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This book is an unconventional reappraisal of Soviet law: a field that is ripe for re-evaluation, now that it is clear of Cold War cobwebs; and, as this book shows, one that is surprisingly topical and newly compelling. Scott Newton argues here that the Soviet order was a work of law. Drawing on a wide range of sources – including Russian-language Soviet statues and regulations, jurisprudence, legal theory, and English-language ‘legal Kremlinology’ – this book analyses the central significance of law in the design and operation of Soviet economic, political, and social institutions. In arguing that it was an exemplary, rather than aberrant, case of the uses to which law was put in twentieth-century industrialised societies, Law and the Making of the Soviet World: The Red Demiurge provides an insightful account of both the significance of modern law in the Soviet case and the significance of the Soviet case for modern law.
The Nuremberg Trials (IMT), most notable for their aim to bring perpetrators of Nazi war crimes to justice in the wake of World War II, paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this new history of the trials, a central part of the story has been ignored or forgotten: the critical role the Soviet Union played in making them happen in the first place. While there were practical reasons for this omission--until recently, critical Soviet documents about Nuremberg were buried in the former Soviet archives, and even Russian researchers had limited access--Hirsch shows that there were political reasons as well. The Soviet Union was regarded by its wartime Allies not just as a fellow victor but a rival, and it was not in the interests of the Western powers to highlight the Soviet contribution to postwar justice. Stalin's Show Trials of the 1930s had both provided a model for Nuremberg and made a mockery of it, undermining any pretense of fairness and justice. Further complicating matters was the fact that the Soviets had allied with the Nazis before being invaded by them. The Molotov-Ribbentrop Pact of 1939 hung over the courtroom, as did the fact that the everyone knew that the Soviet prosecution had presented the court with falsified evidence about the Katyn massacre of Polish officers, attempting to pin one of their own major war crimes on the Nazis. For lead American prosecutor Robert Jackson and his colleagues, focusing too much on the Soviet role in the trials threatened the overall credibility of the IMT and possibly even the collective memory of the war. Soviet Justice at Nuremberg illuminates the ironies of Stalin's henchmen presiding in moral judgment over the Nazis. In effect, the Nazis had learned mass-suppression and mass-murder techniques from the Soviets, their former allies, and now the latter were judging them for crimes they had themselves committed. Yet the Soviets had borne the brunt of the fighting--and the losses--in World War II, and this gave them undeniable authority. Moreover, Soviet jurists were the first to conceive of a legal framework for viewing war as a crime, and without that framework the IMT would have had no basis. In short, there would be no denying their place at the tribunal, nor their determination to make the most of it. Illuminating the shifting relationships between the four countries involved (the U.S., Great Britain, France, and the U.S.S.R.) Hirsch's book shows how each was not just facing off against the Nazi defendants, but against each other and offers a new history of Nuremberg.
Soviet Women in Combat explores the unprecedented historical phenomenon of Soviet young women's en masse volunteering for World War II combat in 1941 and writes it into the twentieth-century history of women, war, and violence. The book narrates a story about a cohort of Soviet young women who came to think about themselves as "women soldiers" in Stalinist Russia in the 1930s and who shared modern combat, its machines, and commanding positions with men on the Eastern front between 1941 and 1945. The author asks how a largely patriarchal society with traditional gender values such as Stalinist Russia in the 1930s managed to merge notions of violence and womanhood into a first conceivable and then realizable agenda for the cohort of young female volunteers and for its armed forces. Pursuing the question, Krylova's approach and research reveals a more complex conception of gender identities.
This is the first book to examine in detail the relationship between the Cold War and International Law.
‘The United States, the Soviet Union and the Geopolitical Implications of the Origins of the Cold War, 1945–1949’ describes how the United States and the Soviet Union deployed their hard and soft power resources to create the basis for the institutionalization of the international order in the aftermath of World War Two. The book argues that the origins of the Cold War should not be seen from the perspective of a magnified spectrum of conflict but should be regarded as a process by which the superpowers attempted to forge a normative framework capable of sustaining their geopolitical needs and interests in the post-war scenario. ‘The United States, the Soviet Union and the Geopolitical Implications of the Origins of the Cold War, 1945–1949’ examines how the use of ideology and the instrument of political intervention in the spheres of influence managed by the superpowers were conducive to the establishment of a stable international order. It postulates that the element of conflict present in the early period of the Cold War served to demarcate the scope of manoeuvring available to each of the superpowers and studies the notion that the United States and the Soviet Union were primarily interested in establishing the conditions for the accomplishment of their vital geostrategic interests. This required the implementation of social norms imposed in the respective spheres of influence, a factor that provided certainty to the spectrum of interstate relations after the period of turmoil that culminated with the onset of World War Two.
Drawing on declassified material from Stalin’s personal archive, this is the first systematic attempt to analyze how Stalin saw his world—both the Soviet system he was trying to build and its wider international context. Stalin rarely left his offices and viewed the world largely through the prism of verbal and written reports, meetings, articles, letters, and books. Analyzing these materials, Sarah Davies and James Harris provide a new understanding of Stalin’s thought process and leadership style and explore not only his perceptions and misperceptions of the world but the consequences of these perceptions and misperceptions.
Leon Aron considers the “mystery of the Soviet collapse” and finds answers in the intellectual and moral self-scrutiny of glasnost that brought about a profound shift in values. Reviewing the entire output of the key glasnost outlets in 1987-1991, he elucidates and documents key themes in this national soul-searching and the “ultimate” questions that sparked moral awakening of a great nation: “Who are we? How do we live honorably? What is a dignified relationship between man and state? How do we atone for the moral breakdown of Stalinism?” Contributing both to the theory of revolutions and history of ideas, Aron presents a thorough and original narrative about new ideas’ dissemination through the various media of the former Soviet Union. Aron shows how, reaching every corner of the nation, these ideas destroyed the moral foundation of the Soviet state, de-legitimized it and made its collapse inevitable.
Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.