International Law in the Russian Legal System

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Court ◽  
International Treaties ◽  
Investment Protection ◽  
European Court ◽  
System P ◽  
Lower Courts ◽  
History Of

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.

scholarly journals Constitutional Preview and Review of International Treaties: France And Indonesia Compared

2019 ◽  
Vol 5 (1) ◽  
pp. 039
Author(s):  
Dewi Nurul Savitri
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal System ◽  
Constitutional Court ◽  
International Treaties ◽  
International Treaty ◽  
Scholarly Literature ◽  
European Court ◽  
National Legal System

The Indonesian Supreme Court and the Indonesian Constitutional Court are experienced in examining international treaties, although the Indonesian constitution and national laws do not stipulate this matter explicitly. The Constitutional Council of France has the authority to examine judicial previews of bills concerning international treaties. Moreover, French judges can examine international treaties. There is also the European Court of Human Rights, which has an important role concerning the control of conventionality. This article aims to promote discussion about the examination of international treaty cases in Indonesia. It begins by considering the international scholarly literature on integrating international treaties and the rank of international treaties in the national legal system. Then, this article discusses the possibility of the Indonesian Constitutional Court to examine judicial preview of international treaty bills and judicial reviews concerning ratified international treaties.

scholarly journals Status of International Law In Indonesian National Law: Review of International Conventions in Indonesian Legal System

2017 ◽  
Author(s):  
Hamza Baharuddin ◽  
Achmad Zulfikar
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Legal System ◽  
International Research ◽  
International Treaties ◽  
International Treaty ◽  
System P ◽  
Before And After ◽  
The Status ◽  
International Conventions

This manuscript is an Extended Abstract from the Abstract that has been presented in 2nd International Research Conference on Economics, Business and Social Sciences. This manuscript provides a simple overview of the status of international conventions as the part of international law. Several parts of the whole paper have been revealed which result comparing the three international treaties endorsed by the Indonesian government before and after the enactment of Law No. 24 of 2000 on the International Treaty. If you need more information related to this manuscript please contact the author.

5 Constitutional Legislative History and Treaties in the Russian Legal System

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
International Treaties ◽  
Constitutional History ◽  
International Treaty ◽  
Legislative History ◽  
Final Version ◽  
System P ◽  
Russian Law

This chapter traces the international treaty within Russian constitutional history. It shows how the Soviet and post-Soviet formulations on treaties influenced the drafters of the 1993 Russian Federation Constitution. These drafters had reacted, favourably or unfavourably, in the myriad of draft constitutions which circulated in Russia from 1990 to the final version of 12 December 1993. The chapter considers several of these chronologically, with commentary on their respective sources and approach to drafting. It primarily concentrates on whether only ratified treaties should enjoy priority (if at all) and whether generally-recognized principles and norms of international law and international treaties of Russia are part of Russian law or part of the Russian legal system (if at all).

The Role of Academics in the Legal System

2005 ◽  
Author(s):  
William Twining ◽  
Ward Farnsworth ◽  
Stefan Vogenauer ◽  
Tesón Fernando
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Legal System ◽  
Civil Law ◽  
Legal Scholarship ◽  
The United Kingdom ◽  
System P ◽  
The Relationship

This article considers the ways in which legal scholars relate to and participate in practical legal affairs. The discussion covers audiences and influence of legal scholars in the United Kingdom; the relationship between the American legal academy and the institutions; civil law systems; the nature of international legal scholarship; and the influence of international legal scholars on international law.

The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights

2019 ◽  
pp. 255-272
Author(s):  
David Kosař ◽  
Jan Petrov
Keyword(s):  
Human Rights ◽  
Constitutional Court ◽  
System P ◽  
Domestic Courts ◽  
The Future ◽  
Lower Courts ◽  
Considerable Resistance ◽  
Multiple Interactions ◽  
Domestic Level

The Strasbourg system of human rights has been going through a backlog, legitimacy, and implementation crisis during the past decade. Debates addressing the future of the ECHR system and seeking answers to those challenges have concentrated on the domestic level of the Strasbourg system. This chapter concurs that domestic actors, and the domestic judiciary in particular, are essential for the effectiveness and legitimacy of the Strasbourg system since they ‘diffuse’ the ECtHR’s conclusions domestically and subsequently ‘filter’ human rights claims. However, the chapter seeks a more nuanced approach to the role of domestic courts in the architecture of the ECHR system. It problematizes the contribution of domestic courts to the ECHR’s effectiveness on three accounts. First, courts are not the sole actors involved in domestic implementation mechanisms. The judiciary enters into multiple interactions with other domestic actors and is not necessarily always victorious. Second, there are several actors within the judiciary who may have different attitudes to the ECtHR such as the constitutional court, apex courts, lower courts, court presidents, and judicial associations. Third, not all those actors unequivocally support implementation of Strasbourg case law and some of them have shown considerable resistance to the ECtHR. These insights should provide a more nuanced basis for addressing the future of the ECHR system.

Rethinking the relationship between international and national law at the turn

2020 ◽  
Vol 22 (1) ◽  
pp. 33-42
Author(s):  
IGOR N. BARTSITS ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Constitutional Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Treaties ◽  
National Courts ◽  
National Legal System ◽  
The Russian Federation

The article is devoted to revealing the specifics of the implementation of such areas of constitutional law as the constitutionalization of international law and the internationalization of constitutional law by the example of additions to Article 79 of the Constitution of the Russian Federation, as well as the practices of the Italian Constitutional Court, the Federal Constitutional Court of Germany, etc. The author examined in sufficient detail the procedures for extending the effect of international law and international treaties of Russia to the national legal system, analyzed the concept of counter-limits in European and national judicial practice, presented the basic principles of interaction between European and national courts (the principle of subsidiarity, the principle of proportionality, the principle of ‘sincere cooperation’, method of ‘dialogue of judges’). There is a need for an updated understanding of the term ‘constitutional sovereignty of the state’, which is based on domestic norms on fundamental rights and norms on the foundations of the constitutional system, which presupposes the inadmissibility of any foreign or international influence that violates the requirement of priority of the norms and principles of the national Constitution in the national legal system. The article substantiates the expediency of using the doctrine of counter-limits in the Russian Federation as an instrument of constitutional self-defense, ensuring constitutional sovereignty and preserving constitutional identity.

scholarly journals INFLUÊNCIA DA HUMANIZAÇÃO DO DIREITO INTERNACIONAL NO HISTÓRICO DE VALORAÇÃO DAS NORMAS JURÍDICAS PELO SUPREMO TRIBUNAL FEDERAL BRASILEIRO

2017 ◽  
Vol 4 (2) ◽  
pp. 102
Author(s):  
Gabriel Aparecido Anísio Caldas ◽  
Norton Maldonado Dias
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
International Norms ◽  
International Treaties ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Common Value ◽  
History Of ◽  
Federal Supreme

RESUMO O trabalho faz um retrocesso no histórico da atuação do Supremo Tribunal Federal com a finalidade de acompanhar julgados influenciados por normas celebradas em Tratados e Convenções Internacionais durante o processo de codificação do Direito Internacional. A proposta sonda a hipótese de relação do processo de Humanização do Direito Internacional com as alterações da hierarquia das normas previstas em Tratados e Convenções Internacionais dentro do ordenamento jurídico brasileiro. Fica, bastante, claro que as oscilações verificáveis na atuação do Supremo Tribunal Federal quanto à hierarquia das normas internacionais deixaram de ter valor comum de legislações ordinárias para status especiais de supralegalidade e, até, de emendas constitucionais. Tratando-se, ao final, justamente, das influências do fenômeno da Humanização do Direito Internacional no processo de hierarquização das normas internacionais no ordenamento jurídico brasileiro quando, especificamente, versassem por direitos humanos. Palavras-chave: Hierarquia das Normas Internacionais. Direitos Humanos ABSTRACTThe work makes a step back in the history of the action of the Federal Supreme Court in order to accompany those judged to be influenced by norms established in International Treaties and Conventions during the codification process of International Law. The proposal examines the hypothesis of a relationship between the process of Humanization of International Law and the changes in the hierarchy of norms foreseen in International Treaties and Conventions within the Brazilian legal system. It is quite clear that the verifiable oscillations in the Federal Supreme Court's performance regarding the hierarchy of international norms have no longer common value of ordinary legislation for special statuses of supralegality and even constitutional amendments. In the end, it is precisely because of the influence of the phenomenon of the Humanization of International Law in the process of hierarchizing international norms in the Brazilian legal system when they specifically deal with human rights.Keywords: Hierarchy of International Legal Norms. Human rights.  

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

International Treaties and The German Constitution

2019 ◽  
pp. 171-190
Author(s):  
Stefan Kadelbach
Keyword(s):  
German Law ◽  
Foreign Affairs ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Basic Law ◽  
The Status ◽  
German Constitution ◽  
Federal Constitutional

This chapter deals with the making, status, and interpretation of international treaties under the German Constitution. It describes the interrelationship of the different institutions in treaty-making and shows how a comparatively old provision of the German Basic Law has been adapted slowly to new circumstances over the past decades. Thus, even though foreign affairs has remained a domain of the executive, several developments have contributed to an enhanced role of Parliament over time. These developments are partly due to the role of special sectors of law such as EU law and the law governing the use of force and partly due to changes in constitutional practice. As for the status of treaties in German law, the Federal Constitutional Court has developed a stance according to which treaties generally share the rank of the legal act that implements them into domestic law. A notable exception is the European Convention of Human Rights, which has assumed a quasi-constitutional rank by means of consistent interpretation. Some reference is made to other continental systems to assess how far different constitutions bring about certain features; various systems appear similar in many respects at first sight, whereas features in which they differ may be a source of inspiration for future constitutional practice.

The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo

2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani
Keyword(s):  
Material Culture ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional History ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Past ◽  
History Of ◽  
Communist Countries

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.

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