Title: Systematization of the sources of international jurisdiction in civil cases of Russia
Abstract: There is no universally binding system of international jurisdiction norms in the world.In Russia jurisdiction is regulated by the international treaties and norms of national law. A number of international treaties concluded by the Russian Federation with other states contain rules regulating the international jurisdiction in civil cases. The international treaties concluded by Russia stipulate the following types of international jurisdiction: general (contractual), exclusive and alternative.If the treaty does not contain rules on the competence delimitation, it should be used the domestic rules on international jurisdiction.The international legal documents not only of a bilateral but also of a multilateral nature, as a rule, establish several categories of cases, the disputes on which are subject to exclusive jurisdiction of the contracting countries according to the criteria formulated in the treaties.In the Russian practice, if a specific case is related to a particular jurisdiction of the courts of a specific country by a conventional rule, these courts should accept the statement of claim even in the cases where the national law does not stipulate the consideration of the case in local courts.The regulation of international jurisdiction in the interstate agreements causes the problem of correlation between the norms of domestic legislation and the provisions of international treaties. The general rule is as follows: if the international treaty contains provisions that differ from the provisions of the national law, the norms of the international treaty should be applied.
Publication Year: 2017
Publication Date: 2017-10-26
Language: en
Type: article
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