Russian Approaches to International Law
- LAST MODIFIED: 23 March 2012
- DOI: 10.1093/obo/9780199796953-0043
- LAST MODIFIED: 23 March 2012
- DOI: 10.1093/obo/9780199796953-0043
Contemporary Russian doctrine of international law has grown out of the Soviet school of international law. In this respect it would be correct to say that the contemporary Russian doctrine of international law continues the basic traditions of the Soviet school, and for this reason, works on international law published in the Soviet era still have importance and are often referred to in the works of contemporary Russian authors. In the Soviet school, pursuant to a positivistic approach, the emphasis was on the will of states as a determining factor in the process of creating international legal norms. Nowadays, in Russian doctrine, international law is defined as a system of legal norms (rules) and principles regulating relations between subjects of international law, first of all between states and international intergovernmental organizations. In Russian literature the subject is more often called “international law,” and only rarely is the term “public international law” used. Regarding the word “international,” it is mostly understood as meaning “interstate,” thereby highlighting that states are the primary and most important subjects of international law.
In most cases, Russian textbooks on international law have a similar structure. They are divided into sections featuring “general” and “specific” subjects. “General” sections are devoted to issues such as the concept and definition of international law, its history, the major principles of international law, the subjects of international law, the sources of international law, the state in international law, the succession of states, the responsibility of states, the territory and population of states, and the recognition of states. “Specific” sections consist of branches of international law, such as law of international treaties, international diplomatic and consular law (sometimes referred to in the Russian legal literature as “law of international relations”), law of international organizations, international law of human rights, international humanitarian law, law of international security, international economic law, international criminal law, international law of the sea, international ecological law, international air law, and law of space. Dozens of textbooks have been published in Russia in recent years, among which the following deserve special attention. Biryukov, et al. 2011 deserves attention because it puts international law in the context of Russian foreign policy. Bekyashev 2004 broadens the scope of international law by including new developing branches of it. Usenko and Shinkaretskaya 2005 takes into account practical needs in the field of foreign policy and foreign economic activities. Kolosov and Krivchikova 2005 considers recent trends in the development of international law that might lead to the appearance of new branches of international law. The strong side of Ignatenko and Tiunov 1999 is its emphasis on the relationship between the Russian legal system and international law. Kuznetsov and Tuzmukhamedov 2007 strives to give a balanced account of theoretical and practical issues of contemporary international law. Lukashuk 2000 is perhaps the most profound from a theoretical perspective. Tolstykh 2009 is the most case-law-oriented textbook in the Russian international legal literature.
Bekyashev, K. A., ed. Mezhdunarodnoe publichnoe pravo. Moscow: Prospekt, 2004.
This textbook explains concepts, principles, sources, and subjects of contemporary international law. It also covers the traditional institutions and branches of international law, and looks at “international legal fundamentals of struggle against terrorism,” “international cooperation in scientific and technological fields,” and “international procedural law.”
Biryukov, M. M., V. D. Bordunov, S. A. Egorov, B. M. Ashavskiy, A. A. Kovalev, and S. V. Chernichenko. Mezhdunarodnoe pravo. 4th ed. Moscow: Omega-L, 2011.
Most of the authors of this textbook work at the Diplomatic Academy at the Russian Ministry of Foreign Affairs. This textbook elucidates major concepts, branches, and institutions of international law and shows their evolution, based on recent materials and legal documents.
Ignatenko, G. V., and O. I. Tiunov, eds. Mezhdunarodnoe pravo. Moscow: NORMA-INFRA, 1999.
Besides the traditional issues of international law, specific attention is given to the relationship between national and international law. International treaties are considered in connection with the Russian constitution and Russian legislation. It also analyzes the mechanisms of realization of international legal norms, including their implementation by courts and other state organs.
Kolosov, Y. M., and E. S. Krivchikova, eds. Mezhdunarodnoe pravo. 2d ed. Moscow: Mezhdunarodnye Otnosheniya, 2005.
Textbook written by professors at the Moscow Institute of International Relations (MGIMO). It covers recent trends and developments in international law. It also touches upon such issues as international legal aspects of mass media, religion, and international nuclear law.
Kuznetsov, V. I., and B. R. Tuzmukhamedov, eds. Mezhdunarodnoe pravo. 2d ed. Moscow: NORMA, 2007.
The contributors to this textbook are leading Russian theorists of international law. It covers all major issues of contemporary international law, and combines scientific explanations of the major concepts and institutions of international law, and explains the practical needs of those organizations which are involved in foreign political and foreign economic activities.
Lukashuk, I. I. Mezhdunarodnoe pravo. 2 vols. Moscow, 2000.
Among these textbooks, this is one of the most comprehensive and original. It is written by one of the most outstanding specialists on international law in Russian doctrine.
Tolstykh, V. L. Kurs mezhdunarodnogo prava. Moscow, 2009.
Considers the major branches, institutions, norms, and sources of International law. One of the chapters is devoted to the history of International law in Russia. The author uses numerous examples of international courts’ decisions, as well as contemporary approaches of Russian specialists to International law.
Usenko, Y. T., and G. G. Shinkaretskaya, eds. Mezhdunarodnoe pravo. Moscow: Yurist, 2005.
Looks at all the main issues of international law. Explanations of international legal concepts and institutions are adapted to the practical needs of the organizations involved in international and foreign economic activities.
Users without a subscription are not able to see the full content on this page. Please subscribe or login.
How to Subscribe
Oxford Bibliographies Online is available by subscription and perpetual access to institutions. For more information or to contact an Oxford Sales Representative click here.
Purchase an Ebook Version of This Article
Ebooks of the Oxford Bibliographies Online subject articles are available in North America via a number of retailers including Amazon, vitalsource, and more. Simply search on their sites for Oxford Bibliographies Online Research Guides and your desired subject article.
If you would like to purchase an eBook article and live outside North America please email firstname.lastname@example.org to express your interest.
- African Commission on Human and Peoples' Rights and the Af...
- Agreements, Bilateral and Regional Trade
- Agreements, Multilateral Environmental
- Arctic Region
- Armed Opposition Groups
- Aut Dedere Aut Judicare
- Bandung Conference, The
- Children's Rights
- Civil Service, International
- Collective Security
- Command Responsibility
- Common Heritage of Mankind
- Complementarity Principle
- Conspiracy/Joint Criminal Enterprise
- Constitutional Law, International
- Consular Relations
- Contemporary Catholic Approaches
- Cooperation in Criminal Matters, Cross-Border
- Courts, International
- Crimes against Humanity
- Criminal Law, International
- Cultural Rights
- Cyber Warfare
- Debt, Sovereign
- Development Law, International
- Dispute Settlement
- Disputes, Peaceful Settlement of
- Drugs, International Regulation, and Criminal Liability
- Early 19th Century, 1789-1870
- Economic Law, International
- Enforcement of Human Rights
- Environmental Compliance Mechanisms
- Environmental Institutions, International
- Environmental Law, International
- European Arrest Warrant
- Extraterritorial Application of Human Rights Treaties
- Feminist Approaches to International Law
- Financial Law, International
- Foreign Investment
- Freedom of Expression
- French Revolution
- General Customary Law
- General Principles of Law
- Grotius, Hugo
- Habeas Corpus
- History of International Law, 1550-1700
- Hostilities, Direct Participation in
- Human Rights
- Human Rights and Regional Protection, Relativism and Unive...
- Human Rights, European Court of
- Human Rights, Foundations of
- Human Trafficking
- Hybrid International Criminal Tribunals
- Immunity, Sovereign
- Indigenous Peoples
- Institutional Law
- International and Non-International Armed Conflict, Detent...
- International Court of Justice
- International Criminal Court, The
- International Criminal Law, Complicity in
- International Humanitarian Law
- International Humanitarian Law, Targeting in
- International Investment Agreements, Fair and Equitable Tr...
- International Investment Arbitration
- International Investment Law, Expropriation in
- International Law, Aggression in
- International Law, Climate Change and
- International Law, Hegemony in
- International Law, Military Intervention in
- International Law, Peacekeeping in
- International Law, Proportionality in
- International Law, Reasonableness in
- International Law, Self-Determination in
- International Law, State Responsibility in
- International Law, the State in
- International Law, the Turn to History in
- International Law, Trade and Development in
- International Law, Unequal Treaties in
- International Law, Use of Force in
- International Trade and Human Rights
- Intervention, Humanitarian
- Investment Protection Treaties
- Islamic Law and Human Rights
- Jurisprudence (Judicial Law-Making)
- Jus Cogens
- Law of Treaties, The
- League of Nations, The
- Lebanon, Special Tribunal for
- Liability for International Environmental Harm
- Maritime Delimitation
- Martens Clause
- Medieval International Law
- Mens Rea, International Crimes
- Military Necessity
- Military Occupation
- Modes of Participation
- Most-Favored-Nation Clauses
- Multinational Corporations in International Law
- Nationality and Statelessness
- Natural Law
- New Approaches to International Law
- Non liquet
- Nonstate Actors
- Nuclear Proliferation
- Nuremberg Trials
- Organizations, International
- Palestine (and the Israel Question)
- Peace Treaties
- Political Science, International Law and
- Protection, Diplomatic
- Public Interest, Human Rights, and Foreign Investment
- Rational Choice Theory
- Russian Approaches to International Law
- Sanctions, International
- Soft Law
- Space Law
- Spanish School of International Law (c. 16th and 17th Cent...
- Sports Law, International
- State of Necessity
- State Succession
- Superior Orders
- Territorial Title
- Theory, Critical International Legal
- Transnational Corruption
- Treaty Interpretation
- Ukrainian Approaches
- Underwater Cultural Heritage
- Unilateral Acts
- Universal Jurisdiction
- Uti Possidetis Iuris
- Vatican and the Holy See
- Victims' Rights, International Criminal Law, and Proceedin...
- Watercourses, International
- Western Sahara