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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.
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.
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.
Through a compilation of foreign policy documents and statements, harnessed together by a section of analytic works, this book seeks to highlight the shift in Russian foreign policy at the beginning of the twenty-first century. This compilation presents the work of formative scholars in this field who are concerned with the evolution of Russia Foreign policy thinking and behavior. This volume compiles critical documents and statements (treaties, addresses and articles) that deal with the formation of new conceptions of security in the New World order. The articles critically evaluate the implications of these new initiatives and lend insight to these documents and statements in practice. They address a wide range of topics from the crisis in Kosovo to domestic Russian policy, with an eye to the future of Russian policy.
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Law, crime, and justice are among the most salient issues in any country. This is especially true for a transitional nation like Russia that is facing tremendous social, political, and economic changes, many of which create conditions conducive to crime. These ongoing changes have had profound effects on every major social institution in the country, and the transition from totalitarianism and a command economy toward rule of law and a free market is resulting in shifts in fundamental cultural values. In this environment, governmental agencies are often left without a clear mission, especially given their sometimes dubious roles during the Soviet era, and are rarely provided with the resources necessary to fulfill the difficult duties that are so vital to a functional democracy. This volume, with chapters by highly respected scholars in several disciplines, provides a comprehensive sourcebook of scholarly analysis of the effects of these changes on legal developments and rule of law in Russia, its changing patterns and nature of crime, and its criminal justice system. Contributions by: Adrian Beck, William E. Butler, Linda J. Cook, Galina N. Evdokushkina, Leonid A. Gavrilov, Natalia S. Gavrilova, Alla E. Ivanova, Janet Elise Johnson, Roy King, Robert W. Orttung, Letizia Paoli, Laura Piacentini, William Alex Pridemore, Annette Robertson, Daniel G. Rodeheaver, Richard Sakwa, Olga Schwartz, Victoria G. Semyonova, Louise I. Shelley, Peter H. Solomon Jr., Janine R. Wedel, and James L. Williams
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
Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.
Boris Yeltsin is one of modern history's most dynamic and underappreciated figures. In this vivid, analytical masterwork, Herbert J. Ellison establishes Yeltsin as the principal leader and defender of Russia's democratic revolution - the very embodiment of Russia's fragile new liberties, including the evolving respect for the rule of law and private property as well as core freedoms of speech, religion, press, and political association. In 1987 President Mikhail Gorbachev expelled Boris Yeltsin from his team of reform politicians, but Yeltsin rebounded from this potentially devastating setback to become the leader of the Russian democratic movement. He created a new office of Russian president, to which he was elected; designed a democratic constitution for the Soviet Union that precipitated a coup attempt by traditionalist communist leaders; granted independence to the nations of the Soviet Union; and replaced Communist Party rule with democracy and the socialist economy with a market economy. In a short period, he had succeeded in becoming the first popularly elected leader in a thousand years of Russian history. He had blocked violent attempts at counter-revolution and overcome powerful resistance to his reform program. His achievements rank among the most extraordinary feats of political leadership in the twentieth century.