Author: Lisa McIntosh Sundstrom
Publisher: Oxford University Press
ISBN: 0190932856
Category : Law
Languages : en
Pages : 424
Book Description
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Courting Gender Justice
Author: Lisa McIntosh Sundstrom
Publisher: Oxford University Press
ISBN: 0190932856
Category : Law
Languages : en
Pages : 424
Book Description
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Publisher: Oxford University Press
ISBN: 0190932856
Category : Law
Languages : en
Pages : 424
Book Description
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Law, Rights and Ideology in Russia
Author: Bill Bowring
Publisher: Routledge
ISBN: 1134625871
Category : Law
Languages : en
Pages : 274
Book Description
Law, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
Publisher: Routledge
ISBN: 1134625871
Category : Law
Languages : en
Pages : 274
Book Description
Law, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
Russia and European Human-Rights Law
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004203311
Category : Law
Languages : en
Pages : 247
Book Description
In Russia and European Human-Rights Law: The Rise of the Civilizational Argument, Lauri Mälksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights. Certain aspects of human-rights doctrine and practice in Russia are particularly highlighted: the increasing impact of Orthodox Christian teachings on the Russian government's ideology, the situation with media freedom, freedom of religion, etc. The authors draw widely on Russian sources and media. The questions whether modern-day Russia truly fits in the human-rights protection system of the Council of Europe, and whether a margin of appreciation will suffice when dealing with Moscow, are highly relevant in contemporary European politics.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004203311
Category : Law
Languages : en
Pages : 247
Book Description
In Russia and European Human-Rights Law: The Rise of the Civilizational Argument, Lauri Mälksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights. Certain aspects of human-rights doctrine and practice in Russia are particularly highlighted: the increasing impact of Orthodox Christian teachings on the Russian government's ideology, the situation with media freedom, freedom of religion, etc. The authors draw widely on Russian sources and media. The questions whether modern-day Russia truly fits in the human-rights protection system of the Council of Europe, and whether a margin of appreciation will suffice when dealing with Moscow, are highly relevant in contemporary European politics.
Immigration and Refugee Law in Russia
Author: Agnieszka Kubal
Publisher: Cambridge University Press
ISBN: 1108417892
Category : History
Languages : en
Pages : 229
Book Description
How do immigration and refugee laws work 'in action' in Russia? This book offers a complex, empirical and nuanced understanding.
Publisher: Cambridge University Press
ISBN: 1108417892
Category : History
Languages : en
Pages : 229
Book Description
How do immigration and refugee laws work 'in action' in Russia? This book offers a complex, empirical and nuanced understanding.
Russian Approaches to International Law
Author: Lauri Mälksoo
Publisher: Academic
ISBN: 0198723040
Category : History
Languages : en
Pages : 241
Book Description
Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
Publisher: Academic
ISBN: 0198723040
Category : History
Languages : en
Pages : 241
Book Description
Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
Law and the Christian Tradition in Modern Russia
Author: Paul Valliere
Publisher: Routledge
ISBN: 1000427935
Category : History
Languages : en
Pages : 354
Book Description
This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.
Publisher: Routledge
ISBN: 1000427935
Category : History
Languages : en
Pages : 354
Book Description
This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.
International Law in the Russian Legal System
Author: William Elliott Butler
Publisher: Oxford University Press (UK)
ISBN: 0198842945
Category : Law
Languages : en
Pages : 257
Book Description
This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.
Publisher: Oxford University Press (UK)
ISBN: 0198842945
Category : Law
Languages : en
Pages : 257
Book Description
This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.
Memory Laws, Memory Wars
Author: Nikolay Koposov
Publisher: Cambridge University Press
ISBN: 1108419720
Category : History
Languages : en
Pages : 339
Book Description
A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.
Publisher: Cambridge University Press
ISBN: 1108419720
Category : History
Languages : en
Pages : 339
Book Description
A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.
Strategic Human Rights Litigation
Author: Helen Duffy
Publisher: Bloomsbury Publishing
ISBN: 1509921990
Category : Law
Languages : en
Pages : 329
Book Description
Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.
Publisher: Bloomsbury Publishing
ISBN: 1509921990
Category : Law
Languages : en
Pages : 329
Book Description
Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.
Rekindling the Strong State in Russia and China
Author:
Publisher: BRILL
ISBN: 9004428895
Category : Social Science
Languages : en
Pages : 515
Book Description
Rekindling the Strong State in Russia and China offers a thorough analysis of the profound regeneration of the State and its intense interaction with the external projections of Russia and China. In the international political scene, leaderships are under constant negotiation. Financial crisis, social and cultural transformations, values setting and migration flows have a deep impact on global powers, leading to the appearance of new actors. At present, the assumed rise of a new axis between two emerging powers, such as Russia and China, effaces their different backgrounds, leading to misinterpretations of their positioning in the geopolitical arena. This book is an essential and multifaceted guide aimed at understanding the deep changes that affect these two countries and their global aspirations. Contributors are: Marco Puleri; Andrea Passeri; Marco Balboni; Carmelo Danisi; Mingjiang Li; Mahalakshmi Ganapathy; Rosa Mulè; Olga Dubrovina; Evgeny Mironov; Yongshun Cai; Vasil Sakaev; Eugenia Baroncelli; Sonia Lucarelli; Nicolò Fasola; Stefano Bianchini; Stanislav Tkachenko; Vitaly Kozyrev; Marco Borraccetti; Francesco Privitera; Antonio Fiori, Massimiliano Trentin; Arrigo Pallotti; Giuliana Laschi; Michael Leigh.
Publisher: BRILL
ISBN: 9004428895
Category : Social Science
Languages : en
Pages : 515
Book Description
Rekindling the Strong State in Russia and China offers a thorough analysis of the profound regeneration of the State and its intense interaction with the external projections of Russia and China. In the international political scene, leaderships are under constant negotiation. Financial crisis, social and cultural transformations, values setting and migration flows have a deep impact on global powers, leading to the appearance of new actors. At present, the assumed rise of a new axis between two emerging powers, such as Russia and China, effaces their different backgrounds, leading to misinterpretations of their positioning in the geopolitical arena. This book is an essential and multifaceted guide aimed at understanding the deep changes that affect these two countries and their global aspirations. Contributors are: Marco Puleri; Andrea Passeri; Marco Balboni; Carmelo Danisi; Mingjiang Li; Mahalakshmi Ganapathy; Rosa Mulè; Olga Dubrovina; Evgeny Mironov; Yongshun Cai; Vasil Sakaev; Eugenia Baroncelli; Sonia Lucarelli; Nicolò Fasola; Stefano Bianchini; Stanislav Tkachenko; Vitaly Kozyrev; Marco Borraccetti; Francesco Privitera; Antonio Fiori, Massimiliano Trentin; Arrigo Pallotti; Giuliana Laschi; Michael Leigh.