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Russia And The Legality Of Strasbourg Law, Mark Weston Janis

Faculty Articles and Papers

The aim of this essay is to comment on Russia's accession to the Council of Europe and its probable accession to the European Convention on Human Rights from the perspective of the legal theory concerning the nature of obligation in international law and the law-like character of international law. The facts of Russia's accession test a philosophical argument that has been made elsewhere about the nature, efficacy and 'legality' of the legal system of the European Human Rights Convention. An important premise therein is that 'sometimes a happy (or unhappy) confluence of political decisions, social attitudes, and individual actors and …