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Chinese Journal of International Law Advance Access originally published online on June 15, 2007
Chinese Journal of International Law 2007 6(2):329-344; doi:10.1093/chinesejil/jmm013
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© The Author 2007. Published by Oxford University Press. All rights reserved

BRIEF COMMENTS, ESSAYS & NOTES

International Law in the Courts of the Russian Federation: Practice of Application

Sergei Yu. Marochkin*

Correspondence: * Doctor of Law, Professor and Head of International Law Department, Tyumen State University, Tyumen, Russia. Member of the Executive Committee of the Russian Association of International Law (email: mar{at}utmn.ru). The author acknowledges the helpful comments and suggestions of Professor V. S. Vereshchetin, ex-Judge at the ICJ (1996–2007), and of Sergei M. Punzhin, member of staff of ICJ. The author dedicates this paper to the memory of Professor Igor I. Lukashuk, former member of the UN International Law Commission 1997-2002.

This paper analyses the practice of the Courts of the Russian Federation in applying the rules of International Law in the period following acceptance of the Constitution of the Russian Federation (1993). The present constitution and the new federal legislation regulate the relevance of International and Russian Law much differently than they did before. Accordingly, judiciary practice is developing in a new way. Despite the massive body of laws and regulations, there are no precise reference points and answers in the legislation to practically important questions of correct application of the international treaties and generally recognized rules. This is one of the reasons why judiciary practice is developing inconsistently, and the application of International Law is often incorrect or even wrong. Not all of the international norms are applicable, and not all of the treaties have priority over laws. There are certain legal conditions for the application of international treaties, conditions for when they prevail over laws, and also there is a procedure of application which should be observed by Courts trying particular cases. Although one can speak of many contradictions, it is wise to take note of the tendency in judiciary practice to co-ordinated application of international and Russian law.


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