International Law and the Russian Legal System

Overview

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...
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Overview

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is paid in this study to Russian judicial practice in applying customary and treaty norms (the author had access to unpublished decisions in the archives of the Russian Supreme Court and other courts of the Russian Federation).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.
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Product Details

  • ISBN-13: 9789077596203
  • Publisher: Eleven International Publishing
  • Publication date: 3/23/2007
  • Series: Foreign Translation Program Series
  • Pages: 434
  • Product dimensions: 6.30 (w) x 9.50 (h) x 1.10 (d)

Table of Contents

Table of Judicial Practice ix

Table of Russian Legislation xv

Table of USSR Legislation xxii

Table of Treaties xxiii

Table of Documents of International Organisation xxxiii

Abbreviations xxxvii

Preface V. M. Lebedev xxxix

Editor's Introduction W. E. Butler xli

Introduction xliii

Chapter 1 National Law as Means of Ensuring the Realization of International Law 1

§1 Interaction of International and Municipal Law 1

§2 General Peculiarities of Ensuring the Realization of Provisions of Norms of International Law with Assistance of National Law in Sphere of Municipal Relations 12

§3 National Legal Implementation as Form of Interaction of International and National Law in Sphere of Municipal Relations 17

Chapter 2 Method of National Legal Implementation 45

§1 Municipal Law-Creation as Method of National Legal Implementation 48

§2 Incorporation Renvoi as Method of National-Legal Implementation 60

§3 Interpretation of Legal Norms as Method of National Legal Implementation 93

Interpretation of Norms of National Law by Taking into Account Provisions of Norms of International Law 93

Interpretation of Provisions Contained in Sources of International Law Which Have Become Binding upon State 110

Chapter 3 Norms of International Law and the Legal System of the Russian Federation 139

§1 General Provisions 139

§2 Self-Executing and Nonself-Executing Provisions of Norms of International Law 153

§3 Generally-Recognized Principles and Norms of International Law and Legal System of Russian Federation 170

General Criteria for Generally-Recognized Norm of International Law 178

Special Criterion for Generally-RecognizedNorm of International Law 179

Peculiarities of Realization in Sphere of Municipal Relations of Provisions Contained in Generally-Recognized Principles and Norms of International Law 192

§4 International Treaties of Russian Federation and Legal System of Russia 204

Criteria of International Treaty Being Realized in Sphere of Municipal Relations 208

Entry of International Treaty into Force 208

Conclusion of International Treaty in Written Form 215

Conditions of Realization of International Treaty in Sphere of Municipal Relations 217

§5 Decisions of International Intergovernmental Organizations and Legal System of Russian Federation 227

Making Changes in Charters of International Intergovernmental Organizations 232

Establishment of Rules Determining Behavior of Member States Outside International Intergovernmental Organization (External Regulation) 233

Creation of Internal Law of International Intergovernmental Organization (Internal Regulation) 235

§6 Decisions of European Court for Human Rights and Legal System-of-Russian Federation 253

Chapter 4 Correlation of Legal Force of Sources of International Law Which Have Become Part of Legal System of Russia and Sources of National Law of Russian Federation 269

§ 1 General Provisions 269

Principles Enabling Existence or Absence of Legal Conflicts Arising at Level of Subjective Rights and Duties to be Determined 283

Principles of Settling Conflicts Arising in Sphere of Municipal Relations 290

§2 Hierarchical Force in Legal System of Russia of International Custom Containing Generally-Recognized Principles and Norms of International Law 301

§3 Hierarchical Force in Legal System of Russia of International Treaty of Russian Federation 324

Settlement of Conflicts Arising Between Provisions Contained in Lnternational Treaties of Russian Federation and also in Sources of National Law of Russia 329

Settlement of Conflicts Directly Arising Between Provisions of International Treaties of Russian Federation Which Have Become Part of Legal System of Russia 341

§4 Hierarchical Force of Decisions of International Intergovernmental Organizations in Legal System of Russian Federation 349

Conclusions 351

Bibliography 371

Index 385

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