The Privileges and Immunities of International Organizations in Domestic Courts. The Russian Federation

International Law In Domestic Legal Orders. The Privileges and Immunities of International Organizations in Domestic Courts edited by August Reinisch. Oxford, 2013

20 Pages Posted: 27 Jan 2015 Last revised: 4 Feb 2019

See all articles by Sergey Marochkin

Sergey Marochkin

University of Tyumen; Tyumen State University

Date Written: September 12, 2013

Abstract

In recent decades there has been a steadily growing expansion and diversification of international relations. Along with states, a prominent role in international relations is now being played by a variety of interstate alliances (frequently called organizations, unions, communities, or associations), non-state structures (such as TNCs, NGOs, other juridical persons, and the media) and individuals. This development has become the object of close attention in the doctrine. In this context, international organizations have been the primary focus for international legal scholars since they tend to engage in regulatory activities and frequently need to engage in legal relations with the members and with third parties. Such international organizations range from those of a universal to a regional and interregional character.

One of the inevitable consequences of these activities is their potential involvement in proceedings before national courts. As will be shown in the course of this chapter, courts of the Russian Federation may affect a significant number of international organizations to varying degrees. The relevant cases provide a possibility to study their role in and influence on domestic court proceedings.

The participation of international organizations in Russian court proceedings has some specific characteristics. The first one is that universal international organizations are usually not parties to proceedings because no such international organization is seated in Russia, making regional and interregional international organizations the most significant before Russian courts. That being said, the regional character of such international organizations does not diminish their importance. On the contrary, it is particularly on the regional level that states accept a higher level of integration and the corresponding international organizations are set up with the aim of addressing many important and vital issues of everyday life (such as issues relating to trade, health, or the environment).

Another peculiarity is that the contending parties and the court itself necessarily base their legal argumentation on international law and the corresponding need to take into account its effect and applicability in the Russian legal system. The norms of international law have a direct effect and application in the legal system of Russia. Accordingly, the courts hear cases involving international organizations on the basis of Russian law and international law. The reasons why the latter is applied may vary: an appeal to it for legal reasoning, passing a judgment on the basis of the joint application of national law and international law, or priority application of international treaties over the domestic laws in case of discrepancy. One last characteristic feature is the ‘geography’ of such proceedings. As a general rule, they are limited to where the offices of the international organizations represented in Russia are located, ie Moscow and the Moscow region, and sometimes to St Petersburg, The study presented in this chapter, which serves as the basis for the substantiated estimates and conclusions, covers case-law from 1998 onwards.

Keywords: International law, International organizations, proceedings before national courts, Russian courts, applicability in the Russian legal system, direct effect and application, priority application of international treaties over the domestic laws.

JEL Classification: K33

Suggested Citation

Marochkin, Sergey, The Privileges and Immunities of International Organizations in Domestic Courts. The Russian Federation (September 12, 2013). International Law In Domestic Legal Orders. The Privileges and Immunities of International Organizations in Domestic Courts edited by August Reinisch. Oxford, 2013, Available at SSRN: https://ssrn.com/abstract=2555417

Sergey Marochkin (Contact Author)

University of Tyumen ( email )

6, Volodarskogo st.
Tyumen, 625003
Russia

Tyumen State University ( email )

10 Semakov st.
Tyumen, Tyumen Region (Oblast') 625003
Russia
(+007) 3452 45 56 87 (Phone)
(+007) 3452 45 56 87 (Fax)

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