http://worldcat.org/entity/work/id/52941734

International law and the Russian legal system

This work analyses the interaction between international law and the Russian legal system at a level of detail and sophistication without precedent in Russian legal doctrine. This topic has become vital for Russian courts because generally-recognized principles and norms of international law and international treaties have become part of the Russian legal system since the Constitution of Russia was adopted in 1993. Great attention is paid in this study to Russian judicial practice in applying customary and treaty norms, the author having had access to unpublished decisions in the archives of the Russian Supreme Court and other courts of the Russian Federation, and to the impact of decisions of international organizations and the practice of the European Court for Human Rights. The author sets out the legal foundations of the interaction between international law and municipal law in relations between subjects of international and national law and addresses at length whether and when the direct application of international legal norms is possible in the domestic legal relations of Russia. This book raises to a new level the continuing discussion of the correlation of international and national law. Classic concepts of monism and dualism can not cope with all aspects of the interaction of international and national law. Small wonder that it is required reading for Russian judicial personnel. A welcome addition to the literature, this study will be of interest to academics, practising lawyers, government legal advisors, and investors alike.

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