Central Asian Law

Alkon, Cynthia. “The Increased Use of Reconciliation in Criminal Cases in Central Asia: A Sign of Reform or Cause for Concern?” 19th International Conference of the International Society for the Reform of Criminal Law (2005), http://www.isrcl.org/.

Sections: Introduction; Why is Reform needed?; The Current State of the Law in Central Asia Regarding the Use of Reconciliation; Current Reconciliation Practices; Conclusion

Alkon, Cynthia. “The Increased Use of “Reconciliation” in Criminal Cases in Central Asia: A Sign of Restorative Justice, Reform or Cause for Concern?” Pepperdine Dispute Resolution Law Journal 8 (2007): 41-116.

Sections: Introduction; This Article; The Data Gathering Process; Background on Central Asia; Restorative Justice in Western Countries; Reconciliation in Central Asia; Conclusion

Davis, Kyle W. “Purging the System: Recent Judicial Reforms in Kazakhstan.” U.C. Davis Journal of International Law and Policy 8 (2002): 255-73.

Sections: Introduction; A Very Brief Historical Review of Judicial Reform in Kazakhstan Before 2000; The 2000-2001 Reforms; International Involvement in Judicial Reforms; Judicial Prestige; Corruption; Conclusion

Galemba, David. “The Authoritarian Roadblock on Post-Soviet Central Asia’s Long Road to Religious Freedom.” Rutgers Journal of Law and Religion 8 (2007): 1-33.

Sections: Introduction; Historical Overview of Religion in Central Asia; The Authoritarian Roadblock: Paranoid Leaders and their Constraint on Religious Freedom; The Endless Cycle: Oppression Begets Extremism Begets Oppression; Conclusion

Kangas, Roger D. “Legal Reform in Central Asia: Battling the Influence of History.” In In the Tracks of Tamerlane: Central Asia’s Path to the 21st Century, edited by Daniel L. Burghart and Theresa Sabonis-Helf, 65-91. Washington, DC: Center For Technology and National Security Policy, National Defense University, 2004.

Sections: Legal Antecedents (The Pre-Russian Legacy; Russian and Soviet-era Law); Respective Frameworks of Legal Regimes
in Central Asia (Kazakhstan, The Kyrgyz Republic, Uzbekistan, Turkmenistan, Tajikistan); Basic Dilemmas and Reform Efforts (Challenges; Efforts at Reform); Conclusion

Kembayev. “The Rise of Presidentialism in Post-Soviet Central Asia: The Example of Kazakhstan.” In Constitutionalism in Islamic Countries: Between Upheaval and Continuity, edited by Rainer Grote and Tilmann Röder: Oxford University Press, 2011.

MacKay, Joseph. “Running Dry: International Law and the Management of Aral Sea Depletion.” Central Asian Survey 28, no. 1 (2009): 17-27.

Sections: Background; The Aral Sea in international law; The law on non-navigational uses of international watercourses; The convention on desertification; Regional efforts at regulation; Water as a resource in Kyrgyzstan’s domestic law; Some consequences;

Martin, Virginia. “Barimta: Nomadic Custom, Imperial Crime.” In Russia’s Orient: Imperial Borderlands and Peoples, 1700-1917, edited by Daniel R. Brower and Edward J. Lazzerini, 249-70. Bloomington: Indiana University Press, 1997.

Relevance:  “In this chapter, I have argued that while the practice of barimta survived by adjusting to a new colonial context, the Kazakh cultural understanding of the importance of honor, justice, and revenge remained the same. An examination of barimta shows that colonization brought new legal structures, but not necessarily new legal sensibilities, to the colonized.” (264)

Martin, Virginia. Law and Custom in the Steppe: The Kazakhs of the Middle Horde and Russian Colonialism in the Nineteenth Century. Richmond: Curzon, 2000.

Sections: Introduction Legal Culture in the Colonial Context; The Middle Horde Nomads and Colonial Rule; Nomadism and Adat; Law and Empire-Building; Settlement: Cossacks, Peasants and Nomads; Adat in Practice 1868-1898; Biys and Litigants; Land Disputes; Barimta; Conclusion

Martin, Virginia. “Kazakh Oath-Taking in Colonial Courtrooms: Legal Culture and Russian Empire-Building.” Kritika: Explorations in Russian and Eurasian History 5, no. 3 (Summer 2004): 483-514.

Oaths in Russian Legal Practice and Empire-Building
The Oath, Custom, and Legitimacy in the Official Biy Court
Kazakh Oath-taking on the Qur’an and Perjury in the Russian Courtroom
Conclusion

Martin, Virginia. “Kazakh Chinggisids, Land and Political Power in the Nineteenth Century: A Case Study of Syrymbet.” Central Asian Survey 29, no. 1 (2010): 79–102.

“Central Asia.” In The Oxford Encyclopedia of Islam and Law, edited by Jonathan Brown. New York: Oxford University Press, forthcoming 2012.

Sections: Introduction to Region, Kazakhstan, The Kyrgyz Republic (Kyrgyzstan), Tajikistan, Turkmenistan, Uzbekistan, Bibliography

Molkner, Keith. “A Comparison of the Legal Regimes for Foreign Investment in Russia, Kazakhstan, and Kyrgystan.” International Tax and Business Lawyer 11, no. 1 (1993): 71-101.

Sections: Introduction; Background; Foreign Investment in Russia; Foreign Investment in Kazakhstan; Foreign Investment in Kyrgyzstan; Comparative Assessment; Bilateral Investment Treaties; Conclusion

Newton, Scott. “Transplantation and Transition: Legality and Legitimacy in the Kazakhstani Legislative Process.” In Law and Informal Practices: The Post-Communist Experience, edited by D. J. Galligan and Marina Kurkchiyan, 151-70. New York: Oxford University Press, 2003.

Sections: Introduction, Legal Reform in Kazakhstan and the Drafting Process, Concluding Observations

Osakwe, Christopher. “Anatomy of the 1994 Civil Codes of Russia and Kazakstan: A Biopsy of the Economic Constitutions of Two Post-Soviet Republics.” Notre Dame Law Review 73, no. 5 (1998): 1413-514.

Sections: The Overture: The Taxonomy of the Two Civil Codes; The Economic Philosophy of the Two Civil Codes: Free Enterprise; The Genealogy of the Two Civil Codes: Sources of influences on the Drafters of the Civil Code; The Architecture of the Codes: Structure and Substantive Coverage of the Two Civil Codes; The Genesis of the Codes: The Saga of Two Test Tube Babies; The Anatomy of the Codes: A Clinical Examination of Selected Provisions of the Civil Codes of Russia and Kazakhstan; Finale: Russia and Kazakhstan as Modern Laboratories for Legal Experimentation; Law on the Books Versus Law in Action: The Pathology of the Two Civil Codes

Podaprigora, Roman. “Religion in Kazakhstan: A General View.” Brigham Young University Law Review (1999): 581-88.

Sections: Introduction; Shortcomings in the Legal Foundation; Conclusion

Podaprigora, Roman. “Kazakhstan.” In Encyclopedia of World Constitutions, edited by Gerhard Robbers, 471-77. New York: Facts On File, 2007.

Sections: Constitutional History, Form and Impact of the Constitution, Basic Organizational Structure, Leading Constitutional Principles, Constitutional Bodies, The Election Process, Political Parties, Citizenship, Fundamental Rights, Economy, Religious Communities, Military Defense and State of Emergency, Amendments to the Constitution

Riazanovskii, Valentin Aleksandrovich. Customary Law of the Nomadic Tribes of Siberia. Bloomington: Indiana University, 1965.

Sections: Juristic Customs of the Kirghiz; Juristic Customs of the Ostyaks, Voguls and Samoyeds; Juristic Customs of the Altais and Teleuts; Juristic Customs of the Kuznetzk Tartars; Juristic Customs of the Buriats; Juristic Customs of the Tunguses; Juristic Customs of the Yakuts; Code of Steppe Laws of the Nomadic Tribes of Eastern Siberia; Conclusion (Fundamental Institutions of the Customary Law of the Nomadic Tribes of Siberia)

Sievers, Eric W. “The Caspian, Regional Seas, and the Case for a Cultural Study of Law.” Georgetown International Environmental Law Review 13, no. 2 (2001): 361-415.

Sections: The Largest Lake on the Planet; A Traditional American Analysis; A Cultural Analysis; Conclusion: Caspian Black Boxes and Black Gold

Sievers, Eric W. “Transboundary Jurisdiction and Watercourse Law: China, Kazakhstan, and the Irtysh.” Texas International Law Journal 37, no. 1 (2002): 1-42.

Sections: Introduction: The Fifth Largest River in the World; Sovereign Kazakhstan on the Edge of China’s Tenth Five-Year Plan; What is Transboundary Watercourse Law?; Remedy and Recourse; Conclusion: Transboundary Jurisdiction

Sinha, Sangeeta. “Kazakhstan.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, edited by Herbert M. Kritzer, 812-18. Santa Barbara, CA: ABC-CLIO, 2002.

Sections: General Information, History, Origins of the Kazakh Legal System, Legal Concepts, Current Structure, Structure of Kazakh Courts, Staffing, Current Trends

Turner, Taylor J. “Freedom under Control: Registration of Religious Organizations in Kazakhstan.” Columbia Journal of East European Law 2 (2008): 272-311.

Sections: Introduction; Country Background; Kazakhstan’s Registration Law; Conclusion: Overcoming Problematic Paradigms