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  • 1
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    Oxford University Press
    Publication Date: 2024-04-07
    Description: This book examines Russian approaches to international law from three different yet closely interconnected perspectives: history, theory, and recent state practice. The study uses comparative international law as a 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 some extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this work 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 SC, the European Court of Human Rights, investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular ‘civilizational’ ideas, i.e. the claim that Russia is a unique civilization and not part of Europe understood as the West. The implications of this claim for the future of international law, its universality and regionalism are discussed. This study concludes the author’s five-year work on ERC-funded grant that enabled him to attend international law conferences in Russia and other CIS countries, as well as get access to relevant sources that often cannot be so easily accessed in the West.
    Keywords: international law, human rights, Russia, Ukraine, civilization, comparative international law, constructivism, annexation, war, scholars ; thema EDItEUR::L Law::LB International law::LBB Public international law ; thema EDItEUR::1 Place qualifiers::1D Europe::1DT Eastern Europe::1DTA Russia
    Language: English
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  • 2
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    Brill | Nijhoff
    Publication Date: 2024-05-09
    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.
    Keywords: Estonia ; Latvia ; Lithuania ; international law
    Language: English
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