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

Anderson, Justice Paul H. “A Minnesota Judge’s Perspective on the Rule of Law in China and Kyrgyzstan.” Minnesota Journal of International Law 18, no. 2 (2009): 343-56.

Buck, Susan J., Gregory W. Gleason, and Mitchel S. Jofuku. “”The Institutional Imperative”: Resolving Transboundary Water Conflict in Arid Agricultural Regions of the United States and the Commonwealth of Independent States.” Natural Resources Journal. 33, no. 3 (1993): 595-628.

Sections: The Theory of Transboundary Water Management and Natural Resource Conflict; The Distribution Logic of Water Systems in Central Asia and the American Southwest; The Institutional Logic of Water Management Systems in Central Asia and the American Southwest; Conclusion

Doran, David D. “Law and Custom in Soviet Central Asia: The “Sovietization” of the Muslim Peoples.” Student papers (University of Washington School of Law)  (1989).

Sections: Introduction; History of Law, Government, and the Judiciary in Central Asia; General Jurisprudence in Pre-Revolutionary Central Asia; Sovietization of Muslim Central Asia; Islam in Soviet Central Asia Today: Structure and Organization; 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

Gegenheimer, Gary. “Judicial Review of Bank Supervisory Decisions in the Former Soviet Republics: The Case of Kyrgyzstan.” Annual Review of Banking and Financial Law 25 (2006): 295-387.

Sections: Introduction; Overview of the Kyrgyz Legal System; International Perspectives; Conclusion: A Modest Reform Proposal

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

Kelly, Christina M. “The United States and Turkmenistan: Striking a Balance between Promoting Religious Freedom and Fighting the War against Terrorism.” Pace International Law Review 15, no. 2 (2003): 481-511.

Sections: Introduction; Turkmenistan; The International Religious Freedom Act; Turkmenistan is a Country of Particular Concern and Should Be So Designated; Conclusion

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

Merrell, David E. “State Engagement with Non-State Justice: How the Experience in Kyrgyzstan Can Reinforce the Need for Legitimacy in Afghanistan.” Central Asian Survey 29, no. 2 (2010): 205-17.

Sections: Introduction; Non-State Justice in Afghanistan and the Question of its Engagement with the State; State Engagement with Non-State Justice in Kyrgyzstan during Tsarist, Soviet and Post-Soviet Times; How the Experience in Kyrgyzstan Can Reinforce the Need for Legitimacy in Afghanistan; Conclusion

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

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

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

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. “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

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.”