欧洲联盟与第三国缔结的结盟协定所提供的争端解决机制

Q3 Arts and Humanities
K. Smyrnova
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引用次数: 1

摘要

国际争端解决和国际关系都有着悠久的历史。所有欧盟联盟协议都有适当的争端解决机制,这些机制在一定程度上有所不同。本研究的主要任务是确定解决欧盟与乌克兰之间《结盟协定》中所列争端的国际法律机制。此外,该研究的目的在解决乌克兰-欧盟关于国家木材出口限制的贸易争端的过程中变得特别重要,这是乌克兰实践中的第一个争端。对欧盟与第三国合作的各种条约原则的比较表明,通过争端解决机制的运作对个人的最高级别保护是由协会协议描述的,其中一些协议甚至类似于“仲裁条款”。结果发现,比较分析的标准是争端解决机制的类型、协商程序和仲裁程序、调解程序和议事规则。根据这些标准,发现协会协议中关于协商程序和仲裁的规定几乎相同,但一些协议中仲裁范围较窄的除外。提交的协议中关于调解程序的规定几乎与《仲裁员行为准则》和《议事规则》相同,它们是各种协议中重复的模板文件。详细分析了欧盟与乌克兰、格鲁吉亚和摩尔多瓦之间的结盟协议,并描述了其共同和独特的特点。争端解决机制细节上的差异可能表明,当事方对争端的可能性和强度表示关切。乌克兰和欧盟关于解决争端的《联合协定》规定使用各种方法:协商、仲裁、设立仲裁小组。特别注意对第一个贸易争端案件的分析,该案件是根据与乌克兰关于原木出口的《联合协定》采用仲裁程序解决的
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Dispute Settlement Mechanisms Provided by the Association Agreements Concluded By the European Union with Third Countries
International dispute settlement and international relations both have a long history. All EU association agreements have appropriate dispute settlement mechanisms, which differ to some extent. The main task of this study is to determine the international legal mechanisms for resolving disputes included in the Association Agreement between the EU and Ukraine. Furthermore, the purpose of the study becomes especially relevant in the context of the process of resolving the Ukraine-EU trade dispute on national restrictions on timber exports, which is the first dispute in Ukrainian practice. A comparison of the various treaty principles of EU cooperation with third countries suggests that the highest level of protection of individuals through the functioning of the dispute settlement mechanism is described by association agreements, and some of them even resemble an "arbitration clause". It was found that the criteria of comparative analysis were the types of dispute resolution mechanisms, consultation procedures and arbitration procedure, mediation procedure and rules of procedure. According to these criteria, it was found that the association agreements contain almost identical provisions on consultation procedures and arbitration, with the exception of some agreements where arbitration is presented on a narrower scale. The provisions on mediation procedures in the submitted agreements are almost identical to the Code of Conduct for Arbitrators and the Rules of Procedure, which serve as template documents duplicated in the various agreements. The association agreements between the EU and Ukraine, Georgia, and Moldova are analysed in detail, and common and distinctive features are described. Differences in the details of dispute settlement mechanisms may indicate that the parties have concerns about the likelihood and intensity of disputes. The Association Agreement between Ukraine and the EU for the settlement of disputes makes provision for the use of various methods: consultations, arbitration, the establishment of an arbitration panel. Particular attention is paid to the analysis of the first case of a trade dispute, which is resolved with the use of the arbitration procedure under the Association Agreement with Ukraine on the export of raw wood
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