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14 J. Comp. L. 275 (2019)
A Balanced Approach to the Protection of National Law and Order and the European Court of Human Rights

handle is hein.journals/jrnatila14 and id is 281 raw text is: 

MARK ENTIN, EKATERINA ENTINA AND ELENA OSOKINA


A Balanced Approach to the Protection

    of National Law and Order and the

      European Court of Human Rights

                                MARK ENTIN*
                           EKATERINA ENTINA**
                             ELENA OSOKINA***

There is no permanent, ever-lasting, or universal truth for human society. The sure way to
ruin a promising initiative in politics would be walking a straight line from points A to B.
But only God knows, and probably not for certain, what the shortest distance actually is
and what twists and turns one may encounter on this way.
   It would seem that more is always better than less. But this is not so. Consider
overproduction when an enormous amount of goods of the same kind appear on the
market. They simply cannot be all sold, and prices plunge dramatically not by several
percentage points but by an order of magnitude. The combined value of the excess
goods is much lower than what they would be worth in a situation of reasonable supply
and growing demand.
   As neither philosophy, nor politics, nor economics, nor law can offer a permanent
truth, our political and legal approaches need to be constantly adapted to the changing
environment, compared with the best practices developed in the world, and evaluated to
see if they are effective, reasonable, and worthwhile.
   The Russian Federation is in a unique situation, facing a set of tasks similar to those
faced in the 1990s: accelerated economic development with reliance on its own resources
and potential, resistance to centrifugal tendencies, and consolidation of society. But the
country has to resolve them in an entirely different international environment, which is
harsh, hostile, and uncompromising.
   This suggests that the existing model of correlation between national and international
law has to be changed, corrected, and adjusted. This article suggests what needs to be done
and how.





* Professor, Moscow State Institute of International Relations (University), Ministry of Foreign Affairs of the
Russian Federation.
** Associate Professor, National Research University -Higher School of Economics, Moscow.
*   Post-graduate student, Chair of European law, Moscow State Institute of International Relations
(University), Minis [ry of Foreign Affairs of the Russian Federation.


JCL 14:1    275

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