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

Beckwith, Grant Garrard. “Uzbekistan: Islam, Communism, and Religious Liberty: An Appraisal of Uzbekistan’s 1998 Law “on Freedom of Conscience and Religious Organizations”.” Brigham Young University Law Review (2000): 997-1048.

Sections: Introduction; Background; The 1998 Freedom of Conscience Law; Forward Looking Considerations: A Compromise Model

Branch, Ben, and Natalya Goncharova. “Bankruptcy Process in Uzbekistan.” Norton Annual Survey of Bankruptcy Law 2005, no. 2005 (2005).

Sections: Introduction; Country Overview; Government; Privatization Process; Bankruptcy Law; Development of Laws and Regulations Governing Bankruptcy; Contribution from Foreign Organizations; Definitions Provided in the Bankruptcy Law; Order of Priority in Satisfying Creditors’ Claims; Government Institutions Responsible for Overseeing the Bankruptcy Processes; Application of Bankruptcy Law; Conclusion

Brusina, Olga. “Sharia and Civil Law in Marital Relations of the Muslim Population in Central Asia.” Russian Social Science Review 50, no. 3 (2009): 26-41.

Sections: Marital relations in Soviet Central Asia, Post-Soviet reality

Daniels, M. “Assessing the Genocide and Political Mass Murder Framework: The Case of Uzbekistan.” George Washington International Law Review 37, no. 4 (2005): 917-48.

Sections: Introduction; Prior Evaluation of Genocide; Evaluation of Harff’s Criteria; 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

Hines, Jonathan H., and Eric W. Sievers. “Legal Regime for Hydrocarbon Development in Uzbekistan.” Journal of Energy & Natural Resources Law 19, no. 4 (2001): 387-402.

Sections: The context; Legal framework: overview; Subsoil Law regime; Administrative picture; Concession Law; General tax incentives and protections for foreign investors; Newest legal acts: steps in the right direction

Kamp, Marianne, and Russell G. Zanca. “Writing the History of Collectivization in Uzbekistan: Oral Narratives.” The National Council for Eurasian and East European Research (2008), http://www.nceeer.org/papers.html.

Sections: Executive Summary, Prior Work in this Area, The Significance of this Project, Class Identity in Rural Uzbekistan, Class Identity in Oral Histories of Collectivization, Bibliography

Relevance: “In a period when policy makers recommend changes to independent Uzbekistan’s land laws, this study may provide a deeper sense of cultural attitudes about land and livelihood in rural Uzbekistan, with implications for changes in land tenure systems.” (3,9)

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

Katrougalos, George. “Uzbekistan.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, edited by Herbert M. Kritzer, 1724-28. Santa Barbara, CA: ABC-CLIO, 2002.

Sections: Country Information, History, Legal Concepts, Executive and Legislative Branches, The Judiciary

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;

McCormick, Christy Cutbill. “Exporting the First Amendment: America’s Response to Religious Persecution Abroad.” Journal of International Legal Studies 4 (1998): 283-334.

Sections: Introduction; Recent Attention to Religious Freedom Issues; Americans Justify U.S. Action Based on the Concept of Religious Liberty as Guaranteed by the First Amendment; Worldwide Religious Persecution Continues to Exist in Spite of Guarantees of Religious Freedom in International Law and Individual State Constitutions (Former Soviet Countries; Uzbekistan); How Should America Respond to Religious Persecution Abroad?; Conclusion

“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

Morozova, Irina. “Public Discussion on the ‘State of Law’ and Contemporary Political Regimes in Central Asia and the Southern Caucasus.” In Central Asian Law: An Historical Overview: A Festschrift for the Ninetieth Birthday of Herbert Franke, edited by Wallace Johnson and Irina F. Popova, 237-59. Lawrence, KS: Society for Asian Legal History, the Hall Center for the Humanities, the University of Kansas, 2004.

Sections: Introduction; The Different Systems of Law in Present Day Central Asia and the Southern Caucasus; Public Discussions on the State of Law in the Post-Soviet and the Post-Socialist States; Order, the State of Law and the Shadow of the Legal Economy in Contemporary Azerbaijan; The President, the Opposition and Discourse on Human Rights in Uzbekistan; The One-Party Parliament and the Reform of the Legislature in Post-Socialist Mongolia; Conclusion

Muminov, Ashirbek, Uygun Gafurov, and Rinat Shigabdinov. “Islamic Education in Soviet and Post-Soviet Uzbekistan.” In Islamic Education in the Soviet Union and Its Successor States, edited by Michael Kemper, Raoul Motika and Stefan Reichmuth. New York: Routledge, 2010.

Sections: Introduction, The traditional Islamic educational system of Uzbekistan: reform plans and failures (1917-1928), The destruction of Islamic education (1927-1928), Islamic scholars in the period of repression, 1928-1943

Peshkova, Svetlana. “Bringing the Mosque Home and Talking Politics: Women, Domestic Space, and the State in the Ferghana Valley (Uzbekistan).” Contemporary Islam 3, no. 3 (2009): 251-73.

Sections: Geographic, historical, religious and political landscapes; Domestic space and religious renewal; Space, religion, and gender; Making place in a space; From talk to action and vice versa; Women, domestic space, and the state in the Ferghana Valley

Sievers, Eric W. “Uzbekistan’s Mahalla: From Soviet to Absolutist Residential Community Associations.” Chicago-Kent Journal of International and Comparative Law (2002).

Sections: Introduction: Order Despite Law; Mahalla Space and Mahalla Evolution; Mahalla Eras: Premodern, Soviet, and Post-Soviet; The Problematique of Modern Mahalla Life; Mahalla Reform and Development; Conclusion

Terada, Suzanne. “An Uzbekistan Experience.” Hawaii Bar Journal  (1999): 42-43.

Relevance: “In November, 1997, Hillary Clinton visited Uzbekistan, a former state of the USSR and spoke about domestic violence. This was the first time that the problem of domestic violence was publicly discussed in this Central Asian Republic. This prompted the United States Information Agency (USIA) to present a workshop there in April 1998 entitled ‘Domestic Violence – The American Experience’ led by retired Hawaii Family Court Judge Evelyn Lance and an attorney from Maryland.”

Zappalà, Salvatore. “The German Federal Prosecutor’s Decision Not to Prosecute a Former Uzbek Minister Missed Opportunity or Prosecutorial Wisdom?” Journal of International Criminal Justice 4, no. 3 (2006): 602-22.

Sections: Introduction; The Decision; The Boundaries of Prosecutorial Discretion and the Prospect of Successful Prosecution; The Need to Prove the Policy Element: Do Crimes against Humanity Require a State or Organizational Policy?; The Unsaid: The Problem of Immunity of State Officials; Conclusion