Central Asian Yearbook of International Law and International Relations


Legal Instruments of the Shanghai Cooperation Organisation: A Case of Missed Opportunities?

Keywords SCO, international law, economic cooperation, international legislation
Authors Evhen Tsybulenko en Anastassiya Platonova
Author's information

Evhen Tsybulenko
Evhen Tsybulenko is Professor at Kyiv International University and Senior Lecturer at TalTech Law School, TalTech, Akadeemia tee 3, Tallinn 12618, Estonia.

Anastassiya Platonova
Anastassiya Platonova is Chief AML & Sanctions Processing Specialistlist at Nordea Bank Abp, Estonian Branch, Lõõtsa 1A, Tallinn 11415, Estonia.
  • Abstract

      Since its creation in 2001, the Shanghai Cooperation Organisation (SCO) has not produced legal instruments that could have a significant impact on the legal environment in the region, although its organisational goals call for such action. This chapter will explore the following hypothesis: the SCO is in a good position to propose treaties that will benefit the development of Asian region and strengthen ties between states, and doing so would satisfy its organisational goals. First, it will be established whether the SCO indeed has enough influence over its member states and provides, or is capable of providing, tools for international law making. Thereafter, common needs of the region will be highlighted, and those needs will be matched against the SCO’s goals, in order to establish which needs the SCO should address, such as drug trafficking and weapon trafficking, energy partnership, information exchange related to the threat of terrorism, a rational regime for using natural resources and a support system in case of natural disasters. Selected issues will be examined separately, and components to be addressed by hypothetical legislation will be identified. The chapter will conclude by answering or reiterating why the SCO, as an international organisation, is not yet as effective as it could be.

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