The History of International Law in Russia, 1647-1917


Book Description

This book, first published in Russian in 1958, is an authoritative account of the development of international law scholarship in Russia up to the 1917 Revolution. Newly translated with extensive corrections, annotations, and a bibliography, Grabar's study is an exhaustive guide to Russian literature on the law of nations that places those writings and their authors in the larger context of contemporary political, diplomatic, cultural, and economic developments of the period. It will be important reading for a wide range of lawyers, historians, and sovietologists.




Russian Approaches to International Law


Book Description

This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.




The Oxford Handbook of the History of International Law


Book Description

This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.




The Foundations of Russian Law


Book Description

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.




International Law in the Russian Legal System


Book Description

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.




Between Equal Rights


Book Description

"China Mieville's brilliantly original book is an indispensable guide for anyone concerned with international law. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. It offers a guide for the lay reader into the central texts in the field."--Peter Gowan, Professor, International Relations, London Metropolitan University. Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view. China Mieville, PhD, International Relations, London School of Economics, is an independent researcher and an award-winning novelist. His novel Perdido Street Station won the Arthur C. Clarke Award.




European Military Books and Intellectual Cultures of War in 17th-Century Russia


Book Description

This book discusses the role Western military books and their translations played in 17th-century Russia. By tracing how these translations were produced, distributed and read, the study argues that foreign military treatises significantly shaped intellectual culture of the Russian elite. It also presents Tsar Peter the Great in a new light – not only as a military and political leader but as a devoted book reader and passionate student of military science.




The Rearguard of Subjectivity


Book Description

Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view.In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.




National Identity and Great-Power Status in Russia and Japan


Book Description

Having suffered military defeat at the hands of advanced Western powers in the 1850s, Russia and Japan embarked upon a program of catch-up and modernization in the late-19th Century. While the two states sought in the main to replicate the successes of the advanced great powers of the West, the discourse on national identity among Russian and Japanese elite in this period evinced a considerable degree of ambivalence about Western dominance. With the onset of the crisis of power and legitimacy in the international order ushered in by the First World War, this ambivalence shifted towards more open revolt against Western dominance. The rise of communism in Russia and militarism in Japan were significantly shaped by their search for national distinctiveness and international status. This book is a comparative historical study of how the two "non-Western" great powers emerged as challengers to the prevailing international order in the interwar period, each seeking to establish an alternative order. Specifically, Anno examines the parallels and contrasts in the ways in which the Russian and Japanese elites sought to define the two countries’ national identities, and how those definitions influenced the two countries’ attitudes toward the prevailing order. At the intersection of international relations theory, comparative politics, and of historical sociology, this book offers an integrated perspective on the rise of challengers to the liberal international order in the early-twentieth century.




Illegal Annexation and State Continuity


Book Description

This volume, now in its second and revised edition, deals with the legal status of the three Baltic States - Estonia, Latvia and Lithuania - as a consequence of the illegality of the Soviet annexation in 1940-1991. It offers a detailed historical overview of the Soviet takeover of the Baltic States in 1939/1940 and analysis of international law as it was in force, also regionally and bilaterally, at the time. It examines the role of the continuity of the diplomatic representations of the Baltic States and other manifestations of the Western non-recognition of the Soviet annexation. Moreover, the book examines the nature of the restoration of the Baltic States in 1991 based on their State continuity claim. It also studies in detail questions such as borders, citizenship and reparation claims, and asks to what extent State continuity could or could not be restored in practice. Compared to the first edition, the text has been updated (for example, on developments regarding border treaties) but also more background references have been added on the history of the Baltic States, Soviet and post-Soviet Russian responses to the continuity claim of the Baltic States, etc. The book interprets the Soviet annexation and Baltic States' continuity case against the wider backdrop of developments in international law in the 20th century and argues that the outcome reflected important normative developments in international law, away from mere effectivity. The case of the Baltic States will be relevant for current and future cases of illegal annexation, following the threat and use of military force prohibited under international law.