The Court of the Eurasian Economic Union: Сompetence in Relation to Dispute Resolution and Advisory Function, Preliminary Reference Procedure
The Court of the Eurasian Economic Union has been functioning since 2015, and the practice accumulated during this time shows that the operation of this body is in high demand. It is intended to regularly solve disputes and provide advisory opinions, in which it clarifies the Union Law. However, some of the existing rules and competences of the EAEU Court may already be rethought and supplemented.
The research (in Russian) presents proposals for improving and developing the competence of the EAEU Court in relation to dispute resolution and advisory function, as well as preliminary reference procedure. It also supports certain initiatives from practice and doctrine and gives additional recommendations for their implementation.
Dr. Aleksei Petrenko, Senior expert of the ICLRC and author of this paper, presented some aspects of the research in Minsk at the VII International Conference of the EAEU Court in November 2024. The paper based on this presentation is being prepared for publication in the traditional annual conference book.
The International and Comparative Law Research Center has previously addressed this issue in the research paper on the qualifications of judges, selection, and termination of their powers, as well as recommendations for their improvement.
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Areas of professional expertise: Education In 2013, Aleksei graduated from the IKBFU (Kaliningrad). In 2015, he obtained an LL.M. degree with a specialization in international law from the University of Göttingen (Germany). He also completed an exchange semester at the University of Kiel (Germany). In 2024, the degree of Doctor of Law (Dr. jur.) was awarded following the defence of the dissertation at the University of Göttingen. The dissertation was written in the field of international law and concerned the right to regulate in investment and trade law. In 2016, Aleksei received the “International Law in the 21st Century” Award from the ICLRC. The previous year, the Society of International Economic Law highly commended his paper on WTO law in an essay competition on international economic law. Professional Experience From 2016 to 2017, Aleksei worked as a research assistant at the Institute of International and European Law at the University of Göttingen. Later, Aleksei joined the WTO Expertise Center in Moscow, where he handled inter-State trade disputes from 2017 to 2019. He was a member of the litigation team that achieved the first win in a WTO dispute initiated by Russia. Aleksei participated in over ten inter-State disputes, including panel and Appellate Body proceedings, representing complainants, respondents and third parties. He also took part in WTO committee meetings and conducted practical seminars on trade law for representatives of government agencies and large businesses. Aleksei has developed and taught law courses at three universities in both Russian and English. In 2022, he joined the School of International Law at the Faculty of Law of the Higher School of Economics (Moscow), as an Associate Professor, where he teaches subjects related to public international law. In 2024, Aleksei coached the winning team in the moot court competition «Dispute Settlement in the Eurasian Economic Union.» He also received a certificate of appreciation from the School of International Law (HSE University). Before joining the ICLRC, Aleksei worked with the Center as an expert, and in 2020, he officially became part of the team, focusing on issues linked to public international law.
Author of the monograph: Petrenko, Aleksei. The Right to Regulate in International Economic Law: Towards a General Theory with Lessons from the GATS / A. Petrenko. - Göttingen : Universitätsverlag Göttingen, 2024. - 227 p.