Current Trends in the Development of Judicial Practice on the Correlation Between International and National Law
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Mikhail Galperin
Doctor of Science in Law, Head of the Scientific Direction “Private and Public International Law” at the Institute of Legislation and Comparative Law under the Government of the Russian Federation; Professor at the National Research University Higher School of Economics and the S.S. Alekseev Private Law Research Centre under the President of the Russian Federation
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Michael Swainston
QC, Barrister, Brick Court Chambers
Anatoliy Kovler
Professor Kovler is now serving as Head of the Foreign Law and Comparative Law Center at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. He was elected judge of the European Court of Human Rights in 1999 and served until 2012
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Aleksey Ispolinov
Head of the Department of International Law, Lomonosov Moscow State University
Antonios Tzanakopoulos
Аssociate Professor of Public International Law at the Faculty of Law and Fellow in Law at St Anne's College (Oxford University)
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Evgeny Zagaynov
Permanent Representative of the Russian Federation to ASEAN
Bogdan Zimnenko
Deputy Head of the Department for Systematization of Legislation and Analysis of Judicial Practice - Head of the Department of International Law, Supreme Court of the Russian Federation
On May 17, 2018, during the St. Petersburg International Legal Forum the roundtable on Current Trends in the Development of Judicial Practice on the Correlation Between International and National Law was held. Discussion session was organized with the support of the Ministry of Foreign Affairs of the Russian Federation and International and Comparative Law Research Center.
The influence of intra-state processes on international cooperation, on the one hand, and the growing impact of international relations on the internal life of the state, on the other, entail a contingency and convergence of international and national legal systems, the problem of interaction of international and national law is of exceptional relevance.
In the light of recent Constitutional Court of the Russian Federation decisions concerning the European Court of Human Rights, the problem of interaction between international and national law, as well as the question of interaction between constitutional and international courts, has been transformed from a doctrinal one into an actual practical problem. Active role of the Russian Federation in the creation and strengthening the EAEU and its emerging legal order also leads to the need to resolve the issues of correlation between the law of EAEU and domestic legislation of its members.
In frames of discussion participants discussed following questions:
The influence of intra-state processes on international cooperation, on the one hand, and the growing impact of international relations on the internal life of the state, on the other, entail a contingency and convergence of international and national legal systems, the problem of interaction of international and national law is of exceptional relevance.
In the light of recent Constitutional Court of the Russian Federation decisions concerning the European Court of Human Rights, the problem of interaction between international and national law, as well as the question of interaction between constitutional and international courts, has been transformed from a doctrinal one into an actual practical problem. Active role of the Russian Federation in the creation and strengthening the EAEU and its emerging legal order also leads to the need to resolve the issues of correlation between the law of EAEU and domestic legislation of its members.
In frames of discussion participants discussed following questions:
- constitutional mechanisms of interaction between national and international law in law-making process and law enforcement practice;
- the interpretation of national law provisions by international judicial institutions;
- the European Court of Human Rights: "the limit of compliance";
- interaction between national legal order, the EAEU law and the law of WTO in domestic and international courts decisions;
- investment tribunals and their interaction with regional integration courts and national judicial organs.
Other events
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