA) is founded by the Stockholm convention from January, 4th, 1960 and for today establishes the general market between Iceland, Liechtenstein, Norway and Switzerland [32].

The European economic area (EEA) is created between EU, on the one hand, and EFTA, i.e. Switzerland, Liechtenstein, Norway and Iceland, on the other hand. Represents the general market between two specified blocks. G ovorja about structure of the given association, in it there is no the court of justice, all disputes are resolved by vessels of EU and EFTA accordingly [33].

The Tsentralnoevropejsky free trade zone (TSEFTA) is founded on the basis of the contract from December, 21st, 1992, now consolidates Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Moldova, Republic Montenegro, Romania, Serbia, Macedonia, and Kosovo. The given commercial treaty serves as a preparatory stage to the introduction of the states of its participants into EU [34].

In region CIS, or the Euroasian region, - the CIS and the Euroasian economic union founded on January, 1st, 2015 Now by its members are Armenia, Belarus, Kazakhstan, the Kirghiz Republic, the Russian Federation.

In region of the western Asia the largest trading formation is the South Asian Contract on free trade (SAFTA) from the January, 6th, 2004, concluded between Bangladesh, Butane, India, Nepal, Pakistan, SHri Lankoj.

In region of East Asia - Transpacific strategic economic partnership. The contract establishing the free trade zone, has been signed by the first members on July, 18th, 2005, now includes Chile, New Zealand, Singapore, Brunei.

The association of the states of South East Asia (ASEAN) is formed on August, 8th, 1967, at the moment it includes Brunei Darussalam, Kambodzhija, Indonesia, Democratic Republic Lao, Malaysia, Mjanmar, Philippines, Singapore, Thailand, Vietnam. ASEAN includes three pillars: Voennopolitichesky community, Economic community and Welfare community. At the heart of economic community the free trade zone created on January, 28th, 1992 (AFTA) lays.

The African region represents certain complexity as, according to the WTO, totals the greatest quantity of associations which have submitted the notice on application concerning them articles XXIV GATT 1947

However associations of organizational type are: Economic community of the countries of the Central Africa (EKOTSAS), Economic community of the countries of Great Lakes (ESSVO), the General market of the countries of East and Southern Africa (KOMESA), the East African community (YOU), Economic community of the countries of the Western Africa (EKOVAS), the Union of the countries of the river Mano (MRU),

Community on development of the countries of Southern Africa (SADK), the Union of the Arabian countries of Maghrib (AMU), the West African Economic and Currency Union (VAEMU). Proceeding from data JUNKTAD, most intensively developing associations in region are YOU, EKOVAS, SADK, VAEMU [35].

YOU, the Contract on the East African community, has been signed on November, 30th, 1999 in Arusha between Republic Burundi, Kenya, Ruanda Connected by republic Tanzania and Republic Uganda. The general market is established between all five members YOU the report from the November, 20th, 2009, become effective on July, 1st, 2010 YOU has promoted further, having signed on November, 30th, 2013 the Report on an establishment of the Currency union YOU.

SADK - the contract on its establishment is signed in 1992, at the moment its members are 15 states: Angola, Botswana, Democratic Republic Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Sejshely, Southern Africa, Swaziland, Tanzania, Zambia, Zimbabwe. 12 from the listed states, all but Angola, Democratic republic Congo and Sejshely, consist in the free trade zone. Main objective SADK is creation of the general market [36] that has been planned to carry out by 2015 On a way to construction of the general market to the countries SADK it is necessary to enter before into full action the customs union, in what there is a certain complexity as to adjust the general external tariff with such considerable quantity of participants, each of which has the tariff system, long enough and difficult process.

EKOVAS it is created by the Lagosky contract on May, 28th, 1975 which has been reviewed in 1993, has the purpose to create the general market. Members of the given organisation are the countries: Benin, Burkina Faso, Kabo Verde, G ambija, G vineja, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leon, That.

VAEMU has been founded in January, 1994, its structure includes Benin, Burkina Faso, the Cat-d'ivuar, Guinea Bissau, Mali, Niger, Senegal and That. The purpose puts creation of the general market and the currency union [37].

It is necessary to notice, that in the African integration formations there is a problem of participation of the states simultaneously in the several regional organisations of the adjacent competence, and, as consequence, subject duplication of the given associations.

Intensive growth of number of the regional international organisations testifies to accruing deepening of world integration process [38].

Together with establishment of numerous interstate associations there was a creation of a considerable quantity of judicial institutes. Process of multiplication of number of the international judicial institutes has received the name in the doctrine "proliferatsija" [39]. Many of the given judicial institutes are not vessels in the true sense values of vessels, and is faster kvazisudebnymi establishments. For example, Shinkaretsky A divides classical international courts and courts of integration associations which possess properties of the kvazi-constitutional vessels [40]. Similar kvazisudebnye establishments have no constant judicial structure, often it is only provided in positions of international treaties of a rule of creation of arbitration ad hoc. The structure of quasi-judicial establishments can include not professional judges, and the arbitrators possessing certain knowledge concerning a subject of the case in point, otherwise other body of the international organisation allocated with political powers can execute arbitration function. As most bright example it is possible to address to formation of structures of arbitration groups ORS of the WTO which consider cases under the first instance. The given arbitration groups are founded ad hoc G eneralnym by council - an advisory body of political character which consists of the serving Ministries for Foreign Affairs or trade of all state-participants [41].

As truly, in our opinion, marks Giants of Ampere-second., there is a certain terminological uncertainty of the literature devoted to the international justice [42]. So, terms "courts", "tribunals", «the international judicial tribunals» and «bodies of the international justice» [43] are used. It is necessary to notice, that each of the given concepts in own way fairly as means by itself real establishments with the specific lines. Thereupon, would be incorrect to use concept "court" concerning all existing variety of judicial institutes while concept «the judicial mechanism» is the general both for actually vessels, and for institutes of judicial type. The similar approach also widespread in doktrinalnoj to the literature with reference to the international establishments [44]. In turn, the judicial mechanism includes following elements: Legal proceedings principles, structure and order of the organisation of the court of justice and its competence.

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A source: Huzihanova Asija Rustemovna. the Judicial mechanism of the international organisations of regional economic integration. The dissertation on competition of a scientific degree of the master of laws. Kazan. 2018

More on topic § 1.1. The international integration, the international integration associations and the international judicial mechanisms into the scientific doctrine:

  1. Regulation of public procurements in EU and in other international organisations and the international integration associations: rather-legal aspect
  2. features of the right regulation of public procurements in frameworks Association of the states of South East Asia (ASEAN) both other international organisations and the international integration associations of Pacific region
  3. 3.2. Participation of Russia in international legal regulation of trade by services within the limits of regional integration associations and within the limits of cooperation with regional integration associations
  4. CHAPTER 2. HISTORY of FORMATION And DEVELOPMENT of JUDICIAL MECHANISMS of the INTERNATIONAL ORGANIZATIONS of REGIONAL ECONOMIC INTEGRATION
  5. CHAPTER 3. LEGAL BASES of FUNCTIONING of JUDICIAL MECHANISMS of the INTERNATIONAL ORGANIZATIONS of REGIONAL ECONOMIC INTEGRATION
  6. 1.1. The international integration, its forms and modern lines. Features of subregional integration
  7. § 2.1. Formation of judicial mechanisms of integration associations during the period of 1950-1960th to 1990th
  8. § 2. Participation of the international organisations and integration associations in developmentof civil-law regulation of the foreign trade turnover of power resources
  9. § 3.1. Principles of the organisation and judicial business conducting in the international organisations of regional economic integration
  10. § 3.3. The competence of judicial institutes of the international organisations of regional economic integration of aspect of legal proceedings
  11. CHAPTER 1. The JUDICIAL MECHANISM AS FEATURE of the INTERNATIONAL ORGANIZATIONS of REGIONAL ECONOMIC INTEGRATION
  12. participation of Russia in international legal regulirovani international trade in services within the limits of the Customs union, the Euroasian economic community, the Organization of regional integration.
  13. Huzihanova Asija Rustemovna. the Judicial mechanism of the international organisations of regional economic integration. The dissertation on competition of a scientific degree of the master of laws. Kazan, 2018 2018
  14. §1.1. International legal theories of integration
  15. regulation of international trade by services within the limits of regional integration associations and the organisations (on an example of the European Union (EU), North American association of free trade (NAFTA), the Organizations of economic cooperation and development (OESR)
  16. § 5.1. Globalisation and the international integration
  17. §4. International legal bases of global integration
  18. the Teoretiko-methodical approach to management of integration of the organisation in the international educational alliance
  19. a judicial guarantee of application of international law the international regional courts of justice
  20. § 2. The general exceptions to the rules of international trade in the conditions of the Euroasian integration