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, John. “Constitutional Development in Central Asia.” Central Asian Survey 16, no. 3 (1997): 301-20.

Sections: Constitutional development, 1992-94; Constitutional reassessment and the extension of presidential power, 1994-96; 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.

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

Beyer, Judith. “Imagining the State in Rural Kyrgyzstan: How Perceptions of the State Create Customary Law in the Kyrgyz Aksakal Courts.” Max Planck Institute for Social Anthropology Working Papers 95 (2007).

Sections: Introduction; Studying the State through its Local Imaginations; Imagining the State through Visiting State Officials, the Media and Memories; The Introduction of the Kyrgyz Aksakal Courts; “There is this Law …”: imagining the state in aksakal court sessions; Conclusion

Beyer, Judith. “Revitalisation, Invention and Continued Existence of the Kyrgyz Aksakal Courts: Listening to Pluralistic Accounts of History.” Journal of Legal Pluralism and Unofficial Law 53 (2006): 141.

Sections: Introduction, Official Discourses on the Historical Development of the aksakal Courts, Historical Data on the Development of the aksakal Courts, Local Discourses on the Historical Development of the Institution, Conclusion

Blitt, Robert C., and W. Cole Durham. “Analysis of the Republic of Tajikistan’s Draft Law ‘About Freedom of Conscience and Religious Unions’.” University of Tennessee Legal Studies Research Paper 26 (2008).

Sections: Overview; Positive Aspects of the Draft Law; Article-by-Article Analysis of the Draft Law

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

Clouatre, Douglas. “Tajikistan.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, edited by Herbert M. Kritzer, 1592-97. Santa Barbara, CA: ABC-CLIO, 2002.

Sections: Country Information, History, Independence and Civil War, Tajikistan Government and Judiciary, Supreme and Constitutional Courts, Legal Structure of Tajikistan Courts, Economic Courts, Personal and Individual Rights, Privatization Law, Criminal Code, Legal Training, Impact of the Law

Clouatre, Douglas. “Turkmenistan.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, edited by Herbert M. Kritzer, 1663-69. Santa Barbara, CA: ABC-CLIO, 2002.

Sections: Country Information, History, Turkmenistan Government and Judiciary, Legal Structure of Turkmenistan Courts, Privatization Law, Individual Rights in Turkmenistan, Legal Training, Impact of the Law

Cormier, Kelley E. “Grievance Practices in Post-Soviet Kyrgyz Agriculture.” Law & Social Inquiry 32, no. 2 (2007): 435-66.

Sections: Introduction; The Sociolegal Nexus and Institutional Change; Conceptual Approach: Naming, Claiming, and Blaming in Kyrgyz Agriculture; Methods; Background; Reasons for Grievances in Commercial Disputes; Resolutions of Grievances in Commercial Disputes; Transformation of Disputes as a Reflection of a New Legal Consciousness; The Influence of Ideology on Commercial Transactions; The Constituted Nature of Beliefs and Disputes; Conclusion; Referrences

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

Epkenhans, Tim. “Regulating Religion in Post-Soviet Central Asia: Some Remarks on Religious Association Law and ‘Official’ Islamic Institutions in Tajikistan.” Security and Human Rights 1 (2009): 94-99.

Sections: Introduction; Control of and interference in religious affairs: The Soviet legacy; From the qaziyyat to the High Council of ‘Ulama’; The Religious Association Law in Tajikistan; Conclusion

Epkenhans, Tim. “Muslims without Learning Clergy without Faith: Institutions of Islamic Learning in the Republic of Tajikistan.” In Islamic Education in the Soviet Union and Its Successor States, edited by Michael Kemper, Raoul Motika and Stefan Reichmuth, 313-48. New York: Routledge, 2010.

Sections: Introduction, State of research and literature, Islam in pre-Soviet Tajikistan, Islam in Soviet Tajikistan, “Official” Islam, “Parallel” Islam, Independence and Civil War, The early Islamic Revival Party of Tajikistan, Islam and the state in Tajikistan since 1997, Legal and policy framework, The Law on Religion and its implementation, Official Islamic institutions in Tajikistan, The Islamic centre and the High Council of’Ulama’ of Tajikistan, Mosques, Madrasas, Education, The Islamic University in Dushanbe, Islamic manuals and textbooks, Islamic law and traditional customs, Sufism, Ziyarat and hajj, The Islamic Revival Party after the Peace Accord of 1997, Charter and agenda of the IRPT, The IRPT after Nuri, Hizb al-Tahrir al-Islami in Tajikistan, Challenges in the future

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

Gemalmaz, M. S. “Structure and Authority of the Judiciary within the Legal Order of the Tajikistan Republic.” Tilburg Foreign Law Review 7, no. 4 (1999): 307-46.

Sections: Introduction, 1 Establishment of the Courts, 2 The Composition of the Courts, 3 The Judges, 5 Protection of the Judges, 6 General Evaluation of the Present System, 7 Rights of Individuals Subjected to Exercise of Judicial Power,

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

Hickson, Jill E. “Using Law to Create National Identity: The Course to Democracy in Tajikistan.” Texas International Law Journal 38 (2003): 347-80.

Sections: Introduction; National Identity; The Tajiks and the Republic of Tajikistan: National Identity in Historic Perspective; Creating a New National Identity in Tajikistan; Barriers to Creating a New National Identity in Tajikistan; 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

Huskey, Eugene, and Gulnara Iskakova. “Kyrgyzstan.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, edited by Herbert M. Kritzer, 837-42. Santa Barbara, CA: ABC-CLIO, 2002.

Sections: General Information, History and Legal Concepts, Current Structure, Legal Structure of Kyrgyzstan Courts, Specialized Judicial Bodies, Staffing, Impact

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

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;

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. “The Post-Tulip Revolution Moment of Constitutional Reform: Will Kyrgyzstan Ever Get a Good Tsar?”, University of Washington Ghallager Law Library, 2009.

Sections: Not All Kyrgyz Citizens Desire Liberal Democracy; Some Desire a Good Tsar; The Tulip “Revolution” did not Bring a Good Tsar and the Post-Revolution Constitutional Reform Efforts did not Bring Liberal Democracy; Whether in the Form of a Good Tsar or Liberal Democracy, Good Governance Takes Time; In the meantime, Merit-Based Education Should Be Supported;

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

“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

Merrell, David E. “Kyrgyzstan’s Constitution and Islam.” In Oxford Islamic Studies Online, edited by John L. Esposito. New York: Oxford University Press, forthcoming Spring 2012.

Merrell, David E. “Tajikistan’s Constitution and Islam.” In Oxford Islamic Studies Online, edited by John L. Esposito. New York: Oxford University Press, forthcoming Spring 2012.

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

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

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

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;

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

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. “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

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

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.”

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

Johnson, Wallace, and Irina F. Popova, eds. Central Asian Law: An Historical Overview: A Festschrift for the Ninetieth Birthday of Herbert Franke, Society for Central Asian Legal History, Monograph Series. Lawrence, KS: Society for Asian Legal History, the Hall Center for the Humanities, the University of Kansas, 2004.

Sections
1. Some Reflections on Multinationality: The Example of Former Empires in East Asia, Herbert Franke
2. Customary Law in the Ancient Turkic States of Central Asia: the Legal Documents and Practical Regulations, S. G. Klyashtomyi
3. The Administrative and Legal Regulations of the Tang Emperors for the Frontier Territories, Irina F. Popova
4. Muslim Law in Central Asia, Ashirbek Muminov
5. Eighteen Steppe Laws - A Source for the Study of Medieval Mongolian, Alexei Nasilov
6. Customary Law in Waigal Valley, Eastern Afghanistan, Schuyler Jones
7. Disputes over Land-use in Qing Outer Mongolia Some Remarkson a Legal Question from an Historian’s Point of View, Veronika Veit
8. Communist and Post-Communist Mongolian Law and Pasture Land, Morris Rossabi
9. Some Characteristics of Penal Legislation among the Mongols, (13^th – 21^st Centuries), Francoise Aubin
10. From Colonization to Bolshevization: Some Political and Legislative Aspects of Molding a “Soviet Islam” in Central Asia, Bakhtiyar M. Babadjanov
11. Law and custom among the Uyghur in Xinjiang, Ildiko Beller-Hann
12. Constitutional regimes and clan politics in Central Asia, Janna Khegai
13. Islam and Universalism in Family Law: A Comparative Study of the Contemporary Iranian and Turkish Civil Codes, Hisae Nakanishi
14. Public Discussion on the ‘State of Law’ and Contemporary Political Regimes in Central Asia and the Southern Caucasus, Irina Morozova
15. Parliamentary Law-Making in Central Asia: Apparent Authority Meets Political Reality, Claire Weber