The article deals with various legal models of integration associations of Eurasia and Latin America. The authors argue that the model of integration association is based on a set of attributes (purpose of integration, system of bodies and its’ competence, procedure of decision making, depth of economic and legal convergence, etc.). One of the characteristics of a model of integration association is a type of cooperation: coordination or supranational. Integration associations differ depending on a particular form of economic integration (free trade area, customs union, common economic space, common market, economic union, etc.), which also characterizes the individual model of each of the integration union. Organization of American States is characterized as a union of a coordination type of cooperation. Mercosur is an international organization of coordination with several supranational features. The model of the Andean Community is seeking for a supranational type. The evolution of Latin American integration communities depends primarily on the political and economic factors. There are new models of integration communities based on the agreements between several regional blocs. The forms of the Eurasian economic integration are the customs union, the common economic space, forming common market. The Eurasian Economic Union tends to the supranational association. Based on the research conducted using the formal-legal, comparative and historical-legal methods the authors formulate conclusions about the trends, challenges and prospects of further development of integration processes in the Eurasia and Latin America.
The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband, G. Rickert, P. G. Natorp. It is expressed the idea that any axiological analysis should be cultural-historical, because the relation to human values were and remain different in different periods of human history. The author notes that international law is based on the universally valid for all mankind values. They are reflected in the generally recognized principles of international law, customary international law, the universal conventions and declarations. The government and the international community were recognizing gradually the universally significant values. The crisis of international political relations at the present stage threatens the existence of fundamental principles of international law and the values protected by them. However, with the development of globalization, we can talk about the formation of new values — the regional cooperation of states for the achievement of the common good. States are forced to participate in regional integration projects in order to be able to confront the challenges of globalization and to trade with other countries in terms of global competition. The value of integration is gradually “wires” in life through activities of bodies and international officials of interstate integration associations. However the principles of regional integration and cooperation, which include liberalization of the market, free movement of goods and services, non-discrimination of participants trade, are not always clearly interpreted and applied by supranational courts; some basic guidelines are only produced. The interaction of states should be based on common elements of the legal culture, as well as on the idea of the unity of kindred peoples laid down in the legal consciousness. Otherwise integration projects may not enjoy the support of the citizens.
The author investigates certain methodological problems of studying international integration. Complication of social relations and appearance of new integrated legislation branches testify to the necessity of using an interdisciplinary approach in the legal science. Such approach suggests taking into account the knowledge of various sciences in order to get an idea of the object under study and can be applied for studying international integration as a general scientific category. But modern legal studies should be based on an intersectoral method as well. Due to the development and deepening of integration processes a need arises in new methodological methods which allow investigating sets of norms, that promote the integration process (integration law). While studying international integration it is necessary to take into account the increasing convergence of private and public law, which means that as such it is necessary to use both private-law and public-law methodology.
The article deals with the formation of harmonized legal framework as part of integration associations of Eurasia and Latin America. The article states that harmonization and unification of private international law is of particular importance for achieving the objectives of economic integration. The authors analyze the methods of harmonization of law in Mercosur. Harmonization of law is achieved in various ways, for example, through unification of law which permits to develop a uniform enactment for all States. Meanwhile, the method of simple convergence, coordination of national legislation of the Mercosur member states is used. The authors distinguish between the sources of primary and secondary law of the Eurasian Economic Union. The authors conclude that unlike the Commonwealth of Independent States where unification and harmonization cover private and public law, the convergence of legal systems of the member States of the Eurasian Economic Union deals mainly with public law issues. Along with strict public law regulation within the Eurasian Economic Union, the authors propose the formation of flexible private law rules contained in the soft law, and the Principles of the Eurasian private law can serve the basis for that. The authors note that one of the objectives of harmonization and unification of the law of integration associations is the formation of the community law – an autonomous legal system which is applied on the basis of the direct action principles, direct application and the supremacy over domestic law. Following the results of study the authors conclude that the majority of the integration associations in Latin America and Eurasia are only on the way toward the community law formation.
Human rights and freedoms and the guarantees of their security acquired the significance of the core values of the legal process within the individual States and at the level of inter-state relationships. Integration processes and the creation of inter-state associations have had a significant impact on the development and effectiveness of systems to guarantee the rights and freedoms at the national, regional and global levels. Throughout the second half of the XX century, there is an active formation of systems of human rights protection in the various inter-state entities. The most ambitious of its distribution in space and effective in the context of the human right’s promotion are the European and Inter-American systems of human rights protection. The advantages of the regional human rights protection systems in comparison with the universal mechanisms to support them are: the availability of special territorial and legal space for human rights; the establishment of a list of standards for the protection of the rights and freedoms that are essential for the maintenance and sustainability of socio-cultural, political and economic ties within the appropriate space; the functioning of the interconnected competent supranational structures and institutions to provide within a specific territorial and legal environment protection of the rights and freedoms of the individuals. The protection of human rights is becoming a factor of the unification of the national legal order through the establishment of human rights standards within the legal space, covering a significant number of countries with common cultural, historical, political and legal traditions.
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