Archive for the ‘Journal Article’ Category.
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
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
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. “The Russian Experience of Reforming Nomadic Courts According to Adat in Turkestan, 1850-1900.” Journal of Legal Pluralism and Unofficial Law 52 (2006): 31-40.
Sections: Codification, Reform, Results
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
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
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
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
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
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
Feldbrugge, F. J. M. “Criminal Law and Traditional Society: The Role of Soviet Law in the Integration of Non-Slavic Peoples.” Review of Socialist Law 3 (1977): 3-51.
Sections: Introduction; Before 1917; Тhе Soviet approach; What types of conduct are singled out?; Тhе legislative implementation of Soviet policies; Some statistical data; Тhе legal provisions concerning traditional crime; Postscript оn the post-war situation; Notes
Feldbrugge, F. J. M. “Criminal Law and Traditional Society: The Role of Soviet Law in the Integration of Non-Slavic Peoples.” Review of Socialist Law 3 (1977): 3-51.
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
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
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
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
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
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.
Massell, Gregory J. “Law as an Instrument of Revolutionary Change in a Traditional Milieu: The Case of Soviet Central Asia.” Law and Society Review 2, no. 2 (1968): 179-228.
Sections: The Quest for Revolutionary Access and Influence in a Traditional Milieu, Revolutionary Legalism and Social Engineering: The uses and Limits of Superimposed Rules
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
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
Merrell, David E. “Islam and Dispute Resolution in Central Asia: The Case of Women Muslim Leaders.” New Middle Eastern Studies (2011), http://www.brismes.ac.uk/nmes/.
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;
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
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
Podaprigora, Roman. “Religion in Kazakhstan: A General View.” Brigham Young University Law Review (1999): 581-88.
Sections: Introduction; Shortcomings in the Legal Foundation; Conclusion
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
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. “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
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
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
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