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Russia and the European Court of Human Rights
The Strasbourg Effect

£95.00

Part of European Inter-University Centre for Human Rights and Democratisation

Lauri Mälksoo, Dimitry Dedov, Petra Roter, Anton Burkov, Sergei Marochkin, Alexei Trochev, Mikhail Antonov, Bill Bowring, Elisabet Fura, Rait Maruste, Philip Leach, Vladislav Starzhenetskiy, Dmitri Bartenev, Benedikt Harzl, Wolfgang Benedek,
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  • Date Published: November 2017
  • availability: In stock
  • format: Hardback
  • isbn: 9781108415736

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About the Authors
  • Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.

    • Offers an in-depth analysis of Russia's relationship with the European Court of Human Rights
    • Discusses human rights socialization theories in the empirical context of post-Soviet Russia, as well as nativist theories that offer resistance to the liberal/secular concept of human rights
    • Offers a realist and sceptical look at the implementation of judgments issued by the European Court of Human Rights in the biggest Council of Europe member state
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    Product details

    • Date Published: November 2017
    • format: Hardback
    • isbn: 9781108415736
    • length: 440 pages
    • dimensions: 235 x 158 x 26 mm
    • weight: 0.74kg
    • availability: In stock
  • Table of Contents

    Introduction: Russia, Strasbourg and the paradox of a human rights backlash Lauri Mälksoo
    Part I. Setting the Scene:
    1. Russia in the Council of Europe: participation a la carte Petra Roter
    Part II. Interaction between the ECtHR and Russian Courts:
    2. The use of European human rights law in Russian courts Anton Burkov
    3. ECtHR and the Russian Constitutional Court: duet or duel? Sergei Marochkin
    4. The Russian Constitutional Court and the Strasbourg court: judicial pragmatism in a dual state Alexei Trochev
    5. Philosophy behind human rights: Valery Zorkin vs the West Mikhail Antonov
    6. Russia's cases in the ECtHR and the question of socialization Bill Bowring
    7. Russia's impact on the Strasbourg system: as seen by two former judges of the European Court of Human Rights Elisabet Fura and Rait Maruste
    Part III. Specific Rights and Violations: Case Studies:
    8. Egregious human rights violations in Chechnya: the continuing pursuit of justice Philip Leach
    9. Property rights in Russia: reconsidering the socialist legal tradition Vladislav Starzhenetskiy
    10. LGBT rights in Russia and European human rights standards Dmitri Bartenev
    11. Nativist ideological responses to European/liberal human rights discourses in contemporary Russia Benedikt Harzl
    General conclusions Wolfgang Benedek.

  • Editors

    Lauri Mälksoo, University of Tartu, Estonia
    Lauri Mälksoo is Professor of International Law at the University of Tartu in Estonia. He is the author of Illegal Annexation and State Continuity (2003) and Russian Approaches to International Law (2015).

    Wolfgang Benedek, Institute of International Law and International Relations, Austria
    Wolfgang Benedek is a former head of the Institute of International Law and International Relations and director of European Training and Research Centre for Human Rights and Democracy at University of Graz.

    Contributors

    Lauri Mälksoo, Dimitry Dedov, Petra Roter, Anton Burkov, Sergei Marochkin, Alexei Trochev, Mikhail Antonov, Bill Bowring, Elisabet Fura, Rait Maruste, Philip Leach, Vladislav Starzhenetskiy, Dmitri Bartenev, Benedikt Harzl, Wolfgang Benedek,

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