Russia and European Human-Rights Law

The Rise of the Civilizational Argument


Volume Editor: Lauri Mälksoo
In Russia and European Human-Rights Law: The Rise of the Civilizational Argument, Lauri Mälksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights. Certain aspects of human-rights doctrine and practice in Russia are particularly highlighted: the increasing impact of Orthodox Christian teachings on the Russian government's ideology, the situation with media freedom, freedom of religion, etc. The authors draw widely on Russian sources and media. The questions whether modern-day Russia truly fits in the human-rights protection system of the Council of Europe, and whether a margin of appreciation will suffice when dealing with Moscow, are highly relevant in contemporary European politics.
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Lauri Mälksoo is Professor of International Law at the University of Tartu in Estonia. He is a member of the Estonian Academy of Sciences, previously has published Illegal Annexation and State Continuity (Martinus Nijhoff, 2003), and, also, is one of the three Editors-in-Chief of the Baltic Yearbook of International Law, published by Brill Nijhoff since 2000.
"Readers will benefit from this generous supervisor’s volume with his students...The chapters are richly footnoted and developed..."
-Jeffrey Kahn, Southern Methodist University
Preface, Lauri Mälksoo
Foreword, Angelika Nussberger
Introduction, Lauri Mälksoo
The Human-Rights Concept of the Russian Orthodox Church and its Patriarch Kirill I: A Critical Appraisal, Lauri Mälksoo
Culture Re-introduced: Contestation of Human Rights in Contemporary Russia, Petr Preclik
Tilting at Windmills? The European Response to Violations of Media Freedom in Russia, Dorothea Schönfeld
Orthodox Pluralism: Controus of Freedom of Religion in the Russian Federation and Strasbourg Jurisprudence, Dara Hallinan
Assessing Human Rights in Russia: Not to Miss the Forest for the Trees. A Response to Preclik, Schönfeld and Hallinan, Valdislav Starzhenetskii
Concluding Observations. Russian and European Human-Rights Law: Margins of the Margin of Appreciation, Lauri Mälksoo
List of Contributors
All interested in the European Court of Human Rights, the Council of Europe, human rights in Russia, the question of whether human rights are universal, new empiral studies on human rights law, practice, and rhetoric.