Book contents
- Frontmatter
- Contents
- Contributors
- Preface
- Acknowledgments
- 1 Treaty Enforcement in Domestic Courts: A Comparative Analysis
- 2 Does International Law Obligate States to Open Their National Courts to Persons for the Invocation of Treaty Norms That Protect or Benefit Persons?
- 3 Australia
- 4 Canada
- 5 Germany
- 6 India
- 7 Israel
- 8 The Netherlands
- 9 Poland
- 10 Russian Federation
- 11 South Africa
- 12 United Kingdom
- 13 United States
- 14 The Role of Domestic Courts in Treaty Enforcement: Summary and Conclusions
- Index
- References
10 - Russian Federation
Published online by Cambridge University Press: 06 January 2010
- Frontmatter
- Contents
- Contributors
- Preface
- Acknowledgments
- 1 Treaty Enforcement in Domestic Courts: A Comparative Analysis
- 2 Does International Law Obligate States to Open Their National Courts to Persons for the Invocation of Treaty Norms That Protect or Benefit Persons?
- 3 Australia
- 4 Canada
- 5 Germany
- 6 India
- 7 Israel
- 8 The Netherlands
- 9 Poland
- 10 Russian Federation
- 11 South Africa
- 12 United Kingdom
- 13 United States
- 14 The Role of Domestic Courts in Treaty Enforcement: Summary and Conclusions
- Index
- References
Summary
To a degree absolutely without precedent in a millennium of Russian history, international treaties are being used by the Russian state as a means of integrating with the world political, economic, and cultural order. Multilateral and bilateral treaties to which the Russian Federation is a party number in the thousands and regulate all areas of transnational life and activity. Few areas of the law are untouched by treaties. Of those areas regulated by treaty, fewer still have not been affected by treaty enforcement in the Russian judicial and arbitral systems. One may state unequivocally that Russia is among those states that use their legal system to advantage in order to enforce treaties.
The role of Russian domestic courts has been veritably revolutionary in this respect during the past fifteen years. Individuals and juridical persons may invoke treaty rights directly in Russian courts pursuant to Article 15(4) of the Russian Constitution. Judges are encouraged as part of their training to draw on international legal acts when appropriate (and are not necessarily dependent on counsel directing their attention to them).
Treaties occupy a central place in the legal system of the Russian Federation even more so than was the case in the former Soviet Union. The reason is to be found in Article 15(4) of the 1993 Russian Constitution, which provides: “Generally-recognized principles and norms of international law and international treaties of the Russian Federation shall be an integral part of its legal system.
- Type
- Chapter
- Information
- The Role of Domestic Courts in Treaty EnforcementA Comparative Study, pp. 410 - 447Publisher: Cambridge University PressPrint publication year: 2009
References
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