From Soviet To Russian International Law

Author : George Ginsburgs
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041105431
Total Pages : 436 pages
Book Rating : 4.33/5 ( download)

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Download or read book From Soviet to Russian International Law written by George Ginsburgs and published by Martinus Nijhoff Publishers. This book was released on 1998-01-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Tarja Långström
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789004137547
Total Pages : 530 pages
Book Rating : 4.48/5 ( download)

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Download or read book Transformation in Russia and International Law written by Tarja Långström and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Lauri Mälksoo
Publisher : Academic
ISBN 13 : 0198723040
Total Pages : 241 pages
Book Rating : 4.42/5 ( download)

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Download or read book Russian Approaches to International Law written by Lauri Mälksoo and published by Academic. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : William E. Butler
Publisher : Oxford University Press
ISBN 13 : 0192580787
Total Pages : 224 pages
Book Rating : 4.88/5 ( download)

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Download or read book International Law in the Russian Legal System written by William E. Butler and published by Oxford University Press. This book was released on 2020-09-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Karolina WIERCZYŃSKA
Publisher : Wydawnictwo Naukowe Scholar
ISBN 13 : 8373839011
Total Pages : 356 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Case of Crimea’s Annexation Under International Law written by Karolina WIERCZYŃSKA and published by Wydawnictwo Naukowe Scholar. This book was released on 2017-02-15 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses issues connected with Russia’s 2014 annexation of Crimea that are both of key current relevance and crucial from the point of view of both international law and international relations. It not only offers a comprehensive elaboration of the subject, but also presents it from the points of view of states directly engaged in the conflict. For the authors in this book include researchers from many European countries, albeit first and foremost from both Ukraine and Russia. In this way the collected work represents a contribution of undoubted value where the ongoing international debate on the Crimean annexation is concerned. From the review by Prof. Anna Wyrozumska This book offers an interesting, holistic and competent contribution to legal analysis surrounding Russia’s annexation of Crimea, the consequences thereof and the responsibility in international law therefor. It is characterised by a high level of legal analysis by a competent international team of authors led by Polish experts on the subject, whose painstaking selection of co-authors has allowed for an airing of both Ukrainian and Russian standpoints. From the review by Prof. Jerzy Kranz Książka stanowi wspólne przedsięwzięcie Wydawnictwa Naukowego Scholar i Centrum Polsko-Rosyjskiego Dialogu i Porozumienia http://cprdip.pl/ Book published in co-edition with The Centre for Polish-Russian Dialogue and Understanding http://cprdip.pl/

Author : André Garnefsky
Publisher : Springer
ISBN 13 : 9401750688
Total Pages : 189 pages
Book Rating : 4.84/5 ( download)

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Download or read book Public Policy in Soviet Private International Law written by André Garnefsky and published by Springer. This book was released on 2013-11-21 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is based on original Russian sources, due atten tion being paid to some authoritative views advanced by foreign lawyers. Leaving aside the essentials of the work in the hope that they will speak for themselves; I should like to make some prelim inary remarks regarding the linguistic and other formal aspects. First of all it should be noted that many of the Soviet laws have already been translated into English either in the USSR itself or in Western countries. This fact is fully reflected in the bibliographical survey at the end of this study. Some laws have been translated both in the Soviet Union and abroad, as for instance the Fundamentals of Soviet Civil Legislation. In such a case I have used the translation made in the USSR even though linguistically it may be inferior to the translation made in the West. The author has translated only those legal provi sions of which no English translation was available. For transliteration, I have used the system of the Library of Congress of the USA without its diacritical marks. Further, a word should be said about the references in the notes. They are very brief and consist of the surnames of the authors concerned and if necessary an additional element, e. g.

Author : P. Sean Morris
Publisher : Routledge
ISBN 13 : 0429679459
Total Pages : 279 pages
Book Rating : 4.52/5 ( download)

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Download or read book Russian Discourses on International Law written by P. Sean Morris and published by Routledge. This book was released on 2018-09-07 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : George Ginsburgs
Publisher : BRILL
ISBN 13 : 9004634479
Total Pages : 432 pages
Book Rating : 4.73/5 ( download)

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Download or read book From Soviet to Russian International Law written by George Ginsburgs and published by BRILL. This book was released on 2023-09-20 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Donald D. Barry
Publisher : Routledge
ISBN 13 : 1315486431
Total Pages : 491 pages
Book Rating : 4.37/5 ( download)

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Download or read book Toward the Rule of Law in Russia written by Donald D. Barry and published by Routledge. This book was released on 2019-07-26 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume - all specialists on Soviet law and politics - offer a comprehensive examination of the effort to create a "law-based" state in the Gorbachev-era U.S.S.R., thus effecting a fundamental change in the relationship between the state and private groups and individuals. Gianmaria Ajani, Donald Barry, Harold Berman, Frances Foster-Simons, George Ginsburgs, John Hazard, Kathryn Hendley, Eugene Huskey, Dietrich Loeber, Peter Maggs, Hiroshi Oda, Nicolai Petro, Robert Sharlet, Louise Shelley, Will Simons and Peter Solomon, with commentary by Soviet scholars, discuss conceptual, historical, social, cultural, and institutional aspects of Soviet legal development, and supply detailed analysis of recent developments in the areas of civil, criminal, and labour law and the rights of individuals, economic organizations, and political and social groups.

Author : Johannes Socher
Publisher : Oxford University Press
ISBN 13 : 0192651722
Total Pages : 289 pages
Book Rating : 4.23/5 ( download)

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Download or read book Russia and the Right to Self-Determination in the Post-Soviet Space written by Johannes Socher and published by Oxford University Press. This book was released on 2021-06-17 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.