THE EAEU COURT: BETWEEN FREE TRADE AND THE RIGHT TO LIFE

English
Year: 
2025
Issue number: 
2
Author: 
Islyamova Adilya
Master’s student of the Faculty of Law of the Kazan (Volga Region) Federal University (Kazan)
Resume: 

The article is devoted to the unresolved conflict between the economic freedom of movement of goods in regional integration associations and fundamental human rights violated by trade blockades. Using the example of the Court of the Eurasian Economic Union (EAEU) a hypothetical situation is considered, when one member state imposes an economic blockade against another under the pretext of «political expediency». The Court recognized such a blockade as a violation of the right to freedom of movement of goods and more importantly an indirect violation of human rights (shortage of medicines, rising prices, deterioration of public health). Drawing on doctrinal sources, international guidelines and case law of the European Court of Human Rights (ECtHR) the article substantiates the need to introduce the proportionality test and human rights control into the activities of the EAEU Court. In conclusion the author proposes ways to reform the legal status of the EAEU Court in order to expand its competence in the field of human rights protection in the context of economic conflicts between the member states.

Key words: 
EAEU, EAEU Court, economic sanctions, blockade, right to life, right to health, freedom of movement of goods, proportionality, unilateral coercive measures

References

Cannizzaro E., Palchetti P. (2018) Proportionality in International Law: A Comprehensive Test. In European Journal of International Law, vol. 29, no. 3, pp. 789–812.

Chetverikov A. O. (2023) Sud EAES: quo vadis? Predely pravozashchitnoy funktsii v ekonomicheskoy integratsii [The EAEU Court: quo vadis? Limits of the human rights function in economic integration]. In Mezhdunarodnoe pravosudie, no. 2 (38), pp. 55–70.

Seitimova V. Kh. (2015) O nekotorykh voprosakh kompetentsii Suda Evraziyskogo ekonomicheskogo soyuza [On some issues of the competence of the Court of the Eurasian Economic Union]. In Evraziyskiy yuridicheskiy zhurnal, no. 8 (87), pp. 36–40.