Implementation of international law in CIS states: theory and practice

Abstract

One of the most interesting aspects of CIS constitutional reforms is the gradual 'opening' of the domestic legal systems of these countries to international law. Many CIS countries have rejected the traditional dualist approach to the implementation of international law in domestic legal systems and have proclaimed international law to be part of domestic law. Some have proclaimed the supremacy of treaties over contrary domestic legislation. However, the actual status of international law in CIS countries is determined not only by constitutional clauses, but also by the willingness of domestic courts to rely on that body of law. An analysis of available judicial practice in CIS countries indicates that this 'opening' of the domestic legal orders to international law has not always been transformed into reality. The paper attempts to assess the impact on actual practice of the constitutional declarations of CIS states regarding international law. It examines the judicial practice of CIS countries in this area and the principal policy factors affecting the implementation of international law in these states. It concludes that only some of these countries take their constitutional clauses concerning international law seriously.