Domestic Implications of the OSCE's Legal Personality under Russian Constitutional Law
The chapter deals with the official position of the Russian Federation regarding the international legal personality of the OSCE. The author addresses Russia’s argument that the international legal personality to the OSCE may be granted only if also a constitutive treaty of the OSCE (a Charter) will be adopted, and the adoption of the separate convention on the international legal personality would be contrary to the Article 79 of the Russian Constitution. This position is analysed in terms of text of the Constitution, the case law of the Russian Constitutional Court, and the Russian international and constitutional law scholarship. The author seeks to answer the question of whether the position of the Russian Federation really stands on the firm legal ground of Russian constitutional law and on doctrinal foundations.