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The Operation of International Law in the Russian Legal System: A Changing Approach de Sergey Yu. Marochkin

The Operation of International Law in the Russian Legal System: A Changing Approach: Brill's Asian Law Series, cartea 8

Autor Sergey Yu. Marochkin
en Limba Engleză Hardback – 2 ian 2019
This book addresses the increased role and standing of international law in the Russian legal system through analysis of judicial practice since the adoption of the Russian Constitution in 1993. The issue of interaction and hierarchy between international and domestic law within the Russian Federation is studied, combining theoretical, legal and institutional elements.
Sergey Marochkin explores how methods for incorporating and implementing international law (or reasons for failing to do so) have changed over time, influenced by internal and global policy. The final sections of the book are the most illustrative, examining how 'the rule of law’ remains subordinate to ‘the rule of politics’, both at the domestic and global level.
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Specificații

ISBN-13: 9789004390201
ISBN-10: 9004390200
Dimensiuni: 155 x 235 mm
Greutate: 0.61 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Brill's Asian Law Series

Cuprins

AcknowledgementsList of AbbreviationsIntroduction

Part 1: Norms and Sources of International Law in the Legal System of the Russian Federation

1 A Fleeting Glance Back1 Prior to the Disintegration of the USR 2 From the 1991 Coup and the Collapse of the USR to the Adoption of the New Constitution of Russia 3 The 1993 RF Constitution and International Law2 On the Concept of National and International Legal Systems1 The Development of the Concept in the Legal Theory 2 On the Concept of a Legal System in the International Law Theory3 The Capacity and Role of Norms of International Law in the Legal System of the Russian Federation1 Preliminary Remarks 2 The Nature of International Law Norms in the Domestic Jurisdiction 3 Do Supporters of ‘Transformation’ and ‘Direct Application’ Hold Opposing Views? 4 Legislation 5 Doctrinal-and-Practical Commentaries 6 Some Conclusions4 International Law Sources and Sources of Law of the Russian Federation1 Reflection on the Issue in the Legal Theory 2 Legislation 3 Doctrinal-and-Practical Commentaries 4 International Law Doctrine about a Place of the International Law Sources in the Legal System of Russia 5 Some Results5 Interaction between Legal Force of International and Russian Law Norms1 Prerequisites of the Constitutional Provision Concerning the Hierarchy of Norms of International Law and Russian Law 2 Doctrine and Commentaries 3 Generally Recognized Principles and Norms of International Law or the RF Constitution and Legislation? 4 Which International Treaties Have Priority 5 Over Which Acts Do Treaties Have Priority? 6 Basic Rules for the Interaction between the Legal Force of Norms of International and Russian Law 7 Conclusions

Part 2: Legal and Organizational Basics for Operation and Realization of International Law Norms in the Legal System of the Russian Federation

6 Legal Conditions for Operation and Realization1 The Purpose and Meaning of Conditions 2 General Reference to International Law within Domestic Law 3 Consent to be Bound 4 Entry of a Treaty into Force 5 Publication of a Treaty 6 Obligation of a Treaty for Another Party 7 Additional Conditions7 Types of Reference Rules and Their Impact on Operation and Realization of Norms of International Law1 Function and Types of Reference Rules 2 Reference Rules on Limitations of Application of International Law Norms 3 Options and Schemes of Operation and Realization8 Ensuring the Operation and Realization of International Law Norms at the Organizational Level1 The Constitutional Bodies 2 Executive 3 Judicial Power 4 The Prosecutor General’s Office of the Russian Federation 5 Special Bodies 6 Conventional Bodies9 Federal, Regional and Local Levels1 Central Federal Authorities 2 Federal Agencies on the Regional Level 3 Bodies of State Power of the Subjects of the Russian Federation 4 Bodies of Local Self-Government

Part 3: Practical Aspects of the Operation and Realization of International Norms in the Legal System of the Russian Federation

10 Forms, Spheres, and Functions1 Forms of Operation and Realization 2 Scope of Operation and Realization 3 Functions of the IL Rules in the Legal System of the Country 4 Refusal to Apply a Treaty 5 Treaties without Russian Participation11 Self-executing and Non-self-executing Norms of IL1 Development of the Issue in the Doctrine 2 Legislation and Its Doctrinal Commentaries 3 Reflection of the Issue in Judicial Practice 4 Attributes of Self-executing Norms, Arising from the International Treaties12 On the Procedure (Methodology) of Applying International Treaty Norms13 Other International Rules and Instruments in the Legal System of Russia1 Generally Recognized Principles and Norms of IL 2 Recommendatory Acts, International Conferences Acts, Model Acts 3 Individual and Regulatory Decisions of International Bodies 4 Acts of the Bodies of Integration Institutions 5 Judgments of the European Court of Human Rights 6 Judgments of the ECtHR and the RF Constitutional Court: A Changing Indicator of the Russian Attitude Towards the Place and Role of International Obligations in the Domestic Legal System14 The Issue under Study through the Prism of International and National Rule of LawConclusionName IndexSubject Index

Notă biografică

Sergey Yu. Marochkin, SJD (1998), Ural Law Academy (Ekaterinburg), is a Law Professor at the University of Tyumen. He has published monographs, articles and contributed chapters to textbooks and edited volumes on international law including Russia and the European Court of Human Rights (CUP, 2018). His 2011 monograph, Operation and Realization of International Law Norms in the Legal System of the Russian Federation, won the 2013 F.F. Martens Prize of the Russian Academy of Sciences.

Recenzii

"Marochkin has produced an admirable treatise which will deserve the attention of international and comparative lawyers." - W.E. Butler, in: Journal of Comparative Law, XIV (2019)
"Being deep in content and possessing qualitative analysis of legal material, this book raises the bar for the research of the interrelation between international and domestic law to practically unattainable heights. Most importantly, this treatise introduces these developments to numerous English-speaking readers and aims to bring together a scattered and divided academical community." - Maksim Likhachev and Yury Bezborodov, in: Beijing Law Review, 2019, 10, pp. 474-479
"[This] Monograph of S. Marochkin draws up a new direction in modern legal science - the theory of the constitutional foundations of international law domestic implementation, expands the field of scientific knowledge of legal reality, enriches the theory of state and law, international, constitutional, civil, conflict law, legal science in general." - Prof. V.O. Luchin, Prof. T.M. Pryakhina
"Das Buch von Marochkin behandelt also ein in der Rechtswissenschaft (mit gutem Grund) ausgesprochen aktuelles Thema. Marochkin ist ein für den westlichen Leser ausgesprochen nützliches Buch gelungen. (….) Für einen der russischen Sprache nicht mächtigen Juristen oder sonst an Russland interessierten Leser ist die Rezeption, Funktion und Wirkungsweise des Völkerrechts in Russland und im russischen Recht erschließbar geworden." - Prof. Alexander Blankenagel, in: ZAORV 79, 2019, pp. 1038-1045
"The monograph ... allows the foreign reader to grasp the theoretical concepts, official positions, and actions of the Russian Federation in the implementation of its international obligations within the domestic legal system and the resulting scientific and practical problems." - Prof. W. Butler and Assistant Prof. V. Ivanenko, in: Pravovedenie 62/4 (2019), pp. 792–802
"We recommend this book to those who are interested in Russian legal science, behavior patterns of Russia in performing its international obligations and its attitude towards international law in general." - V. Gavrilov, R. Nurimbetov, in: Chinese Journal of International Law, issue 3 (2020)
"This book is a major development in academic thought on the application of international law to domestic legal systems and is a must-readfor practitioners in domestic judicial organs or international institutions, scholars and young researchers." - Anna Kondratyuk, "The Operation of International Law in the Russian Legal System. A Changing Approach", in: Europe-Asia Studies 72:2 (2020), 336-337 [DOI: 10.1080/09668136.2020.1725295]
"Marochkin’s study on the role of international law in the Russian legal system, indeed, is an important and timely one, and is carried out – which is more relevant – in a competent manner and with impeccable scientific accuracy. " - Daniele Amoroso, in Italian Yearbook of International Law, Volume XXIX (2019)
"The monograph consistently exposes the author's idea about the essence of national implementation of the principles and norms of international law, domestic legal and institutional mechanisms for such implementation, assessment and generalization of the practice of Russian courts related to the appeal to international law and the application of international legal norms." - Kapustin A. Ya., Zhuravleva I.P., in: Moscow Journal of International Law 2020. No.1
"..a detailed and thus valuable source for all those who discovered their lust for Russia’s approach towards international law amid Russia’s increased assertiveness on the geopolitical stage." - Ralph Janik, in Review of Central and East European Law, Vol. 46 (2021, pp 303-305)