Central Asian Law

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.

Boyle, L. R. “Three’s Company: Examining the Third-Party Problem through an Analysis of Bridas S.A.P.I.C. V. Government of Turkmenistan.” Houston Law Review 45, no. 1 (2008): 261-86.

Sections: Introduction; Overview of International Arbitration; Statement of the Case; Analysis

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

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

Gill, B. “Aiding the Rule of Law Abroad: The Kyrgyz Republic as a Case Study.” The Fletcher forum of world affairs. 29 (2005): 133-56.

Sections: Background; What is at Stake?; Will the Rule of Law Prevail?; What are the Barriers to Securing Rule of Law?; Recommendations; Conclusion

Handrahan, L.M. “Implications of International Human Rights Law and Bride Kidnapping in Kyrgyzstan.” PRAXIS The Fletcher Journal of Development Studies XVI (2000).

Sections: Introduction, History of Bride Kidnapping, Bride Kidnapping Today, Background, International Legal Tools to Combat Bride Kidnapping, Prescriptive Measures, Conclusion, Endnotes

Heltzer, Gregory E. “Stalemate in the Aral Sea Basin: Will Kyrgyzstan’s New Water Law Bring the Downstream Nations Back to the Multilateral Bargaining Table?” Georgetown International Environmental Law Review 15, no. 2 (2003): 291-319.

Sections: Introduction; Causes of the Current State of Affairs in Central Asia; International Law and Water as an Economic Good; Kyrgyzstan’s New Law and Its Effect on Regional Discussions; Solving Central Asia’s Water Stalemate; 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

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

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;

Müllerson, Rein. “The Kyrgyz Tragedy: Particular and General.” Chinese Journal of International Law 10 (2011): 407-26.

Sections: Introduction; Askar Akayev: democratic reforms versus weak authority and corruption; 2005: the Tulip revolution or coup d’état?; Kyrgyzstan and external forces; 2010: struggle for power between Kyrgyz factions and the Uzbek community; The rise of ethno-nationalism, market reforms and majority rule; June 2010: mob violence, human rights and crimes against humanity; Quo vadis Kyrgyzstan: denial, impunity but also hope;

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

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

O’Shea, Brian J. “Out of Gas in Turkmenistan: The Stalled Commercial Law Reform of a Post-Soviet State.” International Lawyer 35 (2001): 1051-68.

Sections: Introduction; The Main Determinants of Turkmenistan’s Transition; Commercial Law Regime; Doing Business in Turkmenistan Today;

Satarkulova, Indira. “International Commercial Arbitration in the Kyrgyz Republic.” Vindobona Journal of International Commercial Law & Arbitration 10 (2006): 319-34.

Sections: Introduction; Application of international law in the legal system of the Kyrgyz Republic; The Commercial Court System in
the Kyrgyz Republic: Background and recent developments; International Arbitration Tribunal; Conclusion

Shaver, Lynn. “The Revocation of Dual Citizenship in Turkmenistan.” Human Rights Brief 11, no. 1 (2003): 5-7.

Sections: Background; Niyazov’s Elimination of “Betrayers of the Motherland”; Revocation of the 1993 Dual Citizenship Agreement; Compliance with Turkmen and International Law; Conclusion

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

Sievers, Eric W. “Water, Conflict, and Regional Security in Central Asia.” New York University Environmental Law Journal 10, no. 356 (2002): 356-402.

Sections: The Soviet Era and Perestroika Promises; Water Basin Tensions in Central Asia; The Impact of International Law and International Institutions; Conclusion

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