Unprincipled disobedience to international decisions: A primer from the Russian Constitutional Court

Filippo Fontanelli, Kanstantin Dzehtsiarou

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

This article uses the opportunity of a decision by the Russian Constitutional Court (RCC) to test whether unprincipled disobedience can be detected.Disobedience indicates the refusal, by domestic authorities, to implement the binding decisions of international courts and tribunals. Unprincipled disobedience is dictated by convenience rather than principled reasons. In Yukos, the Russian Court declared the eponymous judgment of the European Court of Human Rights impossible to execute, for incompatibility with the Russian Constitution.The reasons put forward by the Russian judges are deeply problematic from the perspective of constitutional and international law. Th e fragility of this decision’ s arguments reveals the real motives of the RCC and qualifies its decision as a glaring instance of unprincipled disobedience.
Original languageEnglish
Title of host publicationEuropean Yearbook of Human Rights 2018
EditorsWolfgang Benedek, Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak
PublisherIntersentia
Pages319-341
Number of pages23
Edition1
ISBN (Print)9781780687063
Publication statusPublished - 1 Oct 2018

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