Problematic issues of the enforcement of decisions of the Court of the Eurasian Economic Union: experientia docet

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Author: Olga Kadysheva

DOI: 10.21128/2226-2059-2024-1-56-74

Keywords: International Court of Justice; WTO DSB; EEU Court; execution of decisions; EEC discretion

Abstract

The growth in the number of international courts and the decisions rendered by them has moved issues of enforcement of those decisions from the category of speculative to the practical plane. The common juridical approach to these issues, according to which the enforcement of such decisions by states is simply implied by virtue of the principle of pacta sunt servanda, has not been acceptable in order to explain that all international courts, without exception, are to some extent faced with the problem of enforcement of their decisions. The analysis and generalization of the empirical material already accumulated, which has been facilitated by the openness and publicity of international justice, has resulted in the emergence of numerous studies on both the general issues of enforcement of international court decisions and the specifics of enforceability in relation to individual international courts (the International Court of Justice, the Court of Justice of the European Union, the WTO Dispute Settlement Body). The Court of the Eurasian Economic Union, which has also accumulated some experience in this regard during the first nine years of its activity, is no exception. At the same time, the ambiguous, in our opinion, approach of the EEU Court itself to the issues of legal consequences and enforcement of decisions has come into a certain contradiction with the position of the Constitutional Court of the Russian Federation, which also requires appropriate analysis and comprehension. The proposed in this article study of the mechanism of enforcement of decisions of the EEU Court, set forth in the Statute of the Court, as well as the approaches of the Court itself to these issues, is based on certain doctrinal postulates, which represent a needed foundation for analysis and allow a comprehensive approach to the consideration of the problems of legal consequences and proper enforcement of decisions of the EEU Court.

About the author: Olga Kadysheva – Candidate of Sciences (Ph.D.) in Law, Associate Professor, Department of International Law, Moscow State University, Moscow, Russia.

Citation: Kadysheva O. (2024) Problemnye voprosy ispolneniya resheniy Suda Evraziyskogo ekonomichesko­go soyuza: experientia docet [Problematic issues of the enforcement of decisions of the Court of the Eurasian Economic Union: experientia docet]. Mezhdunarodnoe pravosudie, vol. 14, no. 1, pp. 56–74. (In Russian).

References

Chayka K.L. (2020) Ispolnenie resheniy Suda Evraziyskogo ekonomicheskogo soyuza kak uslovie effektivnosti sudoproizvodstva [Execution of decisions of the Court of the Eurasian Economic Union as a condition for the effectiveness of legal proceedings]. Gosudarstvo i pravo, no.9, pp.92–101. (In Russian).
Huneeus A. (2013) Compliance with International Court Judgments and Decisions. University of Wisconsin Law School Legal Studies Research Paper no.1219. Available at: https://ssrn.com/abstract=2198595 (accessed: 02.02.2024).
Ispolinov A. (2017) Ispolnenie resheniy mezhdunarodnykh sudov: teoriya i praktika [Compliance with the judgments of international courts: theory and practice]. Mezhdunarodnoe pravosudie, vol.7, no.1, pp.45–67. (In Russian).
Ispolinov A.S. (2016) Statut Suda EAES kak otrazhenie opaseniy i somneniy gosudarstv — chlenov Evraziyskogo ekonomicheskogo soyuza [Statute of EAEU Court as reflection of EAEU members concerns and doubts]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no.4, pp.152–166. (In Russian).
Ispolinov A.S. (2017) Chto skryvaetsya za broskim terminom “integratsionnoe pravosudie”? [What means loud term “integration unions”?]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no.3, pp.105–120. (In Russian).
Kadysheva O.V. (2022) Rol' konsul'tativnykh zaklyucheniy v mezhdunarodnom pravosudii i v praktike Suda EAES [The role of advisory opinions in international justice and in the practice of the EAEU Court]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no.1, pp.208–231. (In Russian).
Llamzon A.P. (2007) Jurisdiction and Compliance in Recent Decisions of the International Court of Justice. European Journal of International Law, vol.18, no.5, pp.815–852.
Myslivskiy P. (2023) Ispolnenie aktov Suda Evraziyskogo ekonomicheskogo soyuza: obzor pervykh problem i putey ikh resheniya [Execution of acts of the Court of the Eurasian Economic Union: review of the first problems and ways for their solution]. Zhurnal VShE po mezhdunarodnomu pravu, no.2, рр.43–54. (In Russian).
Tanzi A. (1995) Problems of Enforcement of Decisions of the International Court of Justice and the Law of the United Nations. European Journal of International Law, vol.6, no.4, рр.539–572.
Turner K. (2012) The Scope of Compliance Proceedings under the WTO Dispute Settlement Understanding: What Are “Measures Taken to Comply”? Asper Review of International Business and Trade Law, vol.12, pp.170–204.