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The Legal Regime for Free Trade in the Commonwealth of Independent States


Whether through the framework of the Commonwealth of Independent States (CIS) or outside of it, the former Soviet republics continue to seek and depend on economic cooperation with each other, particularly in the area of trade in goods. This article examines the legal framework for free trade in the post-Soviet space and discusses its role in fostering effective regional cooperation. The focus is on the multiplication of regimes at the bilateral and multilateral (CIS) level—a particular blend of ‘à; la carte multilateralism’ and multiple bilateralism—and their respective features in terms of legal nature, substantive scope, and disciplining mechanisms, as well as the implications of their overlap. We find that both the bilateral and the multilateral regimes have undergone significant (often underestimated) development, and that the multilateral regime has generally sought to be more ambitious both in its substantive and institutional reach. Yet, both regimes can be described as ultimately weak and their overlap confusing. While a higher juridicization and comprehensive consolidation at the multilateral level of the CIS free trade regime may be recommended, we remain sceptical about its likelihood in the short and medium term.

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S Djankov and C Freund , ‘Trade Flows in the Former Soviet Union, 1987 to 1996’ (2002) 30 Journal of Comparative Economics, 7690

A Rahr , ‘Russia’ in V Tolz and I Elliot , The Demise of the USSR: From Communism to Independence (RFE-RL, London, 1995).

B van Selm , The Economics of Sovient Break-up (Routledge, London, 1997).

G Danilenko , ‘Implementation of International Law in CIS States: Theory and Practice’ (1999) 10 European Journal of International Law 5169.

J Pauwelyn , Conflict of Norms in Public International Law,(CUPCambridge, 2003)

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
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