The Political Economy of Central Asian Law PDF Download

Author: Rustamjon Urinboyev
Publisher: Springer Nature
ISBN: 3031553411
Category :
Languages : en
Pages : 362

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Author:
Publisher:
ISBN: 9789172674295
Category :
Languages : en
Pages :

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This research report is a compilation of essays written by guest researchers from Central Asia who spent four to twelve months at the Department of Sociology of Law, Lund University, and conducted research on various topics pertaining to legal cultures, governance and business environments in Central Asia. These guest research stays (secondments) t.

Author: Mahabat Sadyrbek
Publisher: Routledge
ISBN: 1351375482
Category : Social Science
Languages : en
Pages : 417

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Book Description
Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.

Author: Sergey Sayapin
Publisher: Hart Publishing
ISBN: 1509935495
Category : Law
Languages : en
Pages : 0

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Book Description
This book offers a comprehensive overview of international law in the light of contemporary challenges facing Central Asian States. The Central Asian States (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan) are increasingly gaining in significance as international players. During the Soviet period, they were only nominally sovereign States but since 1991, they became full-fledged members of the international community, and have, ever since, been constructing their respective schools of international law. Unresolved border disputes, regional migration, drug trafficking, human trafficking, disputes over water, the rise of terrorism are just a few challenges, which require Central Asian States ́ cooperation among themselves, and with other States. The competing interests of especially China, Russia, the United States, and the European Union in the region are adding to the complex mosaic of regional dynamics. This study shows the relevance and utility of international law in resolving those issues, in the interdisciplinary context of international relations, international institutions, and sociology of law. From a pedagogical perspective, the book identifies challenges to teaching international law in Central Asia, including curricular issues, independence of higher education institutions, language issues, influence of various foreign schools of international law doctrine, etc., and explores ways to integrate the Central Asian schools of international law in a broader Asian and international picture.

Author: Wallace Stephen Johnson
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 318

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Author: Scott Newton
Publisher: Bloomsbury Publishing
ISBN: 1509909478
Category : Law
Languages : en
Pages : 365

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This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.

Author: Kiran Nasir Gore
Publisher: Kluwer Law International B.V.
ISBN: 9403546018
Category : Law
Languages : en
Pages : 465

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Book Description
The five Central Asian States – Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan – collectively present a unique case study for the nexus between international investment frameworks, investor-State dispute settlement (ISDS) and the future of this field. In this groundbreaking book, the editors have curated contributions from globally renowned practitioners and scholars to provide the first comprehensive overview of experiences and lessons arising from the region. This book draws upon the Central Asian experience with international investment law and ISDS to develop globally relevant insights and analyses on, among other topics: approaches to foreign direct investment and domestic investment legislation; jurisdictional questions arising in investment treaty arbitration, such as the notion of ‘investor’ and the definition of ‘investment’; the interpretation of investment treaties and the role of international and domestic law; substantive and procedural rights of foreign investors, with a focus on guarantees against expropriation and most-favoured nation and fair and equitable treatment standards; arbitral awards, as well as grounds and procedures for their enforcement and annulment; the state-of-play for allegations of corruption and fraud once a dispute has arisen; and emerging challenges and opportunities in light of ongoing reform initiatives. This book establishes that the Central Asian experience should be taken into consideration in any comprehensive and robust discussion on the future of international investment law and ISDS. It provides useful analyses of how these frameworks may be improved, reformed and remain fit for purpose. This book is an essential tool that allows practitioners, arbitrators, policymakers and scholars to confidently engage with the substantive and procedural challenges and opportunities that are anticipated in the next generation of investor-State disputes.

Author: Janos Jany
Publisher: Springer Nature
ISBN: 3030437280
Category : Law
Languages : en
Pages : 492

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Book Description
This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Author: Necati Polat
Publisher: BRILL
ISBN: 9004480501
Category : Law
Languages : en
Pages : 296

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Book Description
Boundary Issues in Central Asia provides detailed answers to: What was the legal framework within which the new states of Central Asia attained statehood? How did the administrative divisions of the former Soviet Union evolve, almost over night, into inter-state frontiers, and on what legal basis? Are Central Asian states content with the post-independence border arrangements? What outstanding border issues with states adjacent to the former Soviet Central Asia were inherited by Central Asian states from the USSR, the predecessor state? What became, in particular, of the perennial border disputes of the predecessor state with China? What border issues with the latter have since been settled by Central Asian states and what issues are pending resolution? as well as to a host of other boundary-related questions, such as the minority, self-determination and ethno-border issues, with significant bearings on the stability of the existing territorial arrangements, the legal regimes for the use of transboundary watercourses in the region, including the dispute over the legal status of the Caspian Sea with its vast hydrocarbon resources. Published under the Transnational Publishers imprint.

Author: Judith Beyer
Publisher: University of Pittsburgh Press
ISBN: 0822981548
Category : Social Science
Languages : en
Pages : 222

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Book Description
Judith Beyer presents a finely textured ethnographic study that sheds new light on the legal and moral ordering of everyday life in northwestern Kyrgyzstan. Through her extensive fieldwork, Beyer captures the thoughts and voices of local people in two villages, Aral and Engels, and combines these with firsthand observations to create an original ethnography. Beyer shows how local Kyrgyz negotiate proper behavior and regulate disputes by invoking custom, known to the locals as salt. While salt is presented as age-old tradition, its invocation needs to be understood as a highly developed and flexible rhetorical strategy that people adapt to suit the political, legal, economic, and religious environments. Officially, codified state law should take precedence when it comes to dispute resolution, yet the unwritten laws of salt and the increasing importance of Islamic law provide the standards for ordering everyday life. As Beyer further reveals, interpretations of both Islamic and state law are also intrinsically linked to salt. By interweaving case studies on kinship, legal negotiations, festive events, mourning rituals, and political and business dealings, Beyer shows how salt is the binding element in rural Kyrgyz social life, used to explain and negotiate moral behavior and to postulate communal identity. In this way, salt provides a time-tested, sustainable source of authentication that defies changes in government and the tides of religious movements. Beyer's ground-level analysis provides a broad base of knowledge that will be valuable for students and researchers of contemporary Central Asia.