William E. Butler - Böcker

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions.The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions.The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

This volume focuses on the most essential foundation laws for the foreign investor and student of foreign economic relations. Translated from the Russian by Professor Butler, it covers legislation relating to insurance, insolvency, companies and partnerships, state and municipal enterprises, noncommercial organizations, civil rights, and foreign investment. Each law is prefaced by a detailed table of contents, and all translations are made from the official Russian texts, incorporating all amendments, changes, and additions, and including, where applicable, relevant decrees of the Constitutional Court of the Russian Federation. Russian Company and Commercial Legislation will be published alongside Civil Code of the Russian Federation (0199261539) and the second edition of Professor Butler's acclaimed text on Russian Law (0199254001).

This volume provides a complete and authoritative English translation of Parts I, II, and III of the Russian Civil Code, which entered into force in complete form in March 2002. The Civil Code is the central document of market reforms in Russia, dealing with the law of persons (including companies), ownership, contract in all forms, tort, unjust enrichment, inheritance, and private international law. It has been translated from the Russian by Professor Butler, an acknowledged expert in the field, and benefits from a detailed article-by-article table of contents, a thorough subject-index to the Code, and a Russian-English glossary of civil law terms. An essential tool for any practitioner or student of Russian Law, Civil Code of the Russian Federation will be published alongside a collection of translated Russian Company and Commercial Legislation (0199261520) and the second edition of Professor Butler's acclaimed text on Russian Law (0199254001).

Since the dissolution of the former USSR, twelve countries have, for the first time in modern history, been confronted with the task of defining their attitudes and policies towards the central means for law-making in the international community - the treaty. This 2002 book was the first comparative commentary in any language on the law of treaties as reflected in the legislation of Russia and other member countries of the Commonwealth of Independent States, and in their international practice. Unusually, each has responded by enacting at least one law (sometimes more) on the procedures for treaty relations with other states and international organisations. The book is accompanied by original authoritative translations of all the relevant laws, an extensive classified bibliography and an informed commentary on every article in the laws.

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

In a draft attached to a letter to his friend and confidante Wilhelm Fliess (May 31, 1897), Freud develops an idea: The mechanism of fiction is the same as that of hysterical fantasies. He supports this thought with a brief analysis of the biographical sources of Goethe's Werther. A few months later, on October 15, 1897, Freud mails Fliess a detailed account of remembered events from his childhood that, Freud believed, underlined the universality of Oedipus Rex and Hamlet. Freud's foray into literature initiated the beginning of a new critical approach.In Essential Papers on Literature and Psychoanalysis, Emanuel Berman presents classic and contemporary papers written at the intersection of literature and psychoanalysis. In bringing these essays together Berman traces the development of a discipline that has often been plagued by a polarization between self-confident, single-minded psychoanalysts reading literature as a series of case studies and literary loyalists who cling to manifest content or to the declared intentions of the authors, accepting them at face value and depriving the work of its emotional complexity. Berman covers the full range of old and new perspectives, and presents selections from today's mature phase.This collection includes papers by Sigmund Freud, Steven Marcus, Patrick J. Mahoney, Donald Spence, Otto Rank, Ernest Jones, Ernst Kris, Phyllis Greenacre, Florence Bonime and Maryanne Eckardt, David Werman, Ellen Handler Spitz, Jacques Lacan, Shoshana Felman, Norman N. Holland, Roy Schafer, Meredith Anne Skura, Gail S. Reed, Francis Baudry, Rivka R. Eifermann, and Bennett Simon.

In a draft attached to a letter to his friend and confidante Wilhelm Fliess (May 31, 1897), Freud develops an idea: The mechanism of fiction is the same as that of hysterical fantasies. He supports this thought with a brief analysis of the biographical sources of Goethe's Werther. A few months later, on October 15, 1897, Freud mails Fliess a detailed account of remembered events from his childhood that, Freud believed, underlined the universality of Oedipus Rex and Hamlet. Freud's foray into literature initiated the beginning of a new critical approach.In Essential Papers on Literature and Psychoanalysis, Emanuel Berman presents classic and contemporary papers written at the intersection of literature and psychoanalysis. In bringing these essays together Berman traces the development of a discipline that has often been plagued by a polarization between self-confident, single-minded psychoanalysts reading literature as a series of case studies and literary loyalists who cling to manifest content or to the declared intentions of the authors, accepting them at face value and depriving the work of its emotional complexity. Berman covers the full range of old and new perspectives, and presents selections from today's mature phase.This collection includes papers by Sigmund Freud, Steven Marcus, Patrick J. Mahoney, Donald Spence, Otto Rank, Ernest Jones, Ernst Kris, Phyllis Greenacre, Florence Bonime and Maryanne Eckardt, David Werman, Ellen Handler Spitz, Jacques Lacan, Shoshana Felman, Norman N. Holland, Roy Schafer, Meredith Anne Skura, Gail S. Reed, Francis Baudry, Rivka R. Eifermann, and Bennett Simon.

Ivan Aleksandrovich Il’in (1883-1954) has become in post-Soviet Russia one of the most eminent legal philosophers of the twentieth century. This volume brings to an international readership for the first time what is perhaps the most impassioned and prescient work by a Russian jurist in support of the rule of law.Il’in has heretofore been accessible only to those who have a command of Russian, German, or, exceptionally French, and even then primarily in circles where Russian émigré literature circulated. Originally written and in galley proofs between 1916 and 1919, the final work on legal consciousness was not published until 1956 in Germany and only in the 1990s in Russia, where it has generated considerable impact. Il’in’s most original and influential contribution to legal theory, this long-awaited English translation will inform discussions of legal consciousness for decades to come.Il’in’s monograph is accompanied by one of his early and influential articles on concepts of law and power and by essays devoted to Il’in and the rule of law; the origin and transformations of the concept of legal consciousness, and the origins of Il’in’s treatise on legal consciousness, a glossary of key legal terms, and a bibliography of works by or devoted to Il’in.