Tychyna V. International legal status of the Organisation for Economic Cooperation and Development.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002114

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

09-04-2019

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the study of peculiarities of the international legal status of the Organization for Economic Cooperation and Development (OECD), its legal nature, the place in modern international relations, as well as the specifics of cooperation with Ukraine and its impact on the domestic legal system. The stages of formation and evolution of the Organization for Economic Cooperation and Development and its place and role in modern international legal relations in the conditions of deepening of globalization are revealed. The legal nature of the OECD, whose activities in modern terms have become multidisciplinary and interdisciplinary, have been identified. The characteristic of legal personality in the international law and the national law of the participating states is given. It is determined that OECD is an international intergovernmental organization with a broad scope of competences, for which the economic sphere is dominant. Its special role is to implement the functions of the global statistical and analytical center that develops optimal models of solving problems of social and economic development. These models are codified in international treaties and implemented into national laws. The peculiarities of the organizational and legal structure of the Organization for Economic Cooperation and Development are researched. It is proved that such complex structure is determined by the wide subject competence of this Organization. It is represented by the main bodies, among which the OECD Council, an extensive network of specialized subsidiary bodies (about 200), as well as affiliated bodies and international organizations with autonomous status within the framework of the OECD. The vast majority of OECD acts are «soft law» by their nature which affects the formation of legal principles for raising the standards of socio-economic development of the states through broad discretionary possibilities for their implementation in national law and international practice. It is proposed to use the concept of «OECD acquis» to refer to a set of legally binding and advisory acts that reflects best national practices or new approaches to legal regulation and has a significant impact on the legal systems of Member States as well as third countries. It is confirmed that Ukraine's cooperation with the OECD plays an important role in the context of the implementation of foreign policy priority to join the European Union. It is because of OECD standards at the same time are the part of the EU legal system, to which national legislation is adapting. It is determined that legal nature of the Memorandum of Understanding between the Government of Ukraine and the OECD on deeper cooperation from 07.10.2014. It is an international treaty, which has a framework and evolutionary character, most of the provisions of which are soft law.

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