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Comparative International Law$
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Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg

Print publication date: 2018

Print ISBN-13: 9780190697570

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190697570.001.0001

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Case Law in Russian Approaches to International Law

Case Law in Russian Approaches to International Law

Chapter:
(p.337) 16 Case Law in Russian Approaches to International Law
Source:
Comparative International Law
Author(s):

Lauri Mälksoo

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190697570.003.0016

In her comparative study on the use of case law in international law textbooks, Anthea Roberts demonstrates a number of structural differences between textbooks in different countries. This chapter further explores the Russian situation and asks whether Roberts’s comparative findings regarding Russian international law textbooks reflect the dominant approach in Russian international law scholarship, and whether they also reflect a distinct approach in Russian state practice. It then discusses what might explain both Russian scholarly and governmental approaches and, finally, what international lawyers can learn from this practice in the context of comparative international law. Cautiousness about case law and international courts has historically been characteristic of the Russian approach to international law. The main method used in this chapter is a historical one, because only the history of international law and its ideas can teach us how concrete legal-political circumstances in a country have come into being.

Keywords:   Russia, international arbitration, international adjudication, legal theory, international law, Russian courts, ICJ

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