Human Rights In Russia And Eastern Europe

The introduction of a market economy in the countries of Central and Eastern Europe required an enormous legislative effort, in order to create the regulatory framework for a vast array of new economic activities. The resulting statutory materials in turn gave rise to numerous books and articles, by domestic lawyers from the countries concerned, as well as by foreign scholars. By comparison, the other part of the legal diptych - the establishment of the rule of law - has received less attention from academic commentators. The purpose of this volume is to correct the balance to some extent, especially by looking at various aspects of legal reform through the prism of human rights. The legal implementation of a respect for human rights turns out to be an even more comprehensive and pervasive enterprise than creating the legal framework for a market economy. A number of important areas of law are highlighted in this volume; the emphasis is, although not exclusively, on the Russian Federation.

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.

The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned. The major focus of the present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America, and Western Europe.

This book examines the key 2008 publication of the Russian Orthodox Church on human dignity, freedom, and rights. It considers how the document was formed, charting the development over time of the Russian Orthodox Church's views on human rights. It analyzes the detail of the document, and assesses the practical and political impact inside the Church, at the national level and in the international arena. Overall, it shows how the attitude of the Russian Orthodox Church has shifted from outright hostility towards individual human rights to the advocacy of "traditional values."

Rein Mullerson was Deputy Foreign Minister of Estonia during the country's independence struggles and is a distinguished professor of international relations. His book is concerned with the interplay of international law and politics in the changing international system. He analyses events in Eastern Europe and the former USSR to throw light on broad and controversial issues including non-use of force, non-interference in internal affairs, self-determination of peoples, minorities and nationalism in inter-ethnic conflicts and human rights in post-totalitarian societies. Controversial questions of continuity and succession of states and their recognition are also set in this context. One purpose of the book is to show how recent developments influence the international system as a whole and how international law has to change in order to respond to new challenges.

How is the Russian Constitution, ratified in 1993, being implemented today? A team of distinguished scholars assesses the promise and the realities of Russian constitutionalism in a number of critical areas.

An international team of authors looks at the role law has played in the transformation of Russia and evaluates the legal achievements of the Putin administration against the background of Russia’s changing relationship with Europe.