Download or read book International Law in the Russian Legal System written by John Edward Fowler Distinguished Professor of Law William Butler and published by Oxford University Press, USA. This book was released on 2020-09-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.
Download or read book Correlation of International Law and Russian Law written by Sergey Marochkin and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After determining the place of norms and sources of International law in the legal system of Russia, inevitably the question arises as to the correlation of the legal force of the norms of internal and international law. That norms of international law by virtue of Article 15 (4) of the 1993 Russian Constitution norms of direct effect complicates the issue: norms of different legal systems coexist side by side and function - international and municipal. The question is what is the correlation and operation of these rules?
Download or read book Transformation in Russia and International Law written by Tarja Långström and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War the relationship between the internal constitution of a state and its international behaviour has been a subject of much scholarly interest. Assuming that this connection matters the author analyses the transformation from the USSR to the Russian Federation. Does a liberal Russia behave better than the non-liberal USSR? Are Russia's attitudes towards international law different than those of the former USSR? How much continuity is there and how much change has occurred in the scholarship of international law in Russia? How are Russia's treaties made and implemented? What is the role of international law in the Russian legal system? The author shows that international human rights played an important role in the Soviet "perestroika" and in the subsequent reforms in the Russian Federation. She argues that at the surface level the transformation in Russia has been remarkable, notably so with regard to the role of international law in the domestic legal system. Drawing from a wide range of materials - Soviet/Russian history, legislation, court cases and doctrinal writings - the book takes a cultural and historical perspective to analysis of legal change.
Download or read book The Operation of International Law in the Russian Legal System written by Sergey Yu. Marochkin and published by BRILL. This book was released on 2019-01-03 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume Sergey Marochkin offers a detailed comparative analysis of the changing approach to the operation and realization of international legal norms and obligations within the Russian legal system based on doctrine, legislation and judicial practice since the adoption of the Russian Constitution in 1993.
Download or read book Russian Approaches to International Law written by Lauri Mälksoo and published by Academic. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
Download or read book Russian Discourses on International Law written by P. Sean Morris and published by Routledge. This book was released on 2018-09-07 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia’s interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia’s behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.
Download or read book International Law written by Valeriĭ Ivanovich Kuznet︠s︡ov and published by Eleven International Publishing. This book was released on 2009 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Korean Law of the Sea Forum, an academic resereach foundation, is pleased to collaborate in a Foreign Translation Program with The Vinogradoff Institute to introduce publications originally in languages other than English on the law of the sea to students and practictioners of international law. This 4th volume in the Program addresses a subject fundamental to the law of the sea, namely the status of treaties and general principles of international law in the Russian legal system, prepared by a leading Russian specialist who has made particular use of Russian judicial archives."--Editor.
Download or read book From Soviet to Russian International Law written by George Ginsburgs and published by Martinus Nijhoff Publishers. This book was released on 1998-01-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russia's international law persona is still in its infancy and it will take a while for the cycle to run its full course. However, significant changes have already occurred in some areas, thus offering an opportunity to analyze the trends here and track the process of emergence of successor doctrines and practices destined to replace the Soviet heritage. The quartet of topics selected for treatment in this volume - the relationship between international and domestic law; citizenship and state succession; the Sino-Russian boundary problem; and cooperation with China in policing crime - illustrates major shifts in Russia's international law policy in a bid to shed the corset of Communist ideology and the old regime's "modus operandi" and join the international community's mainstream culture. The test cases also attest to the difficulties encountered in the process of transition and show that progress on this front has by no means been uniform. The sample includes both instances where the break with the past looks quite pronounced and where greater distancing from precedent might logically have been expected, but, for reasons that are then explored, a sense of substantive continuity instead prevails, albeit made more palatable by an application of linguistic cosmetics. "From Soviet to Russian International Law: Studies in Continuity and" "Change" marks the occasion of the author's 65th birthday and the 40th anniversary of his publishing debut.
Download or read book The Operation of International Law in the Russian Legal System written by Sergeĭ I︠U︡rʹevich Marochkin and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume Sergey Marochkin offers a detailed comparative analysis of the changing approach to the operation and realization of international legal norms and obligations within the Russian legal system based on doctrine, legislation and judicial practice since the adoption of the Russian Constitution in 1993.
Download or read book The Evolution of Conflict Regulation in Private International Law of Russia and Poland written by Natalia Erpyleva and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present article examines the evolution of conflict regulation in the private international law of Russia and Poland. The author identifies the concept, structure and types of conflict rules, stressing that the conflict of laws is the most important category of private international law. A detailed classification of the types of connecting factor formulas under which connecting factors of bilateral conflict rules are formed is undertaken. The detailed analysis of conflict rules contained in Russian and Polish legislation set forth mainly in the Civil Code of the Russian Federation and the Law of Poland “On Private International Law” is conducted with the help of the comparative and formal-logical methods of research. The author also scrutinizes different conflict rules contained in the Treaty between Russia and Poland on legal assistance and legal relations in civil and criminal matters. The author concludes that modern conflict regulation in Russia and Poland is in accordance with those trends in private international law, which can be seen through the prism of the international dimension.
Download or read book International Law in the Russian Legal System written by William E. Butler and published by Oxford University Press. This book was released on 2020-09-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.
Download or read book Russian Approaches to International Law written by Lauri Mälksoo and published by . This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines Russian approaches to international law from three different yet closely interconnected perspectives: history, theory, and recent state practice. The study uses comparative international law as a starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia.
Download or read book International Law in Crisis written by Christian Marxsen and published by . This book was released on 2016 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses the impact of the conflict between Ukraine and Russia on the international legal system, particularly in regard to the prohibition of the use of force. As an initial approach, the paper reflects on the concrete effects of the crisis on the substance of the provisions of the jus contra bellum. Identifying the distinct legal claims put forward by Russia it is argued that the crisis has left the substance of the law untouched.The crucial dimension of the crisis, which is the main claim of the paper, does not lie on the level of substantive legal provisions, but rather concerns the recognition that States express towards each other in international law - a recognition that is, at the same time, required to uphold the normative power of international law. Taking a series of prior violations of international law by Western States into account, the paper argues that we have to interpret the current crisis as a struggle for recognition in which Russia aims to oppose Western instrumental use of international law and to regain its lost political strength. The paper then discusses Russia's strategies in this struggle for recognition, through which Russia challenges Western reaction patterns and aims to dominate the rules of the conflict. Ultimately, the paper argues that the crisis exemplifies both - the robustness of international law's substantive provisions and the fragility of international law vis-á-vis short term incentives driven by political power.
Download or read book Encounters between Foreign Relations Law and International Law written by Helmut Philipp Aust and published by Cambridge University Press. This book was released on 2021-06-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh look at the bridges and boundaries between foreign relations law and public international law.
Download or read book Russian Discourses on International Law written by P. Sean Morris and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Russian Law The End of the Soviet System and the Role of Law written by Ferdinand Feldbrugge and published by Springer. This book was released on 1993-06-17 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the assumption that Russian law can only be understood as a product of Soviet law, retraces the evolution of the Russian legal system from the 1917 revolution to 1989. Includes the 1991 text of the Constitution of the USSR, the 1991 text of the Agreement on the Creation of a Commonwealth of Independent States, the 1992 text of the Constitution of the Russian Federation, and a list of laws enacted from 1986 to 1993.
Download or read book International Law in the Courts of the Russian Federation written by Sergei Yu Marochkin and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper analyses the practice of the Courts of the Russian Federation in applying the rules of International Law in the period following acceptance of the Constitution of the Russian Federation (1993). The present constitution and the new federal legislation regulate the relevance of International and Russian Law much differently than they did before. Accordingly, judiciary practice is developing in a new way. Despite the massive body of laws and regulations, there are no precise reference points and answers in the legislation to practically important questions of correct application of the international treaties and generally recognized rules. This is one of the reasons why judiciary practice is developing inconsistently, and the application of International Law is often incorrect or even wrong. Not all of the international norms are applicable, and not all of the treaties have priority over laws. There are certain legal conditions for the application of international treaties, conditions for when they prevail over laws, and also there is a procedure of application which should be observed by Courts trying particular cases. Although one can speak of many contradictions, it is wise to take note of the tendency in judiciary practice to co-ordinated application of international and Russian law.
