Transformation in Russia and International LawMartinus Nijhoff Publishers, 2003 M01 1 - 494 páginas 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. |
Contenido
SUCCESSION OF STATES IN THE FORMER | 9 |
Law 193138 | 68 |
of International Law | 163 |
or Vice Versa? | 184 |
USSR and the Russian Federation | 190 |
Flexible Solutions in the Interest of Security | 202 |
the Former Soviet Union | 221 |
the USSR Continuity through Succession | 233 |
USSR Citizens in Russia | 266 |
in the Former Soviet Union | 278 |
THE RELATION OF INTERNATIONAL | 295 |
A Monist Basic Solution | 375 |
THE DEMOCRATISATION | 433 |
BIBLIOGRAPHY AND TABLE OF CASES | 445 |
483 | |
Soviet Republics Internationalised | 253 |
Términos y frases comunes
1993 Constitution accordance acts adopted agreement apply Article Baltic Belarus bourgeois Chechnya citizenship committee concept concluded Constitutional Court contended continuity Convention Danilenko debt declared decree discussed doctrine domestic law established Estonia Europe example Finland foreign ministry foreign policy former Soviet Union human rights human rights treaties Ibid idem ideology international human rights international law international legal international relations Izdatel'stvo Kazakhstan Korovin Koskenniemi Latvia legal system legislation Martens Martti Koskenniemi Mezhdunarodnoe pravo mezhdunarodnogo prava MJIL moreover Moskva Müllerson norms of international parties Pashukanis peace perestroika political position principles and norms propiska provisions ratification regard regulation revolution rights and freedoms RSFSR rule Russian Constitution Russian Empire Russian Federation Russian Treaty Law scholarship Schweisfurth Slavophiles social socialist sovereignty Soviet international Soviet scholars Soviet Treaty Soviet Union stipulated succession successor supra note Supreme Soviet territory theory tion tional law Tunkin Ukraine United Nations USSR USSR's Western writings