Thursday, January 22, 2009

Interesting Research Paper

Here's something to get the ball rolling, a 50-page document sponsored by NATO that delves into how Russia interacts with international law. I haven't read it yet, but if anyone is feeling proactive, it's a place to start! Snipits:

The Soviet legal system was protected from any direct penetration of international law byits conception of international law and municipal law as two completely separate legal systems. As a result of this dualist approach, the international obligations of the Soviet state would be applicable internally only if there were transformed by the legislature into a separate statute or administrative regulation. By relying on the doctrine of transformation, the Soviet Union was able to sign numerous international treaties, including treaties on human rights, and still avoid implementing some or all of their provisions in the domestic legal order.

... snip ...
The movement toward reform of the"closed" legal system began only with the advent of perestroika. The leaders of the Soviet Union realized that the country would have no prospects for further economic and social development unless a modern society based on the idea of the rule of law were build in the USSR. An important element of the overall political and legal reform was the recognition that the country would never be fully integrated into the World community if it did not ensure the observance of the internationally accepted norms, in particular norms concerning human rights.

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