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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.
List of contents
- Introduction
- 1: Historical Background
- 2: Sources of the Russian Law of Treaties
- 3: Contemporary Treaty-Making in the Russian Federation
- 4: Publication and Registration of Treaties in Russia
- 5: Constitutional Legislative History and Treaties in the Russian Legal System
- 6: Treaties of Subjects of the Russian Federation
- 7: International Treaties in Russian Judicial and Arbitral Practice
- 8: Generally-Recognized Principles and Norms of International Law
- Conclusions
About the author
William E. Butler is a pre-eminent authority on the legal systems of Russia and extensively involved in the field of public and private international law. He has been the John Edward Fowler distinguished Professor of Law at the Dickinson School of Law, Pennsylvania State University since 2005 is Emeritus Professor of Comparative Law at the University of London.
Summary
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.
Additional text
Contains much background on pre-revolutionary and Soviet approaches to the law of treaties and on the legislative history of Article 15(4) of the 1993 Russian Constitution.
