Correlation between the Jurisdiction of the Court of the EAEU and the Jurisdiction of International Judicial Institutions
The article examines the complex problem of the concurrent (competing) jurisdiction of the Court of the Eurasian Economic Union (hereinafter – EAEU Court) with other international judicial institutions.
This problem is getting more important in connection with the fragmentation of modern international law, the increasing number of judicial institutions which, when making decisions, adhere to their own legal positions, contradicting with the legal provisions previously established through court decisions of other integration associations in the identical disputes, which sometimes become crucial for states and international organizations.
In our opinion, this phenomenon can become a destabilizing factor for the settlement of disputes arising among member states of the Eurasian Economic Union (hereinafter - EAEU) and subsequently for the successful functioning of the EAEU Court. Given the similarity of objects of legal regulation, member states of the EAEU have the right and opportunity to appeal to other international judicial institutions. This is due to the fact that the Treaty on the EAEU does not cover the issues of the priority of decisions of the Court and does not contain provisions in respect of dispute resolution mechanisms in cases where identical disputes can be simultaneously considered in other international judicial institutions. Unlike the member states, other states or other persons who apply to the court of the Union, have the right to apply for protection to the judicial authorities of other integration associations. The key aspect of our study is a comprehensive analysis of the essential characteristics that define the extent of the interference of the mutual influence of the EAEU Court with other international judicial institutions.
 Malashko, A.P. 2016. Sootnoshenie mekhanizmov razresheniya sporov, predusmotrennykh statei 19 Dogovora ‘O zone svobodnoi torgovli ot 18 oktyabrya 2011 goda’ [ Ratio of Dispute Resolution Mechanisms under Article 19 of the Treaty on Free Trade Zone Dated October 18, 2011]. http://sudsng.org/download_files/publication/2016 (accessed February 23, 2018).
 Neshataeva, T.N. 2015. Evropeiskaya konventsiya i integratsiya integratsii: rol sudov v preodolenii fragmentatsii mezhdunarodnogo prava [The European Convention and the Integration of Integrations: The Role of the Courts in Overcoming the Fragmentation of International Law]. http://courteurasian.org/ (accessed February 23, 2018).
 Reshenie Kollegii Suda Evraziiskogo ekonomicheskogo soobshchestva ot 5 sentyabrya 2012 goda ‘Po zayavleniyu OAO ‘Ugolnaya kompaniya ‘Yuzhnyi Kuzbass’ ob osparivanii punkta 1 Resheniya Komissii Tamozhennogo soyuza ot 17 avgusta 2010 g. No. 335 ‘O problemnykh voprosakh, svyazannykh s funktsionirovaniem edinoi tamozhennoi territorii, i praktike realizatsii mekhanizmov Tamozhennogo soyuza’ [The Decision of the Board of the Court of Eurasian Economic Community dated ‘On Application of OJSC ‘Coal Company ‘Southern Kuzbass’ on Contesting Paragraph 1 of the Decision of the Commission of the Customs Union dated August 17, 2010 No. 335 ‘On Problematic Issues Related to the Functioning of Single Customs Territory and the Practice of Implementation of Mechanisms of the Customs Union’]. (2012, September 5). http://online.zakon.kz/ (accessed February 23, 2018).
 Shany, Y. 2003. The Competing Jurisdictions of International Courts and Tribunals. Oxford: Oxford University Press: 4.
 Smbatyan, A.S. 2010. Vliyanie konfliktuyushchego tolkovaniya i praktiki vybora ‘udobnogo suda’ na edinstvo sistemy mezhdunarodnogo prava [Impact of Conflicting Interpretations and Practices of the Selection of ‘Convenient Forum’ on the Unity of International Law]. Rossiyskii yuridicheskii zhurnal, 1 (70), 42-51.
 Smbatyan, A.S. 2013. Konflikt yurisdiktsii organov mezhdunarodnogo pravosudiya kak otritsanie ikh vzaimosvyazei [Conflict of Jurisdictions of International Judicial Agencies as the Denial of Their Interrelations]. Rossiyskii yuridicheskii zhurnal, 5 (92), 26-36.
 Solntsev, A.M., Golubev, V.V. 2013. VTO i regionalnye integratsionnye obedineniya: konkurentsiya yurisdiktsii i primenimykh printsipov prava pri razreshenii mezhgosudarstvennykh sporov [WTO and Regional Integration Associations: Competition among Jurisdictions and the Applicable Principles of Law in the Resolution of International Disputes]. https://cyberleninka.ru (accessed February 23, 2018)
 United Nations Office of Legal Affairs. 2009. Fragmentatsiya mezhdunarodnogo prava: trudnosti, obuslovlennye diversifikatsiei i rasshireniem sfery okhvata mezhdunarodnogo prava [Fragmentation of International Law: Difficulties Arising from the Diversification and Expansion of International Law]. http:legal.un.org (accessed February 23, 2018)
 World Trade Organization. 2003, April 22. Argentina – Definitive Anti-Dumping Duties on Poultry from Brazil. Report of the Panel WT/DS241/R.
 World Trade Organization. 2006, March 6. Mexico – Tax Measures On Soft Drinks and Other Beverages. Report of the Appellate Body WT/DS308/AB/R.
 World Trade Organization. 2007, December 3. Brazil – Measures Affecting Imports of Retreaded Tyres. Report of the Appellate Body WT/DS332/AB/R.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.