Russia will obey international courts selectively
Tuesday, March 28, 2017
Subject
Russia's approach to international law
Significance
Russia's approach to international law places a high value on national jurisdiction. The government is reluctant to lose control when cases appear to impinge on state sovereignty and natural resources. This trend has been visible in recent investor-state arbitration cases as well as in cases before the European Court of Human Rights (ECHR). In a highly political case brought by Ukraine at the International Court of Justice (ICJ), Russia's first line of defence is that the court lacks jurisdiction.
Impacts
- Russian payment of compensation in many cases will indirectly acknowledge the ECHR's role as a de facto appeals court.
- Russian hostility to international law taking precedence over national laws is mirrored in many European states.
- Moscow will still use courts abroad to settle commercial disputes.