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Vol 21 No 11 Nov/Dec 2016

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International and National Law in Russia and Eastern Europe

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ISBN13: 9789041116543
ISBN: 9041116540
Published: June 2001
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00



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The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned.;The major focus of this present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America and Western Europe.

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Contents:
List of Contributors. Foreword. Decision-Making and Dissent in the Russian Federation Constitutional Court; D.D. Barry. Recourse against Judgments in Civil and Criminal Cases in the Russian Federation; G.P. van den Berg. Citizenship and Protection of Minorities in Eastern Europe; G. Brunner. Crimes against Humanity and the Rome Statute of the International Criminal Court; R.S. Clark. The Treaties of Medieval Russia -- A Survey; F.J.M. Feldbrugge. Protecting the Right to Life During Armed Conflicts; I.A. Lediakh. Forced Incorporation: International Law Aspects of the Soviet Takeover of Latvia; D.A. Loeber. Contemporary International Criminal Law: Concept and General Features; I.I. Lukashuk. Are There Human Rights in Ethnonational States?; A. Pollis. International Law in the Polish Municipal Legal Order: A Historical Overview and the Current Constitutional Status; S. Pomorski. Baltic Russians: Entitled Inhabitants or Unlawful Settlers? J. Quigley. Moscow's Diplomacy in International Organizations; A.Z. Rubinstein. `True' Law, `Facade' Law, Shadow Law; F.C. Schroeder. Russian Constitutional Change: Proposed Power-Sharing Models; R. Sharlet. The Enforcement of Foreign Arbitral Awards under Russian Law: The (Ab)use of the Public Policy Doctrine in Russian Courts; W.B. Simons. Index.