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Prospects for a New Basic Agreement between the EU and Russia. Paul Kalinichenko (Doctor of Law, Professor) Kutafin Moscow State Law University paulkalinichenko@mail.ru. Why the EU and Russia need the new treaty?.
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Prospects for a New Basic Agreement between the EU and Russia Paul Kalinichenko (Doctor of Law, Professor) Kutafin Moscow State Law University paulkalinichenko@mail.ru
Why the EU and Russia need the new treaty? • Russia has created the foundation of a market economy; the country has entered a period of economic growth, Russia joined the WTO; • The EU has created an economic and monetary union, introduced the single currency, the euro, increased its membership from 15 to 27, created mechanisms of a common foreign policy and a common security and defense policy. • Humanity has become convinced that the Cold War has been replaced not by harmony and peace among nations, but by a new wave of violence which has assumed the form of regional wars, ethnic conflicts, international terrorism and transnational crime; • The relations of partnership and cooperation between the EU and Russia have become daily practice. Moreover, their joint initiative - of creating four "common spaces" in the future - elevates the relations between the partners to a qualitatively new level.
Variants for the development of the EU-Russia contractual basis • Preparing a new agreement to fully supersede PCA as soon as it is signed and ratified by Russia, the European Union and its Member States. • Extending the PCA as stipulated under the Agreement's Article 106 until such time as the Parties deem it practicable to replace it with a new agreement(s). • Swiss model of integration “a la carte”
Official initiative 2006 • Russian initiative in spring of 2006 • The negotiations opened in july 2008 • 3 pauses: • Poland-Lithuania • South Ossetia conflict • Modern circumstances
The New Basic Agreement • Act of lex generalis • Mixed agreement • Should reflect the integrational luggage between the EU and Russia
European proposals • Common values • FTA Plus • Energy provisions
Russian proposals • New institutional framework • The Four Common Spaces • Investment guarantees
Structure of the NBA • General provisions • Common economic space • Common space of freedom, security and justice • Common space of foreign security • Common space of education and science, including cultural aspects • Institutional and final provisions
Modern circumstances • Russia joined the WTO • Russia is planning to join the OECD • Russia started the processes in the Framework of the Custom Union • Russia launched the negotiations on the FTA with the EFTA countries in 2010 • Russia is proposing the concept of the common market from Lisbon to Vladivostok