EVOLUTION OF THE IDEA OF A UNITED EUROPE Zhenis Kembayev 14 EVOLUTION OF THE IDEA OF A UNITED EUROPE: SOME LEGAL CONCLUSIONS Zhenis Kembayev  Abstract This article examines the legal aspects of the evolution of the idea of a united Europe from ancient times to the present. It provides the periodisation of the history of the European idea and argues that throughout all historical epochs this idea developed under conditions of constant struggle between opposing visions on how to fulfil it: initially, between secular and theological concepts of universal monarchy; then, between universal monarchy and the concept of union of States; subsequently, between the concepts of union of monarchs and union of republics; and currently between confederation and federation. It is also argued that the European idea is closely related to the maintenance of international peace and security, the prosperity of all humankind and the effective protection of human rights and the vision that all States must (or at least should) comprise a common, law-governed and peaceful community. INTRODUCTION The idea of a united Europe has a very long history and has attracted significant scholarly interest throughout centuries. Numerous comprehensive scientific works illustrating and examining the development of this idea have been written by historians, philosophers and political scientists. 1 However, there are still certain politico-legal aspects that require more elaboration. The aim of this article is to contribute to the contemplation of these aspects by setting forth a number of below mentioned propositions and thus to supplement the existing studies in this field.  Professor of Law, KIMEP University, Almaty, Kazakhstan, kembayev@kimep.kz. The author expresses his gratitude to his research assistant Kiel Ireland for the careful proofreading of the article. 1 See e.g., Denys Hay, Europe: the Emergence of an Idea (Edinburgh University Press 1957); Jean Baptiste Duroselle, L’ idée d’Europe dans l’histoire (Denoël Paris 1965); Denis de Rougemont, The Idea of Europe (Macmillan New York 1966); Rolf Hellmut Foerster, Geschichte einer politischen Idee (Nymphenburger Verlagshandlung Munich 1967); Derek Heater, The Idea of European Unity (Leicester University Press 1992); Alexander Tchoubarian, The European Idea in History in the Nineteenth and Twentieth Centuries (F Cass Portland 1994); Anthony Pagden (ed), The Idea of Europe from Antiquity to the European Union (CUP 2002).