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After the disintegration of the USSR, three
Caucasian countries became completely independent, and the integration
process in this region became possible. But there are many problems
that inhibit the full realization of this process, and no clear
prospect for a solution. One major problem is the development of
a single legal system for all three of these countries, which would
create a new phenomenon in the region, Caucasian Law. Being formatted
based on the consensus of Armenia, Azerbaijan and Georgia, the Caucasian
Law would foster the ability to facilitate numerous collaborative
processes, overcoming those many obstacles and problems, which arise
in the way of integration. Such phenomenon has been known to exist
since the beginning of the second half of the 20th century. The
intensive rate of the integration processes in the world throughout
out this time period has resulted in the constitution of new and
unique entities, which were formed at the juncture of domestic and
international laws.
Theoretically, the Caucasus region is an area with great prospects
thanks to its geographic position and abundance of natural recourses.
Consequently, one could suppose that the establishment of the Caucasian
Law would be an inevitable process. However, regional conflicts
such as the Nagorno-Karabakh conflict have made integration not
so palatable right now. For this matter though, we only need time
for the solution of the conflicts. To make it effective and tangible,
that is one of the main ideas of the Caucasian Law during the transition
in the Caucasus.
This integration process should be provided by the legal basis,
which promotes close cooperation between states.
It seems that the term of "Caucasian Law" should be used
in three senses. Firstly, the Caucasian Law is a set of the national
legal systems, juridical practice and dominating legal ideology
of three countries. Secondly, the Caucasian Law is a part of international
rules of law used to govern and dictate the interrelations in various
fields between these countries. In spite of this, after the solution
of this problem, there will be need for such treaties. And third,
the Caucasian Law may be created only after the creation of a regional
integration union in the Caucasian region (such as European Union).
The formation and development of the Caucasian Law can be divided
into three stages;
The first stage of the formation of the Caucasian Law should be
the approximation of national laws, regulations or administrative
practices in the countries. This harmonization will draw together
the legal systems of these three countries and become a key element
in the establishment and functioning of a common market in the Caucasian
region .Therefore, it is necessary to create a body (for example,
a tripartite commission), which will consist of representatives
of the legislative, executive and judicial bodies of Armenia, Azerbaijan
and Georgia. This commission will adopt, acting in accordance with
specified procedure referred to by the members states, measures
for the approximation of the provisions laid down by law, regulations
or administrative action in these states. The main aim of the Inter-parliamentary
Assembly of CIS is harmonization of national legislation. Since,
1992 till 1998 it adopted 63 model laws. It prepared 33 legal acts
for Kyrgyzstan, 26 for Byelorussia, 19 for Kazakhstan and 18 for
Armenia.
The second stage of the formation of Caucasian Law should be the
establishment of treaties between Armenia, Azerbaijan and Georgia,
which should be mostly tripartite. As it was mentioned before, there
are also some commercial treaties between Armenia and Georgia. The
treaties concern friendship, co-operation and mutual assistance.
And there are some commercial, trade, and economic treaties. The
list of spheres concerned by them should be wide. First of all,
there must be boundary treaties, then concerning economic and social
cohesion, transport, culture, education, energy, taxation, customs
issues, environment, human rights, etc.
Then, the stage of the formation and development of Caucasian Law,
the Trans-Caucasian countries should conclude treaties concerning
free movement of goods, persons, freedom of establishment, freedom
of providing services, free movement of capital and payments, competition
policy, tax provisions and approximation of laws. This will become
the basis for the establishment of the common market within the
Trans-Caucasian region.
The last stage is the ultimate realization of integration within
Trans-Caucasus. It means the establishment of an international treaty
between Armenia, Azerbaijan and Georgia, setting up the union of
Trans-Caucasian countries.
The Union will be nothing more than a new stage in the process of
creating an ever-closer union among the peoples of Trans-Caucasus.
Indeed, it is the ultimate objective of the Caucasian integration,
the precise scope of which is not determined in this essay.
The idea of the establishment of economical and political unity
of the Caucasian people and the necessity of their association (in
the federation of consideration form) is not something entirely
novel. Such a union was created in 1922 as Trans-Caucasus Soviet
Federative Socialist Republic. But 1936 this republic was established.
Nowadays, this question is not on the agenda in these states. In
spite of this, the Center for European Policy Studies proposed the
working Document no.145, "A Stability Pact for the Caucasus,"
which concerns the establishment of the South Caucasus Community.
This treaty will probably create institutions independent from the
national public authorities and endowed with legislative, administrative
and judicial sovereign rights, which will be transferred to them
by the member states, (Armenia, Azerbaijan and Georgia). Furthermore,
this treaty will lay down basic principles, either worked out in
the treaty itself or implemented by the acts of institutions. The
treaty and acts will constitute a set of rules, which without interference
or intervention, impose obligations upon and consequently create
rights for the member states and the natural and legal persons within
the union.
This treaty will establish a specific legal order. By creating the
union of Trans-Caucasian countries of unlimited duration having
its own institutions, its own personality, its own legal capacity
of representation on the international plane and, more particularly,
real powers stemming from the limitation of sovereignty or a transfer
of powers from the states to the union, the member states will limit
their sovereign rights, albeit within limited fields and create
a body of law, which binds both their nationals and themselves.
That is the legal nature of Caucasian Law. But what is the situation
today? This region is fully sunk in ethnic conflicts: Upper-Karabakh,
Abkhazian and South Ossetian. These frozen conflicts are the main
obstacles for the regional integration and cooperation. That means
that there is no prospective for the large-scale integration or
Caucasian Law in the near future.
Nevertheless, the countries try to cooperate on a bilateral basis.
For instance, the visits of Azerbaijani President to Georgia in
1996 opened new perspectives for the regional cooperation and stabilization
of the situation in the South-Caucasus.
It is possible to set up the Caucasian Law only after the beginning
of large-scale cooperation between all the three countries. Commenting
on the recent statement released in Strasbourg by UN, OSCE and Council
of Europe, according to which these organizations are keen to promote
regional cooperation here. In comparison to Azerbaijan, Armenia
offers to make some steps towards economic cooperation with Azerbaijan.
However, it is impossible to create any kind of relations, including
economical, between belligerent states, such as Armenia and Azerbaijan.
The starting point for the creation of the Caucasian Law is the
resolution of the Upper-Karabakh problem and Georgia is ready to
create regional organizations as the base for integration and cooperation.
Human rights within the Caucasian Law
Human rights represents a vital sphere that should be affected by
the Caucasian Law, this sphere must be the main issue at all stages
of the formation of the Caucasian Law. In practice, the differences
between international human rights and national civil rights rarely
begin or end at any single nation's boundaries and effective action
to protect and promote human rights, whether at home or abroad,
can be furthered by through the innovation of both national and
international techniques.
The most important and useful source of the international human
rights law is likely to be international treaties, which clearly
and directly create international obligations for the parties. This
stipulation is also related to the Caucasian Law:
At the first stage, the countries of Caucasus from an develop new
national human rights institutions such as a Commissioner for Human
Rights (ombudsman), etc., develop a broadly acceptable theory of
relationship between human rights and development, including practical
programs capable of realizing and accommodating both objectives,
and strengthen existing national institutions, such as the domestic
commission and courts, by developing and revising their procedures
and utilizing them more fully.
These countries are all the members of several international organizations.
Within the framework of these organizations, the Caucasus countries
have an obligation to provide the execution of a set of measures
directed to democratization of all spheres of state life. It is
also relevant to the democratization of all legal systems. Those
countries should provide individuals with a wide list of rights
and freedoms and ensure to everyone within their jurisdiction to
the rights and freedoms. They should increase efforts to embed international
human rights norms more firmly within national legal systems.
At the second stage, some regional treaties concerning human rights
and basic freedoms in the Caucasian region should be established.
Some such treaties have been already been established. These Caucasian
treaties set forth a wide range of human rights and fundamental
freedoms, and address numerous civil, political, economic, social
and cultural rights.
At the third stage, a supervisory mechanism ought to be set up within
the Union of the Caucasian Commission on Human Rights that can play
a pivotal role. It could become the major body working to promote
and protect human rights. The Universal Caucasian Treaty on human
rights and fundamental freedoms can also establish a judicial body.
It is the Court of human rights, which, as it is in Europe, shall
be set up" to ensure the observance of the engagements that
will be undertaken, by Armenia, Azerbaijan and Georgia in that treaty.
It is important to point out that the real subject and beneficiaries
of international human rights laws are individuals. Therefore, three
countries incorporate the above mentioned legislation, treaties
and establishments, with obligations expressed in human rights treaties
into their domestic law. The rights can be invoked directly by individuals
as part of state's internal law. Then the abovementioned Universal
Caucasian Treaty on human rights and fundamental freedoms should
establish standing for any person, NGO or group of individuals to
bring complaints directly before the Caucasian Court of Human Rights.
In summation here are suggestions and advantages in relation to
the integrations of Caucasian Law, as well as precondition for Armenia,
Azerbaijan and Georgia to realize its integration. First of all
to solve the problem of Karabakh step by step, as the Minsk Group
is going to solve it, also to make a program for the improvement
these regions, because some people are afraid to go back to these
places. The government must have a separate peace within these lands
capable of joining landowners there. Also the increase of salaries
of teachers and other workers of different field that they would
be interested in going there would be advantageous. Secondly, to
improve the legal systems and establishment of the Caucasian Law
within Caucasian region, because there are some basic yet key benefits:
like a common sphere in the fields of taxation, customs, transport,
administrative, business, commercial, property law, trade, transportation
of goods and passengers, international payments and credit relations,
technical co-operation between three countries and also the economic
cohesion. This law will determine the legal principles of the effective
utilization in the economy of foreign investments into the region.
But in any way we should provide and protect of the rights of foreign
investors. The law will harmonize the domestic laws and tripartite
treaties between these countries and bolster cooperation between
them in the field political and economic relations. These fields
are huge, encompassing employment, labor law and working conditions,
basic and advanced vocational human rights training, social security,
prevention of occupational accidents and diseases, occupational
hygiene and the right of association, and bargaining between employers
and workers. And thirdly, this law will strengthen the human rights
protection system between those countries. The Caucasian Law will
strengthen existing domestic institutions and also serve to develop
new international; systems, such as Caucasian Commission on human
rights and Caucasian Court of human rights dealing with human right
issues within Caucasus. It will establish a list of human rights
instruments, such as tripartite treaties, declaration, resolutions,
and recommendations relevant to the human rights protection in the
Caucasus.
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