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Record Nr. |
UNINA9910826372303321 |
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Autore |
Marochkin S. I︠U︡ (Sergeĭ I︠U︡rʹevich) |
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Titolo |
The operation of international law in the Russian legal system : : a changing approach / / By Sergey Yu. Marochkin |
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Pubbl/distr/stampa |
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Leiden : , : Brill Nijhoff, , 2019 |
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ISBN |
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90-04-39101-0 |
90-04-39020-0 |
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Descrizione fisica |
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1 online resource (324 pages) |
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Collana |
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Brill's Asian law series ; ; 8 |
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Disciplina |
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Soggetti |
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International and municipal law - Russia (Federation) |
International law - Russia (Federation) |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Front Matter -- Copyright Page -- Dedication -- Acknowledgements -- Abbreviations -- Introduction -- Norms and Sources of International Law in the Legal System of the Russian Federation -- A Fleeting Glance Back -- On the Concept of National and International Legal Systems -- The Capacity and Role of Norms of International Law in the Legal System of the Russian Federation -- International Law Sources and Sources of Law of the Russian Federation -- Interaction between Legal Force of International and Russian Law Norms -- Legal and Organizational Basics for Operation and Realization of International Law Norms in the Legal System of the Russian Federation -- Legal Conditions for Operation and Realization -- Types of Reference Rules and Their Impact on Operation and Realization of Norms of International Law -- Ensuring the Operation and Realizationof International Law Norms at theOrganizational Level -- Federal, Regional and Local Levels -- Practical Aspects of the Operation and Realization of International Norms in the Legal System of the Russian Federation -- Forms, Spheres, and Functions -- Self-executing and Non-self-executing Norms of IL -- On the Procedure (Methodology) of Applying International Treaty Norms -- Other International Rules and Instruments in the Legal System of Russia -- The Issue under Study through the Prism of International and National Rule of Law -- Conclusion. |
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Sommario/riassunto |
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This book addresses the increased role and standing of international law in the Russian legal system through analysis of judicial practice since the adoption of the Russian Constitution in 1993. The issue of interaction and hierarchy between international and domestic law within the Russian Federation is studied, combining theoretical, legal and institutional elements. Sergey Marochkin explores how methods for incorporating and implementing international law (or reasons for failing to do so) have changed over time, influenced by internal and global policy. The final sections of the book are the most illustrative, examining how 'the rule of law’ remains subordinate to ‘the rule of politics’, both at the domestic and global level. |
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