Methods of international legal convergence 25
In confirmation of our approach to art. 2 of the Treaty on the Eurasian
Economic Union, 2014 by harmonizing understood the approximation of
legislation of Member States, aimed at establishing a similar (comparable) of
normative legal regulation in some areas10.
Securing international humanitarian standards (without its national
specification) and their subsequent implementation in national law, of course,
brings together and harmonises national legal systems, and therefore is an example
of harmonization in international law. For example, the universal right to
education is harmonizing standards, but not unifying, because it is filled with all
the right of the state in different ways. Harmonisation, therefore, indicates the
direction of regulation, without any specific content. Many international treaties do
not provide for any specific measures or actions in the domestic sphere, have just
harmonizing effect – they figuratively universalizing national regulation, making it
similar (but not identical – this is the inheritance of the unification and integration).
Blur of harmonization allows to strengthen the effect of universalizing
international legal obligations. It is even possible to conclude that harmonization is
a common feature of international treaties.
We can see an example of harmonizing standards in art. 2 International
Covenant on Economic, Social and Cultural Rights, 1966: "Each Party to the present
Covenant undertakes to state individually and through international assistance
and cooperation, especially economic and technical, to the maximum of its
available resources, to achieving progressively the full realization of the rights in
the present Covenant by all appropriate means, including particularly the
adoption of legislative measures11”.
Another example – in article 9 of the Convention for the Regulation of
Whaling, 1946: „Each Contracting Government shall take appropriate measures to
ensure the application of the provisions of this Convention and the punishment for
the violation of these provisions in operations carried out by persons or vessels
under the jurisdiction of that Contracting Government12”.
We may agree with Eva Lohse about multi-level nature of harmonization: 1)
„harmonisation is a process. It begins with the conscious creation of a
concept… by various actors and included in various normative instruments...
Harmonisation requires the insertion and adaptation of the concept into the
domestic legal orders by different means, as only thereby the important part of the
process is triggered… 2) harmonisation has an intended result. This is to create a
law as uniform as it is needed for the goals to be achieved. Most importantly,
similarity in norms, i.e. texts and rules, is not enough… Harmonisation can thus be
defined as a conscious process that has the aim to lead to the insertion of a concept
into the national legal orders13”.
13 E J Lohse…