Amendments of Russian constitution concerning international law and the BRICS

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1. Verfasser: MICHEL VERLAINE
Format: Artículo científico
Sprache:en
Veröffentlicht: Universidade Federal do Paraná 2020
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author MICHEL VERLAINE
author_facet MICHEL VERLAINE
contents Amendments of Russian constitution concerning international law and the BRICS MICHEL VERLAINE ANNA SHASHKOVA EKATERINA KUDRYASHOVA Derecho BRICS Russian constitution political pragmatism sources of international law constitutional reform in Russia The paper presents the current constitutional reform in Russia focusing on the constitutional amendment concerning the international case law. The amended article 79 of the Constitution of Russian Federation restricts the international case law applicability in Russia. There was no polemic around the draft of the constitutional amendment and this restriction was accepted by experts, politicians and public without any discussion. To certain extent this unanimous acceptance could be explained by general positivistic trend in Russia. The amendment is in line with the positivistic approach to the international law formed in Russia recently. The strategic documents on the cooperation within BRICS are scrutinized showing that the positivistic approach is in line with the strategies of Russia announced previously. Based on the general scientific methods and on the method of academic foresight the authors made the following conclusions. The constitutional reform regarding international law does not affect the BRICS documents directly and it does not go against the principles of BRICS cooperation announced by Russia. However, there are certain indirect implications. It is clear that the reform deepens divergences between the BRICS countries. The differences in the approaches to the human rights, certain ideological differences will become more acute within BRICS and there is a space for political use of these differences. 2020 artículo científico 2359-5639 https://www.redalyc.org/articulo.oa?id=534068340002 https://www.redalyc.org/journal/5340/534068340002/ https://www.redalyc.org/journal/5340/534068340002/html/ https://www.redalyc.org/journal/5340/534068340002/534068340002.epub https://www.redalyc.org/journal/5340/534068340002/movil 10.5380/rinc.v7i2.73355 en http://www.redalyc.org/revista.oa?id=5340 Revista de Investigações Constitucionais application/pdf Universidade Federal do Paraná Revista de Investigações Constitucionais (Brasil) Num.2 Vol.7
format Artículo científico
id redalyc_534068340002
institution Redalyc
language en
publishDate 2020
publisher Universidade Federal do Paraná
spellingShingle Amendments of Russian constitution concerning international law and the BRICS
MICHEL VERLAINE
Derecho
BRICS
Russian constitution
political pragmatism
sources of international law
constitutional reform in Russia
Amendments of Russian constitution concerning international law and the BRICS MICHEL VERLAINE ANNA SHASHKOVA EKATERINA KUDRYASHOVA Derecho BRICS Russian constitution political pragmatism sources of international law constitutional reform in Russia The paper presents the current constitutional reform in Russia focusing on the constitutional amendment concerning the international case law. The amended article 79 of the Constitution of Russian Federation restricts the international case law applicability in Russia. There was no polemic around the draft of the constitutional amendment and this restriction was accepted by experts, politicians and public without any discussion. To certain extent this unanimous acceptance could be explained by general positivistic trend in Russia. The amendment is in line with the positivistic approach to the international law formed in Russia recently. The strategic documents on the cooperation within BRICS are scrutinized showing that the positivistic approach is in line with the strategies of Russia announced previously. Based on the general scientific methods and on the method of academic foresight the authors made the following conclusions. The constitutional reform regarding international law does not affect the BRICS documents directly and it does not go against the principles of BRICS cooperation announced by Russia. However, there are certain indirect implications. It is clear that the reform deepens divergences between the BRICS countries. The differences in the approaches to the human rights, certain ideological differences will become more acute within BRICS and there is a space for political use of these differences. 2020 artículo científico 2359-5639 https://www.redalyc.org/articulo.oa?id=534068340002 https://www.redalyc.org/journal/5340/534068340002/ https://www.redalyc.org/journal/5340/534068340002/html/ https://www.redalyc.org/journal/5340/534068340002/534068340002.epub https://www.redalyc.org/journal/5340/534068340002/movil 10.5380/rinc.v7i2.73355 en http://www.redalyc.org/revista.oa?id=5340 Revista de Investigações Constitucionais application/pdf Universidade Federal do Paraná Revista de Investigações Constitucionais (Brasil) Num.2 Vol.7
title Amendments of Russian constitution concerning international law and the BRICS
topic Derecho
BRICS
Russian constitution
political pragmatism
sources of international law
constitutional reform in Russia
url https://www.redalyc.org/articulo.oa?id=534068340002
https://www.redalyc.org/journal/5340/534068340002/
https://www.redalyc.org/journal/5340/534068340002/html/
https://www.redalyc.org/journal/5340/534068340002/534068340002.epub
https://www.redalyc.org/journal/5340/534068340002/movil