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RFE/RL Russian Political Weekly
Vol. 2, No. 20, 19 June 2002
WE ARE THE WORLD. One of the most consistent themes of Russian President Vladimir Putin's rhetoric has been a call for Russia's greater integration into international organizations. Just last month, NATO and Russia increased their cooperation with the formation of a new Russia-NATO Council (see "RFE/RL Newsline," 28 May 2002). At the same time, talks on Russian accession to the World Trade Organization are also continuing. In fact, WTO Director-General Mike Moor recently predicted that Russia could join the organization before the next WTO ministerial forum in September 2003 (see "RFE/RL Newsline," 29 May 2002). This week, "RFE/RL Russian Political Weekly" asked Peter Maggs, Peer & Sarah Pedersen professor of law at University of Illinois-Urbana-Champaign, to comment on the legal aspects of Russia's cooperation with international organizations. JAC
RFE/RL: How would you characterize Russia's progress integrating into international legal structures?
MAGGS: Like domestic governments, international legal structures have executive, legislative, and judicial branches. Executive functions are performed by international organizations, such as the United Nations and the World Trade Organization, and regional organizations, such as NATO.
Legislative functions are performed by the system of international treaties, including treaties on such matters as human rights and intellectual property. Judicial functions are performed by the International Court of Justice and specialized tribunals such as the European Court of Human Rights and the World Trade Organization arbitration boards.
The progress of integration into the various international legal structures began under Stalin, when the USSR ratified a number of important international treaties and became a charter member of the United Nations. It continued under Brezhnev, when the USSR became more active in international organizations and adhered to the most important international human-rights and intellectual-property treaties. However, the USSR never accepted the jurisdiction of international judicial bodies. And, of course, it failed to carry out its obligations under international human-rights treaties.
Under Yeltsin, as the USSR crumbled, Russia began to really implement the basic human rights that were denied under communism. The 1993 Yeltsin constitution incorporated the principle of implementation of international treaties and international law. In 1999, the Constitutional Court suspended the death penalty, which Europeans regard as a violation of human rights, but suspended it only until jury trials became available throughout Russia. It was under Yeltsin that Russia accepted the idea of submitting to the jurisdiction of international judicial bodies. In 1998, Russia adhered to the European Convention on Human Rights and Fundamental Freedoms and thereby accepted the jurisdiction of the European Court of Human Rights. In the 1990s, Russia also began the negotiating process for admission to the World Trade Organization, which requires its members to submit to binding international arbitration.
RFE/RL: And what has been the situation under [Russian President Vladimir] Putin?
MAGGS: When Putin took office, he was sitting on a legal time bomb. The Constitutional Court was regularly making decisions finding federal and local laws to be in violation of human-rights treaties. The European Court of Human Rights had begun processing cases from Russia, some of which were sure to result in decisions that Russia had been violating human rights. Russian legislation, however, particularly the Criminal Procedure Code, was clearly in violation of the Russian Constitution and Russia's international obligations. The situation in Chechnya was being contained only by continual violation of human rights. The Russian Orthodox Church was pressing for restrictions on other religions. Local governments were engaged in widespread violations of human rights through residence-permit laws and other measures. Russian negotiations for entry into the World Trade Organization were moving slowly for various reasons, one of them the poor protection of intellectual property in Russia.
President Putin has taken a number of steps to defuse this situation. In the area of legislation, he secured adoption of a new Criminal Procedure Code, which largely complies with international standards. He is moving to strengthen intellectual-property protection. He has started a major campaign to invalidate local laws that violate federal law, the constitution, and international treaties. Organizationally, he has brought Russia into partnership with NATO, and has cooperated in United Nations peacekeeping efforts and international antiterrorism campaigns. And his administration has indicated that Russia will honor the decision that it must pay damages to a wrongfully imprisoned Russian citizen who won a case in the European Court of Human Rights. Negotiations on Russia's entry into the World Trade Organization, however, are moving slowly. As the Central European countries join the European Union, Russia faces new barriers to travel and trade.
While Putin is said to be pushing for legislation to abolish the death penalty, there is not yet a law on the books that would prevent the automatic resumption of the death penalty in a couple of years when jury trials become available throughout Russia under the new Criminal Procedure Code.
RFE/RL: So, in general, would you say that Putin's rhetoric on integrating Russia into international structures has been matched by actions? Are there any examples of steps backward? I'm wondering specifically about international trade.
MAGGS: With respect to institutional structures, there is NATO, and also the agreement to pay the guy who won the judgment in the European Court of Human Rights. In 2001, Russia got back its voting rights in the Council of Europe, which had been suspended because of human-rights violations in Chechnya. And by cooperating in the war against terrorism, Putin has cleverly pushed the public-relations image that Chechnya is Russia's war on terrorism.
On international trade, Putin has to be careful not to be a pushover. When the U.S. put an unjustified tariff on Russian steel, the Russians suddenly decided that U.S. chickens weren't sanitary enough for the Russian market. Eventually the Russians backed down -- probably because of the U.S.'s assurance that Russia would be reclassified as a "market economy." The U.S. recently did reclassify Russia, greatly reducing the risk that Russian exporters will face U.S. "antidumping" duties. Particularly with Russia not being in the WTO, Russia has to engage in this sort of thing or other countries will walk all over it. Entry into the WTO means individual negotiations on trade issues with the major WTO members. Again, Russia could give in on many points and join the WTO quickly, but Putin is smarter to engage in hard bargaining.
Another important example of integration into international structures is Russian acceptance of U.S. bases in Central Asia in the Afghan war, though there wasn't much Russia could do about it.
In addition, thanks to good oil revenues, Russia has been able to pay down its foreign debt and reduce dependence on the World Bank and IMF.
It has also the beefed up criminal punishments for copyright infringement.
(See also http://www.akdi.ru/gd/proekt/088719GD.SHTM)
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