by Pierre Chabal (Volume editor) Amandine Cayol (Volume editor) Remus Titiriga (Volume editor) Hye Hwal Seong (Volume editor)
©2022 Edited Collection 342 Pages


This book compares the evolution of the legal systems of Central Asia, Europe, and East Asia, under the impact of economic factors, both structural and crisis-inspired. The COVID-19, one of the severest challenges faced by humanity, alters the social order and the way people think.
Already, changes impact the socio-economic and political-legal spheres. Geopolitical and geoeconomic shifts affect the place of states and regions in the world order. The UK’s withdrawal from the EU, superimposed onto the pandemic, inflicted not only political and socio-economic losses but reputational losses as well. It signaled the limits of regional integration if the world’s most successful economic grouping needed to revise its own development.
This book analyses three salient international political/legal problems for states and regions of Eurasia: trade and financial issues, regional and interregional issues, industrial and socioeconomic issues. It also looks at the US trade policy towards Eurasia and China, the US military presence in South Korea, the EU experience for the EAEU, as well as WTO issues, etc. It follows Le régionalisme et ses limites (2016), Mutations de société et réponses du droit (2017), On the European and Asian origins of legal and political systems (2018) and The Challenge of change in the legal and political systems of Eurasia and the New Silk Road (2020).

Table Of Contents

  • Cover
  • Title
  • Copyright
  • About the editors
  • About the book
  • This eBook can be cited
  • Table of Contents
  • Acknowledgements (Amandine Cayol, Hye-Hwal Seong, Remus Titiriga, Pierre Chabal)
  • Foreword (Innocent Mutabazi)
  • Preface (Sagyngaliy Aidarbayev)
  • General introduction (Remus Titiriga)
  • Part I Trade and financial issues
  • Introduction (Hye-Hwal Seong)
  • Continuity and change in US trade policy towards China and beyond (Remus Titiriga)
  • Anti-trust law in times of sanitary and economic crises (Marie Dumarçay)
  • Covid-19 and the enforcement of competition law: Focusing on business combinations (Young-Hoa Son)
  • International experience in regulating grain markets under the World Trade Organisation (Zulfiya Baimagambetova, Assem Akhmetova)
  • Retail payments in times of health crisis in the Member states of the European Union (Géraldine Le Labourier-Fleury Le Gros)
  • Short-selling regulations and regulatory improvements in Korea since Covid-19 (Hye-Hwal Seong)
  • The principle of separation of patrimonies in France put to the test of the 2020 Solidarity Fund (Pierre Fleury Le Gros)
  • Part II Regional and interregional issues
  • Introduction (Yesbol Omirzhanov)
  • Tax regulation principles in the European Union and in the Eurasian Economic Union (Ilya Lifshits)
  • Implementing WTO standards in public procurement: EU experience and situation in the EAEU (Sagyngaliy Aidarbayev, Bakhyt Uderbayeva, Aizat Bekzhan)
  • Brexit and European private international law regulations in the field of judicial cooperation in civil and commercial matters (Catherine Golhen)
  • BREXIT and international commercial litigation in Europe in times of Covid-19: Quiet dawn or perfect storm? (Guillermo Palao Moreno)
  • The legal issues of personal data transfers after Brexit (Fanny Rogue)
  • Human and commercial challenges of the single European market and the Asian market (Michel Bruno)
  • Covid-19 challenges for China and Central Asia cooperation within the Belt and Road Initiative (Kuralay Baizakova, Fatima Kukeyeva)
  • GATT principles during Covid-19: Focusing on export-restrictions of face-masks (Chan-Mo Chung)
  • US military presence in Korea and the operational control over the South Korean army (Tai-Uk Chung)
  • Part III Sectoral and socio-economic issues
  • Introduction (Amandine Cayol)
  • Ensuring the right to health in the terms and times of a global epidemics (Gulmira Mashimbayeva, Aidana Otynshiyeva)
  • The development of e-health in the context of the Covid-19 pandemic (Amandine Cayol)
  • The level of legal consciousness of citizens as determining factor in fighting Covid-19 (Yesbol Omirzhanov, Almagul Tusupova)
  • Implementing WTO standards protecting intellectual property rights in Kazakhstan during Covid-19 (Zhuldyz Sairambaeva, Madina Nurtay)
  • International and regional evolutions of intellectual property rights (Philippe Gast)
  • Protecting theatre directors and artistic directors of public troupe on filming of the performing arts (Sung-Kee Hong)
  • Covid-induced losses in a national economy of East Asia: The case of the tourism sector in the Ulaanbaatar area in 2020 (Odgerel Purevdorj, Erbakhit Badelgaji)
  • General conclusion (Ilya Lifshits)
  • Postface (Kyeong-Ju Lee)
  • Afterword (Louis-Philippe Gratton)
  • Notes on contributors
  • Series index

←12 | 13→


Amandine Cayol, Hye-Hwal Seong, Remus Titiriga, Pierre Chabal

The present book blends in the academic wish to understand Eurasian legal evolutions and the need to bring together, in an international conference, colleagues from, this time, five countries (Kazakhstan, France, Korea, Russia, Spain). Professor Bing CHEN (Nankai University, the PRC), an active participant in the 4th conference (2019, Almaty) and book, was unable to present his text Promotion of data competition in the post- Covid era to the dual-circulation development of China’s economy at this 5th edition (2021, France). The organisers look forward to hosting him at the next and 6th edition (2023, Korea).

Such inter-university research follows a guiding principle: national and regional legal systems and their responses to the challenge of change must be studied both in their slow, institutional evolutions and in their hasted adaptations in times of crises. The need to legislate en temps réel must integrate the difficulty to anticipate on further challenges: violence and terrorism, health hazards and pandemics, regime-change and newly elected bold leaderships.

Our thanks are due to our universities. They supported us, in a context of a Regional Comprehensive Economic Partnership (2020) touching the Asia-Pacific and Eurasian spaces in a broader perspective than, strictly, international business law or even of international trade law. Such support helped us mobilise analyses drawing from legal sciences the social sciences at large. International economic law encompasses both public law and private law, holistically, by contrast with academic traditions, for example French, where this duality of public and private law serves as a summa divisio of and for law scholars and research institutes.

Participants to this (online) 5th edition of the Kazakh-French-Korean conferences see the economic emergence of Eurasia as resulting from economic globalisation over the last sixty years. The post-WWII economic reconstruction of the world yields an extra momentum that is multiplied ←13 | 14→since the cold-war divide of the planet. With increased competition in Eurasia, trends create and strengthen common regional and economic interests and questions: are consolidated states more successful in the global economy? Are they gaining real competitive advantages?

What are we to make of a development process centred on the Western hemisphere and the USA that seems to be stalling? By 2019–2020, one member has left the EU, a US president has introduced a populist/nationalist economic legacy, the Covid-19 pandemic has hindered the globalisation process. Brexit shows that agreements negotiated over many years or even decades can fast be cancelled. By “exiting”, a key-participant of a Union of states creates political and economic uncertainty.

Such lesson is valid for all integrative associations in Eurasia. This continental region gathers half the world population to be economically and regionally merged, the greatest consumer market and productive capacity. Our conference, supported by our universities, brings “geo-legal”, and geo-economic backgrounds into an analytical ‘thread’, probing into whether such a Eurasian economic integration is reachable. Contributors analyse the relation between these events (EU developments, US elections, pandemic) and other Eurasian events (situation in Belarus, progress of the BRI, impact of the Kazakh Nur Zhol…) and how this relation may structure international economic dynamics and legal regulations over the continent.

The consequences of Brexit on the EU, the global economy and political stability in Europe and Asia, suggest similar risks for integration associations of Eurasia, bringing attention to the question: how to mitigate their negative consequences for individual states and the entire region?

Such is our progression since, in 2012, during P. Chabal’s visit to al-Farabi university in Almaty, dean K. Baizakova suggested to ‘extend collaboration’ to the law department. Within two years, the 1st Kazakh-French law seminar (2014) took place… And since 2015, when during P. Chabal’s visit to InHa university, professor Young-Geun Chae triggered the addition of an East-Asian perspective as early as the 2nd seminar (2016), soon to be joined by colleagues from China (2017), Russia (2019) and now Spain (2021).

Thanks are due to the LexFEIM centre in Le Havre, the International Law department of al-Farabi Kazakh National University in Almaty, the Inha Law School in Incheon and the DEMOLOMBE Institute in Caen; ←14 | 15→to all colleagues and other institutions supporting us beyond budgetary, linguistic or visa complications; and to our publisher, Peter Lang PIE, especially to the directors of the series Cultures Juridiques et Politiques.

Success can only be and only is collective.

Рақмет сізге! Merci beaucoup! 정말 고맙습니다!
谢谢! Большое спасибо! Muchas gracias!


←16 | 17→


Innocent Mutabazi

It is a great honour and pleasure for me to write this foreword for the present book edited by prominent experts in legal, political and international studies.

Normandie Université, a cluster of three Norman Universities, two Engineering Schools and one Architecture School, has developed a strategy towards its dedicated international development that included most notably the organisation of such international events, the promotion of excellence of research performed in its academic institutions in order to increase both international visibility and worldwide attractiveness.

Research activities conducted at Normandie Université are structured in five pluri-disciplinary fields. Among these, the cluster “Humanities, Culture and Social Sciences” is a thriving one. Normandy as a region, due to its rich recent history, helps promote peace and friendship among peoples and cooperation among academics.

The present times are characterised by a fast-moving world where information and political actions are dominated by new media and communication tools. This situation can generate a feeling that citizens cannot truly control anything any longer. Law, Political science and International Relations can help, in the pursuit of truth, to contextualise different events in their historic and geographic environment.

The conference Eurasian challenges to international economic law after Brexit and in the context of the Covid-19 was held during the Covid lockout caused by the on-going pandemics. This prevented the audience from participating “physically” in the conference. However, exchanges by visio-conference were very successful thanks to the dedication of the organisation committee and the quality of the invited speakers.

I thank Pierre Chabal, Amandine Cayol, Zhuldyz Sairambaeva, Hye-Hwal Seong and Remus Titiriga for their efforts to make the workshop successful and for editing the present book to which I wish a large professional success and world-wide audience.

←18 | 19→


Sagyngaliy Aidarbayev

Since the last Kazakh-French-Korean international law conference, held in Almaty in April 2019, there have been dramatic changes in the world.

First of all, the Covid-19 pandemic has become the severest challenge that humanity has faced in the 21st century. Most experts agree that, having become a landmark event, the pandemic will lead to a fundamental shift in the social order and in the way people think. Changes under the influence of the Covid-19 pandemic are already impacting the socio-economic and political-legal spheres of society. Moreover, the world may experience geopolitical and geo-economic shifts that can very well change the place of individual states and regions in the future world order.

In addition, the final stage of the UK’s withdrawal process from the European Union superimposed itself onto the coronavirus epidemic. “Brexit” inflicted not only serious political and socio-economic losses on the Union, but reputational losses as well. It also raised the issue of the limits of integration if the world’s most successful regional economic integration grouping could face the need to revise the methods of development of its very integration project.

These factors – the Covid-19 pandemic and “Brexit” – thus became a challenge for the entire Eurasian space, specifically in the legal area and for international economic law. This state of affairs raises questions.

Among the host of ongoing international political and legal problems, which are the most relevant for the states and regions of Eurasia, as well as for the entire Eurasian continent, from the point of view of French, Korean and Kazakh researchers? The answers can be found in this book. Indeed, it presents the view of researchers from both the eastern and western extremities of the Eurasian continent, as well as from the center of Eurasia, as to general political and legal issues.

←19 | 20→

The various problems identified are analysed in three perspectives: “Trade and financial issues”, “Regional and interregional issues” and “Industrial and socio-economic issues”. Yet, existing queries are not limited to these three approaches. Many more are also reflected in the studies presented, such as the problems of the US administration’s trade policy towards Eurasia and China, or the issues of the US military presence in Korea and their operational control over South Korean troops, or the EU experience for the Eurasian Economic Union, as well as WTO issues, etc.

The present book thus presented to the attention of the scientific community provides deeply relevant material for thought as well as for further scientific research.

←20 | 21→

General introduction

Remus Titiriga

The book gathers analyses of international economic law (tax law and tax policy, international trade law and international trade policy, international private law, intellectual property law, e-services, e-transactions, law of personal data protection, matters of security balanced by economic considerations) for actors in Eurasia (states or integrative unions such as the EU or the EAEU) or states interacting with Eurasia (such as the USA). Its chapters focus on the dynamic of international economic law under the impact of events such as a U.S. Presidency imposing a populist/nationalist economic legacy, the Covid-19 pandemic producing tremendous economic upheaval, the Brexit process of the U.K. leaving the EU and other Eurasian relevant events.

Part I covers trade and financial issues. Remus Titiriga, looking at rhetorical change and real continuity in U.S. trade policies toward Eurasia and China, considers that particular rhetoric of political change hides the bipartisan continuity in international trade policies of the U.S. toward China and Eurasia. While the Trump administration took a bolder stance than the Obama administration on trade sanctions and China and other countries, a Hillary Presidency would have used the same such instruments even if under a different rhetoric. Given these continuities (which include a sceptical attitude towards the legal remedies within the WTO), the author considers that the trade war and the sanctions adopted by the U.S. toward China will remain in place or will be strengthened under the Biden administration.

Marie Dumarçay, looking at competition law and the Covid-19 pandemic, focuses on the international (EU) or national (France, Italy, Singapore, etc.) adaptation of rules protecting free competition under the impact of the Covid-19 pandemic. The author notices the increased use of competition mechanisms imposed by the risks of the pandemic. On the other hand, she underlines the ‘softening’ of the rules about objectives of traditional competition protection.

←21 | 22→

Young-Hoa Son, looking at Covid-19 and the enforcement of competition law focusing on business combinations, examines the merger and acquisition commercial activities in the context of the Covid-19 crisis. He evaluates what competition authorities worldwide should expect and how specific theories (failing firm defence) should apply in this time of crisis. Failing firm defence theory considers that in the absence of a merger, a company’s assets would leave the market, causing a more significant welfare loss than would occur if the merger were permitted. According to the author, most regulators worldwide (in the USA, EU, South Korea) apply the same scrutiny as during the pre-depression period. However, there are practical and procedural opportunities available to informed acquirers and sellers.

Zulfiya Baimagambetova and Assema Akhmetova, looking at international experience in monitoring grain markets under the WTO, examine the regulations of grain trade by grain-producing and consumer countries (US, Canada, Japan – the most supporting countries for own farmers) or economic unions (EU, Eurasian Economic Union) within the framework of obligations assumed when joining the World Trade Organisation (the Agreement on Agriculture). This Agreement is one of the most controversial ones adopted within the WTO framework since, under this Agreement, a state may provide support measures to agriculture.


ISBN (Softcover)
Publication date
2022 (February)
Bruxelles, Berlin, Bern, New York, Oxford, Warszawa, Wien, 2022. 342 pp., 5 fig. b/w, 5 tables.

Biographical notes

Pierre Chabal (Volume editor) Amandine Cayol (Volume editor) Remus Titiriga (Volume editor) Hye Hwal Seong (Volume editor)

Amandine Cayol (Private Law, PhD-Paris I Panthéon-Sorbonne) is Associate Professor at Université Caen Normandie and Director of the Master’s in Insurance Law. Hye-Hwal Seong (Law, PhD), Professor of Law at the Law School of InHa University, South-Korea; New York Bar Association; vice-president of the Korea Securities Law Association. Remus Titiriga (Law, PhD-Nancy University, France) is Professor of Law at the Law School of InHa University, specialising in international economic law and trade law. Pierre Chabal (Political Science, PhD-Grenoble IEP), Dr of Science in International Relations (Paris IEP) founded the Kazakh-Franco- Korean law seminar at Université Le Havre Normandie.


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344 pages