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International and National Law in Russia and Eastern Europe

Author: Ferdinand J.M. Feldbrugge

Publisher: BRILL

Published: 2021-11-22

Total Pages: 489

ISBN-13: 9004480765

The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned. The major focus of the present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America, and Western Europe.

From Soviet to Russian International Law

Author: George Ginsburgs

Publisher: Martinus Nijhoff Publishers

Published: 1998-01-01

Total Pages: 436

ISBN-13: 9789041105431

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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.

Russia, Europe, and the Rule of Law

Author: F. J. Ferdinand Joseph Maria Feldbrugge

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 235

ISBN-13: 9004155333

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An international team of authors looks at the role law has played in the transformation of Russia and evaluates the legal achievements of the Putin administration against the background of Russia's changing relationship with Europe.

Russia and European Human-Rights Law

Author:

Publisher: Martinus Nijhoff Publishers

Published: 2014-11-20

Total Pages: 247

ISBN-13: 9004203311

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In Russia and European Human-Rights Law: The Rise of the Civilizational Argument, Lauri Mälksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights. Certain aspects of human-rights doctrine and practice in Russia are particularly highlighted: the increasing impact of Orthodox Christian teachings on the Russian government's ideology, the situation with media freedom, freedom of religion, etc. The authors draw widely on Russian sources and media. The questions whether modern-day Russia truly fits in the human-rights protection system of the Council of Europe, and whether a margin of appreciation will suffice when dealing with Moscow, are highly relevant in contemporary European politics.

International Law and the Russian Legal System

Author: Bogdan Leonidovich Zimnenko

Publisher: Eleven International Publishing

Published: 2007

Total Pages: 441

ISBN-13: 9077596208

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This work analyzes the interaction between international law and the Russian legal system at a level of detail and sophistication without precedent in Russian legal doctrine. This topic has become vital for Russian courts because generally recognized principles and norms of international law and international treaties have become part of the Russian legal system since the Constitution of Russia was adopted in 1993. Great attention is paid in this study to Russian judicial practice in applying customary and treaty norms (the author had access to unpublished decisions in the archives of the Russian Supreme Court and other courts of the Russian Federation). The book also gives attention to the impact of decisions of international organizations and the practice of the European Court for Human Rights. The author sets out the legal foundations of the interaction between international law and municipal law in relations between subjects of international and national law, and he addresses at length whether and when the direct application of international legal norms is possible in the domestic legal relations of Russia. The book raises to a new level the continuing discussion of the correlation of international and national law. Classic concepts of monism and dualism cannot cope with all aspects of the interaction of international and national law. International Law and the Russian Legal System will be of interest to academics, practicing lawyers, government legal advisors, and investors.

International Law, Rights and Politics

Author: Rein Mullerson

Publisher: Routledge

Published: 2005-08-04

Total Pages: 264

ISBN-13: 1134843186

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Rein Mullerson was Deputy Foreign Minister of Estonia during the country's independence struggles and is a distinguished professor of international relations. His book is concerned with the interplay of international law and politics in the changing international system. He analyses events in Eastern Europe and the former USSR to throw light on broad and controversial issues including non-use of force, non-interference in internal affairs, self-determination of peoples, minorities and nationalism in inter-ethnic conflicts and human rights in post-totalitarian societies. Controversial questions of continuity and succession of states and their recognition are also set in this context. One purpose of the book is to show how recent developments influence the international system as a whole and how international law has to change in order to respond to new challenges.

Transformation in Russia and International Law

Author: Tarja Långström

Publisher: Martinus Nijhoff Publishers

Published: 2003-01-01

Total Pages: 530

ISBN-13: 9789004137547

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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.

Russian Approaches to International Law

Author: Lauri Mälksoo

Publisher: Academic

Published: 2015

Total Pages: 241

ISBN-13: 0198723040

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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

The Soviet Domination of Eastern Europe in the Light of International Law

Author: Jerzy August Bolesław Gawenda

Publisher:

Published: 1974

Total Pages: 232

ISBN-13:

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Russia and the European Court of Human Rights

Author: Lauri Mälksoo

Publisher: Cambridge University Press

Published: 2017-11-16

Total Pages: 444

ISBN-13: 1108246591

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Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.