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Russian Approaches to International Law$
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Lauri Mälksoo

Print publication date: 2015

Print ISBN-13: 9780198723042

Published to Oxford Scholarship Online: May 2015

DOI: 10.1093/acprof:oso/9780198723042.001.0001

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Patterns of Post-Soviet Russian State Practice in International Law

Patterns of Post-Soviet Russian State Practice in International Law

(p.147) 4 Patterns of Post-Soviet Russian State Practice in International Law
Russian Approaches to International Law

Lauri Mälksoo

Oxford University Press

The chapter starts out by analysing Russia’s official self-image regarding international law as expressed in the government’s strategic documents and the leaders’ foreign policy discourse which is overwhelmingly positive and in some ways idiosyncratic. The government’s self-image is partly explained by Russian understanding of international law, which emphasizes different constitutional principles in international law than the West. Next, a critical survey of post-Soviet Russian state practice is made, going through practice in European human rights law, cases of international economic law, and jus ad bellum. It is demonstrated how the understanding of history and theory of international law in Russia helps to understand patterns in post-Soviet state practice as well, and how civilizational factors explain some of Russia’s differences from the West in the context of international law.

Keywords:   Ukraine, Crimea, Georgia, arbitration, human rights, war, Eurasian Economic Union, Byzantium, Russian Orthodox Church

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