国家和国际法治:公开的遵守和现实生活中的政策

IF 0.5 4区 社会学 Q3 LAW Review of Central and East European Law Pub Date : 2019-09-05 DOI:10.1163/15730352-04403004
Sergey Marochkin
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引用次数: 0

摘要

本文的主要目的是分析“黑体字”法律与其现实实施之间的相关性。这种相关性将根据各国和国际社会所宣称的目标来考察,即在国内和国际上嵌入和实施“法治”原则。在法律和政治文件以及政治人物的声明的范围内,法治已成为发展的主要媒介。它被许多国家和国际社会宣布为法律秩序的基本原则之一。但是,法治是国家内部法律秩序的最重要特征吗?更重要的是国家之间的法律秩序?各国是否有加强国际法治的实际意愿?本文考察了俄罗斯法治的起源和特征。国内法治与国际法治相互影响。这种相互作用的一些形式及其相互影响的特点如下。该研究还追溯了国际宣言的正式意图及其对法治和国际法的实际立场。经过仔细审查,得出的结论是,“黑字定律”和现实生活中的应用目前并不一致。在国家和国际两级,关于这一基本原则出现了明显的相互矛盾的趋势。第一个矛盾在于通过规制手段来巩固和实施这一原则。第二个矛盾揭示了监管工具与实际行动和政策之间的差异。本文评估了这些对立倾向的倾向;报告还评估了国际法和法治发展的各种前景。
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National and International Rule of Law: Proclaimed Adherence and Real-Life Policies
The main purpose of this article is to analyze the correlation between ‘black letter’ law and its real-life implementation. The correlation is to be examined in light of countries’ and the international community’s proclaimed goal, namely to embed and implement the ‘rule of law’ principle domestically and internationally. Within the context of legal and political documents, as well as statements by political personalities, the rule of law has become the dominant vector for development. It is proclaimed to be one of the basic principles of legal orders in many countries and in the international community. But is the rule of law the most important characteristic of legal orders inside of states and, what is more important, between them? Is there an actual willingness on the part of states to strengthen the international rule of law? This article observes the origins and characteristics of the rule of law in particular with respect to Russia. Both domestic and international rule of law impact each other. Some forms of this interaction and their mutual influence are characterized below. The study also traces intent as formalized in international declarations and their de-facto stance toward the rule of law and international law. This scrutiny enables the conclusion that ‘black letter law’ and real-life application do not currently coincide. There are clear contradictory trends relating to this basic principle at both national and international levels. The first contradiction lies in the entrenchment and implementation of the principle by regulatory means. The second contradiction reveals discrepancies between regulatory instruments and real actions and policies. The article evaluates predispositions for these opposing tendencies; it also assesses alternative prospects for the development of international law and the rule of law.
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
11
期刊介绍: Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.
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