Russian cases in the ECtHR and the question of implementation

Bowring, Bill (2018) Russian cases in the ECtHR and the question of implementation. In: Mälksoo, L. and Benedek, W. (eds.) Russia and the European Court of Human Rights: The Strasbourg Effect. Cambridge, UK: Cambridge University Press, pp. 188-221. ISBN 9781108415736.

Abstract

This Chapter asks whether the recent rulings of the Russian Constitutional Court in 2015 and 2016 demonstrate the final failure of attempts since Russian’s ratification of the ECHR in 1998 to “socialise” Russia into the ECHR systrem. In order to answer this question, I turn to an examination of the “spiral model” of socialization which, starting (to my surprise) with an explanation of the Soviet understanding of the role of law as social educator, has migrated from developmental psychology to constructivist theories of international relations, and thence to human rights law, with special reference to Russia. I give an overview of what has been a deep and significant engagement between Russia and the Strasbourg Court, and, with reference to recent scholarship, seek to show that this engagement has brought about real change in Russian law and practice. In the context of the recent Constitutional Court cases, I argue that the character of Russian approaches to international law and human rights, can only be understood in the context of the intense and unfinished debates which have continued from the 18th century to the present day, with the impassioned exchange in 2015 between Yelena Lukyanova and Valeriy Zorkin.

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