International Law In The Russian Legal System

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International Law in the Russian Legal System

Author : John Edward Fowler Distinguished Professor of Law William Butler,William Butler
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 46,8 Mb
Release : 2020-09-03
Category : Law
ISBN : 9780198842941

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International Law in the Russian Legal System by John Edward Fowler Distinguished Professor of Law William Butler,William Butler Pdf

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.

The Operation of International Law in the Russian Legal System

Author : Sergey Yu. Marochkin
Publisher : BRILL
Page : 324 pages
File Size : 51,7 Mb
Release : 2019-01-03
Category : Law
ISBN : 9789004391017

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The Operation of International Law in the Russian Legal System by Sergey Yu. Marochkin Pdf

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.

Transformation in Russia and International Law

Author : Tarja Långström
Publisher : Martinus Nijhoff Publishers
Page : 530 pages
File Size : 45,9 Mb
Release : 2003-01-01
Category : Law
ISBN : 9004137548

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Transformation in Russia and International Law by Tarja Långström Pdf

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.

The Operation of International Law in the Russian Legal System

Author : Sergeĭ I︠U︡rʹevich Marochkin
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2019
Category : International and municipal law
ISBN : 9004390200

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The Operation of International Law in the Russian Legal System by Sergeĭ I︠U︡rʹevich Marochkin Pdf

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.

Law and Legal System of the Russian Federation - Sixth Edition

Author : Peter B. Maggs,Olga Schwartz,William Burnham
Publisher : Juris Publishing, Inc.
Page : 957 pages
File Size : 51,7 Mb
Release : 2015-01-01
Category : Courts
ISBN : 9781578234431

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Law and Legal System of the Russian Federation - Sixth Edition by Peter B. Maggs,Olga Schwartz,William Burnham Pdf

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.

Formalism, Decisionism and Conservatism in Russian Law

Author : Mikhail Antonov
Publisher : BRILL
Page : 210 pages
File Size : 55,6 Mb
Release : 2020-11-09
Category : Law
ISBN : 9789004442580

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Formalism, Decisionism and Conservatism in Russian Law by Mikhail Antonov Pdf

This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.

Russian Discourses on International Law

Author : P. Sean Morris
Publisher : Routledge
Page : 279 pages
File Size : 46,9 Mb
Release : 2018-09-07
Category : Law
ISBN : 9780429679452

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Russian Discourses on International Law by P. Sean Morris Pdf

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.

From Soviet to Russian International Law

Author : George Ginsburgs
Publisher : Martinus Nijhoff Publishers
Page : 436 pages
File Size : 47,5 Mb
Release : 1998-01-01
Category : Law
ISBN : 9041105433

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From Soviet to Russian International Law by George Ginsburgs Pdf

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.

Private and Civil Law in the Russian Federation

Author : William Bradford Simons
Publisher : BRILL
Page : 401 pages
File Size : 54,7 Mb
Release : 2009
Category : Law
ISBN : 9789004155343

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Private and Civil Law in the Russian Federation by William Bradford Simons Pdf

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.

Russian Approaches to International Law

Author : Lauri Mälksoo
Publisher : Academic
Page : 241 pages
File Size : 49,6 Mb
Release : 2015
Category : History
ISBN : 9780198723042

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Russian Approaches to International Law by Lauri Mälksoo Pdf

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

International Law and Domestic Legal Systems

Author : Dinah Shelton
Publisher : Oxford University Press
Page : 749 pages
File Size : 44,6 Mb
Release : 2011-09-29
Category : Law
ISBN : 9780199694907

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International Law and Domestic Legal Systems by Dinah Shelton Pdf

By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.

International Law

Author : Valeriĭ Ivanovich Kuznet︠s︡ov,Bakhtii͡ar Raisovich Tuzmukhamedov
Publisher : Eleven International Publishing
Page : 764 pages
File Size : 51,8 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134481543

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International Law by Valeriĭ Ivanovich Kuznet︠s︡ov,Bakhtii͡ar Raisovich Tuzmukhamedov Pdf

"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.

Comparative International Law

Author : Anthea Roberts,Paul B. Stephan,Pierre-Hugues Verdier,Mila Versteeg
Publisher : Oxford University Press
Page : 641 pages
File Size : 50,7 Mb
Release : 2018
Category : Law
ISBN : 9780190697570

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Comparative International Law by Anthea Roberts,Paul B. Stephan,Pierre-Hugues Verdier,Mila Versteeg Pdf

"The chapters of this volume were presented at the twenty-seventh and twenty-eighth Sokol Colloquia on Private International Law, held at the University of Virginia School of Law in September 2014 and September 2015." -- Acknowledgments, p. [xi].

Russian Public Law

Author : William Elliott Butler
Publisher : Wildy, Simmonds & Hill Publishing
Page : 1024 pages
File Size : 40,6 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134496236

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Russian Public Law by William Elliott Butler Pdf

The most comprehensive collection of Russian legal materials ever produced in the English language on Russian public law. This volume contains sixty-two enactments and documents, some unpublished even in the Russian language, in force and devoted to the constitutional foundations of the Russian Federation, publication of legislation, human rights, the Russian Presidency, Parliament, Government, and judicial system, domestic and international arbitration, courts of all types, justices of the peace, and the legal profession, broadly defined. In this volume the legal profession encompasses the advocate, jurisconsult, notary, procurator, and law enforcement personnel, including private detectives. Particular attention is given to documents which regulate the internal workings of the Russian presidency, parliament, government, and Constitutional Court in the form of 'reglaments' and the judiciary generally.

Private International Law of Corporations

Author : Dr. Maria Kaurakova
Publisher : Spiramus Press Ltd
Page : 168 pages
File Size : 50,7 Mb
Release : 2017-11-10
Category : Law
ISBN : 9781910151679

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Private International Law of Corporations by Dr. Maria Kaurakova Pdf

This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.