Download Free Private International Law In Russia Book in PDF and EPUB Free Download. You can read online Private International Law In Russia and write the review.

The chapters in this volume are from two Leiden conferences. There, distinguished scholars and practitioners from Russia and the Far Abroad measured the winds of change in the field of private law in post-Soviet Russia: enormous differences from the Soviet period, crucial in supporting post-Soviet changes toward freedom of choice in the marketplaces of goods, services, ideas and political institutions. This volume will enable the reader to further chart the progress made in Russia (and the region) in the revitalization of private and civil law and its impact upon practice and comparative legal studies and to appreciate the role which the distinction between the public and private sectors is seen as playing in the process.
This book provides the first comprehensive introduction to Russian private international law (PIL) for the foreign lawyer. The book carefully examines the applicable conflict of law and jurisdictional rules on the basis of the relevant statutory provisions, case law, and doctrinal writings developed in Russia for the purposes of dealing with cross-border commercial issues. It covers topics that will be of particular interest to comparative scholars, for instance the sources of PIL in Russia, including international conventions and treaties; party autonomy and the choice of law by the parties; determination of applicable law in the absence of choice by the parties; public policy exceptions and overriding mandatory provisions; and many more. These and other topics serve as an entry point to the hybrid system of law that Russian PIL is: modelled on European law but characterised by its Soviet past.
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.
This book is a detailed treatment of the Russian legal system written especially for English-speaking law students and lawyers. While it is designed primarily as a casebook, extended discussions of the law, numerous citations to original Russian sources, and detailed suggestions for finding these sources on the Internet also make it useful as a reference for scholars specializing in Russian studies and for lawyers who know Russian but not Russian law. The authors have decades of experience following the Russian legal system, with one concentrating on human rights, court procedure, and criminal law and procedure, the other on civil, commercial, and tax law. Chapters cover key aspects of the Russian legal system, including sources of law, the judicial system, the legal profession, constitutional law, individual rights, civil and commercial law, civil procedure, private international law, foreign investment law, criminal procedure, administrative law, and tax law. The book covers major changes in Russian law since the previous edition was published, including more reliance on judicial precedent, increasing the independence of criminal investigators from prosecutors, dealing with abuse of the legal system by corrupt officials to steal businesses from their rightful owners, and closing loopholes in the tax system. The new edition also chronicles the continuing struggle of the European Court of Human Rights and activist Russian lawyers to push Russian law toward international standards.
This book provides the first comprehensive introduction to Russian private international law (PIL) for the foreign lawyer. The book carefully examines the applicable conflict of law and jurisdictional rules on the basis of the relevant statutory provisions, case law, and doctrinal writings developed in Russia for the purposes of dealing with cross-border commercial issues. It covers topics that will be of particular interest to comparative scholars, for instance the sources of PIL in Russia, including international conventions and treaties; party autonomy and the choice of law by the parties; determination of applicable law in the absence of choice by the parties; public policy exceptions and overriding mandatory provisions; and many more. These and other topics serve as an entry point to the hybrid system of law that Russian PIL is: modelled on European law but characterised by its Soviet past.
This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.
Russias transition towards a market economy in the early 1990s called for new approaches to the regulation of employment relations in the post-Soviet period in order to strike a balance between employers interests and employees rights in changed conditions. The adoption of the Labour Code of the Russian Federation (LC RF) in 2001 contributed to solving the issue only partly, as, in reality, it was passed as a compromise between different political forces, and consists of both provisions which can be implemented in the new context of the market economy and restrictions inherited from the planned economy. The recent and ever-changing socio-economic conditions, and the increasing complexity of the employer-employee relationship, which is a result of both globalization and technological progress, required the further development of Russian employment legislation. This resulted in substantial amendments being made to the original LC RF in 2006, with the majority of its provisions being profoundly revised. Nevertheless, a thorough analysis of the changes currently under way shows that many aspects concerning employment relations have still not been addressed sufficiently. The papers collected in the present volume of the ADAPT Labour Studies Book Series consider the recent developments of the legal regulation of employment relations as well as some closely related aspects from a historical and comparative perspective, in order to provide some insights into these issues and to examine current challenges.
The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.
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
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.