Московский журнал международного права (Jul 2020)
Typology of Interaction between the International Financial Law and the EU Law
Abstract
INTRODUCTION. Interaction between different legal systems is a substantial challenge for the international law science. Such an interaction becomes even more specific in integration states’ associations which peculiarity is direct effect of the legal acts of such associations with regard to individuals. The article examines various approaches to the interaction between international financial law as a brunch of international law and the EU law. Author outlines different types of the interaction.MATERIALS AND METHODS. Author researched different types of the interaction on the basis of legal empirical materials in the sphere of finance including international agreements, court decisions, recommendations and working documents. Th methodological basis of the research contains general scientific and special methods including logical, historical, analytical comparative and prognostic methods.RESEARCH RESULTS. Interaction typology can be made on the basis of various criteria. International financial law and the EU law use a model of interaction between general and special regime of international law as well as a model of implementation of international law in a domestic legal system. The first model has been applied in two cases. When the European Economic Community was established and when mew Members entered in it (genesis interaction) as well as when Member state left the EU (terminal interaction). In the course of current functioning of the EU gives the priority to the second model. The latter contains two methods of interaction: incorporation and reference. Incorporation of soft law rules has specific features since it may be realized not only via legal instruments but also via recommendations of the EU institutes and bodies.DISCUSSION AND CONCLUSIONS. Basing on the analysis of rule-making and application of law in the EU finance sphere author argues the distinction between monism and dualism is performed using the criterion of the self-execution of international agreements. Interaction of international financial law and the EU law is pursuing on the level of principles and global ideas and values of contemporary world. These principle and values may be declared in the framework of international fora and organizations. Interaction is pursuing on the level ‘general international law and the EU law as a whole’ as well as on the level ‘international financial law and the EU financial law’.
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