Russian Discourses on International Law PDF Download

Author: P. Sean Morris
Publisher: Routledge
ISBN: 0429679459
Category : Law
Languages : en
Pages : 279

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Book Description
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: P. Sean Morris
Publisher:
ISBN: 9781315123837
Category : International and municipal law
Languages : en
Pages :

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Author: Lauri Mälksoo
Publisher: Academic
ISBN: 0198723040
Category : History
Languages : en
Pages : 241

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Book Description
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: Lauri Mälksoo
Publisher: OUP Oxford
ISBN: 0191034681
Category : Law
Languages : en
Pages : 290

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Book Description
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.

Author: John Edward Fowler Distinguished Professor of Law William Butler
Publisher: Oxford University Press, USA
ISBN: 0198842945
Category : Law
Languages : en
Pages : 257

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Book Description
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: Marco Siddi
Publisher: Routledge
ISBN: 1315315149
Category : Political Science
Languages : en
Pages : 272

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Book Description
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.

Author: Johannes Socher
Publisher: Oxford University Press
ISBN: 0192897179
Category : Law
Languages : en
Pages : 289

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Book Description
The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or'domesticate' the nationalist version by limiting it to 'abnormal' situations, such as colonialism in the sense 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 has a distinct approach to self-determination that sets it apart both from Western States and from state practice during Soviet times. Against the background of the Soviet Union's role inthe 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 seven secessionist conflicts and a detailed study of Russian sources andscholarship, 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 may be best understood in terms of Russian power politics disguised as legal rhetoric, aswell as being evidence of a regional (re-)fragmentation of international law.

Author: Lewis David G. Lewis
Publisher: Edinburgh University Press
ISBN: 1474454798
Category : Political Science
Languages : en
Pages : 324

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Book Description
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.

Author: Tarja Långström
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004137547
Category : Law
Languages : en
Pages : 530

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Book Description
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: Julie Makarychev, Andrey Umland, Andreas Fedor
Publisher: BoD – Books on Demand
ISBN: 3838214668
Category : History
Languages : en
Pages : 360

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Book Description
Special Sections: Russian Foreign Policy Towards the “Near Abroad” and Russia's Annexiation of Crimea II This special section deals with Russia’s post-Maidan foreign policy towards the so-called “near abroad,” or the former Soviet states. This is an important and timely topic, as Russia’s policy perspectives have changed dramatically since 2013/2014, as have those of its neighbors. The Kremlin today is paradoxically following an aggressive “realist” agenda that seeks to clearly delineate its sphere of influence in Europe and Eurasia while simultaneously attempting to promote “soft-power” and a historical-civilizational justification for its recent actions in Ukraine (and elsewhere). The result is an often perplexing amalgam of policy positions that are difficult to disentangle. The contributors to this special issue are all regional specialists based either in Europe or the United States.