Sovereignty and Russian Resistance to Human Rights
This contribution analyses the features of Russian legal culture that – in the author’s opinion – prevent this culture from acceptance of human rights in their liberal reading. These features are examined through the lenses of the conceptual history. The positivist intellectual tradition of conceptualising law in terms of state power led to the priority of state commands over natural rights: the former define the extent to which the latter are legal. With this, human rights defined by the international community or by civil society cannot work as checks and balances against the state and its arbitrary power. This perception of rights fits the political autocracy very well, which is conceptualised in Russian legal scholarship in terms of sovereignty. The author argues that sovereignty, as it is perceived in the epistemic community of Russian lawyers, conceptually excludes the priority of human rights. Because of this, the argument of sovereignty unsurprisingly became one of the cornerstones of the current ideology in Russia, and continues to feed interpretative controversies about human rights between Russian and other epistemic communities.
This article analyzes the peculiarities of Russian legislation on Indigenous Peoples of the North and its application in practice over the past 20 years. The author identifies several phases of development of this legislation and its current status, and formulates proposals for improvement of the “indigenous” legislation and related enforcement practices.
This article is the introduction to the special issue of the Review dealing with current trends in development of Russian law
Ce manuel est une première dans la coopération juridique bilatérale entre nos deux pays. Cet ouvrage est destiné à offrir aux étudiants et aux professionnels du droit et de la justice des clés de lecture communes de deux droits souvent donnés comme divergents. L'une de ses richesses majeures est de montrer comment, en dépit de législations, de doctrines juridiques et de pratiques judiciaires différentes, les droits français et russe restent, dans un nombre important de domaines, très proches. Les branches principales des droits public et privé français et russe y sont ainsi abordées les unes à la suite des autres, alternant approches françaises et russes, afin de permettre au lecteur de mieux comprendre le fonctionnement de son propre droit à la lumière du droit de l'autre pays. Plus qu'un instrument de comparaison de nos deux systèmes, ce manuel se veut donc un instrument de coopération juridique entre nos pays, invitant à s'interroger sur ce qui fait le droit et l'identité juridique d'un Etat.
This monograph is dedicated to both theoretical and practical problems of joint application of International Humanitarian Law and International Human Rights Law norms in armed conflicts. Special emphasis is made on the contradictions between norms of both branches of International Law in the sphere of protection of right to life and right to liberty. Conclusions made by the author are based on the analysis of norms of International Law, practice of their application by international organizations and states, decisions of the International Court of Justice, The UN Human Rights Committee, The European Court of Human Rights, The Inter-American Commission and Court of Human Rights, The African Commission on Human' and Peoples' Rights, international and mixed criminal courts and tribunals, as well as legal literature.
The report addresses the methodological challenge of studying judicial reasoning in a Codified Systems of such Western countries as France and Germany in the 19th century and Russia in the late 19th early 20th century. The difference in style of Western European and Russian decision should be explained by taking into account national legal consciousness along with black letter rules of the codes and statutes.
The chapter in a monograph gives an insight into the key problems and most recent tendencies of the law and practice of mediation in Russia. Russia already has detailed federal legislation governing mediation. Also, mediation has been practised in Russia for years, even when such legislation was not in force. Furthermore, Russian law governing mediation is in rapid development. Thus current Russian experience can be of interest to legislators and practitioners from many countries which also face problems with case overload in the state courts.
This is a book review of Bill Bowring's Law, Rights and Ideology in Russia.
From the creation of the International Human Rights Law its relationship with the International Humanitarian Law which emerged earlier faced many changes. These changes can be divided into 3 periods. The first period (1945 - middle of 60-ties) was characterized by denial of the regulating impact of the International Human Rights Law on the relationship between parties in armed conflicts. The second period started in the middle of 60-ties and consisted in acknowledgement of parallel application of both branches of International Law. The third period, which began in 2005, is connected with recognition of a possibility of integration of International Humanitarian Law and International Human Rights Law.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/