Russian Approaches to International LawOUP Oxford, 5.3.2015 - 290 sivua This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations. 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. |
Sisältö
1 | |
2 The History of International Legal Scholarship in Russia | 36 |
3 Theory of International Law in Contemporary Russia | 77 |
4 Patterns of PostSoviet Russian State Practice in International Law | 147 |
Bibliography | 197 |
223 | |
Muita painoksia - Näytä kaikki
Yleiset termit ja lausekkeet
academic approaches to international arbitration argued Bakhin Baltic century Charter Chernichenko civilization civilizational concept context of international countries country’s Crimea critical Danilevsky Diplomatic Academy discourse doctrine Dugin ECtHR Energy Charter Treaty Estonian Europe European example F. F. Martens Farkhutdinov global history of international Hrabar human rights Ibid idea ideological Ignatenko international economic law international law scholars international law scholarship international legal international relations jus ad bellum Kommersant Kozhevnikov Kurdyukov law in Russia Lukashuk Martens Melkov Mezhdunarodnoe pravo Mezhdunarodnoe pravo Moscow mezhdunarodnoga prava Muscovy national law Nezavisimaya gazeta Obshaya chast political post-Soviet post-Soviet Russia pravo i protsess President Putin principle Rossii Rossiiskoi Russian Federation Russian government Russian international law Russian MFA Russian scholars Russian scholarship Shumilov sovereignty Soviet Soviet period St Petersburg subjects of international Taube textbook tional law treaties Tsarist Tunkin Ukraine UN Charter Usenko USSR Valeev W. E. Butler West Western Zorkin