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Russian Discourses on International Law

Author : P. Sean Morris
Publisher : Routledge
Page : 326 pages
File Size : 36,74 MB
Release : 2018-09-03
Category : Law
ISBN : 0429679459

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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.

Transformation in Russia and International Law

Author : Tarja Långström
Publisher : Martinus Nijhoff Publishers
Page : 530 pages
File Size : 33,56 MB
Release : 2003-01-01
Category : Law
ISBN : 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 : OUP Oxford
Page : 241 pages
File Size : 27,44 MB
Release : 2015-03-05
Category : Law
ISBN : 019103469X

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This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as 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. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.

International Law in the Russian Legal System

Author : John Edward Fowler Distinguished Professor of Law William Butler
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 25,2 MB
Release : 2020-09-03
Category : Law
ISBN : 0198842945

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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.

Russia's New Authoritarianism

Author : Lewis David G. Lewis
Publisher : Edinburgh University Press
Page : 324 pages
File Size : 28,20 MB
Release : 2020-03-27
Category : Political Science
ISBN : 1474454798

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David G. Lewis explores Russia's political system under Putin by unpacking the ideological paradigm that underpins it. He investigates the Russian understanding of key concepts such as sovereignty, democracy and political community. Through the dissection of a series of case studies - including Russia's legal system, the annexation of Crimea, and Russian policy in Syria - Lewis explains why these ideas matter in Russian domestic and foreign policy.

The Operation of International Law in the Russian Legal System

Author : Sergey Yu. Marochkin
Publisher : BRILL
Page : 324 pages
File Size : 35,92 MB
Release : 2019-01-03
Category : Law
ISBN : 9004391010

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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.

European Identities and Foreign Policy Discourses on Russia

Author : Marco Siddi
Publisher : Routledge
Page : 272 pages
File Size : 41,34 MB
Release : 2020-06-09
Category : Political Science
ISBN : 1315315149

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This book examines the relationship between national identity construction and current foreign policy discourses on Russia in selected European Union member states in 2014–2018. It shows that divergent national discourses on Russia derive from the different ways in which the country was constructed in national identity. The book develops an interpretive theoretical framework and argues that policy makers’ agency can profoundly influence the contestation between different identity narratives. It includes case studies in policy areas that are of primary importance for EU–Russia relations, such as energy security (the Nord Stream 2 controversy), the Ukraine crisis and Russia’s military intervention in Syria. Focusing on EU member states that have traditionally taken different stances vis-à-vis Russia (Germany, Poland and Finland), it shows that at the peak of the Ukraine crisis national discourses converged towards a pragmatic, but critical narrative. As the Ukraine crisis subsided and new events took centre stage in foreign policy discussions (i.e. the Syrian civil war, international terrorism), long-standing and identity-based divergences partly re-emerged in the discourses of policy makers. This became particularly evident during the Nord Stream 2 controversy. Deep-rooted and different perceptions of the Russian Other in EU member states are still influential and lead to divergent national agendas for foreign policy towards Russia. This book will be of interest to students and scholars working in European and EU politics, Russian and Soviet politics, and International Relations.

The Charter of the United Nations

Author :
Publisher : Oxford University Press
Page : 6378 pages
File Size : 46,94 MB
Release : 2024-07-04
Category : Law
ISBN : 0192679732

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Since the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century

The Post-Soviet as Post-Colonial

Author : Partlett, William
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 25,95 MB
Release : 2022-05-19
Category : Law
ISBN : 1802209441

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Working to demystify the enigmatic process behind enacting public policies, The Politics of Meaning Struggles uses the case of the 2011 prohibition of hydraulic fracturing by the French government to address the wider phenomenon of governmental shifts in policy decisions.