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The Revival of Private Law in Central and Eastern Europe
During the last years of its life the Soviet Union turned to law like a dying monarch to his withered God. Its successor, the Russian Federation, has adopted the same posture. In public discourse the phrases civil society and law-governed state have acquired hortatory force, the judges are bidden by law to wear robes, and the Congress and the Supreme Soviet enact and amend statutes with the fervor of one who sees in legislation the path to paradise. (Bernard Rudden, Civil Society and Civil Law, The Revival of Private Law in Central and Eastern Europe.) Somewhat less dramatically, perhaps, the picture is repeated throughout the rest of the post-communist constituency.
Investor Protection in the CIS
The book examines the legal regime for protection of company shareholders in the CIS. The focus is on important aspects of domestic legal reform in the twelve CIS countries, but also on the contribution of CIS model legislation to this process.
International and National Law in Russia and Eastern Europe
The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned. The major focus of the present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America, and Western Europe.
Moscow's Road to Nuremberg
Recent events in former Yugoslavia and Rwanda have revived diplomatic interest in measures contemplating concerted action directed at the suppression and punishment of war crimes. Indeed, steps have already been initiated to set up war crimes tribunals to prosecute those responsible for such atrocities. Not to be outdone, Yeltsin's Foreign Minister has also issued a call for public discussion of the idea of 'creating a system of international criminal justice with regard to crimes against peace and humanity, other international violations of the law.' The precedents of the Second World War in this venue thus seem relevant once again. Since the Soviet Union played a leading role in paving the...
Russia, Europe, and the Rule of Law
An international team of authors looks at the role law has played in the transformation of Russia and evaluates the legal achievements of the Putin administration against the background of Russia's changing relationship with Europe.
Building a Common Past
How did a kremlin, a fortified monastery or a wooden church in Russia become part of the heritage of the entire world? Corinne Geering traces the development of international cooperation in conservation since the 1960s, highlighting the role of experts and sites from the Soviet Union and later the Russian Federation in UNESCO and ICOMOS. Despite the ideological divide, the notion of world heritage gained momentum in the decades following World War II. Divergent interests at the local, national and international levels had to be negotiated when shaping the Soviet and Russian cultural heritage displayed to the world. The socialist discourse of world heritage was re-evaluated during perestroika and re-integrated as UNESCO World Heritage in a new state and international order in the 1990s.
Comparative Law in Eastern and Central Europe
Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of t...
