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10 - Russian Federation

Published online by Cambridge University Press:  06 January 2010

William E. Butler
Affiliation:
John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University
David Sloss
Affiliation:
Santa Clara University, School of Law
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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 Enforcement
A Comparative Study
, pp. 410 - 447
Publisher: Cambridge University Press
Print publication year: 2009

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References

Butler, W. E., Russia and the Republics: Legal Materials (loose-leaf service, 2006)Google Scholar
Butler, W. E., “Treaty Capacity and the Russian State Corporation,” 102 Am. J. Int'l L.310 (2008)CrossRefGoogle Scholar
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  • Russian Federation
    • By William E. Butler, John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University
  • Edited by David Sloss
  • Book: The Role of Domestic Courts in Treaty Enforcement
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511635458.011
Available formats
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Send book to Dropbox

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  • Russian Federation
    • By William E. Butler, John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University
  • Edited by David Sloss
  • Book: The Role of Domestic Courts in Treaty Enforcement
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511635458.011
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Russian Federation
    • By William E. Butler, John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University
  • Edited by David Sloss
  • Book: The Role of Domestic Courts in Treaty Enforcement
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511635458.011
Available formats
×