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Moving from the adoption of the "post-Stalin" Constitution of 1977 through its subsequent implementation under Brezhnev, Andropov, and Chernenko to the radical legal "restructuring" of the Gorbachev years, Robert Sharlet traces the gradual evolution of a nascent constitutionalism in the erstwhile USSR. Sharlet, a noted authority on Soviet law and constitutional development, demonstrates the gradual transformation of law from an instrument of Communist Party rule into the new "rules of the game" for nonauthoritarian political development. In effect, he argues, one of Gorbachev's most durable achievements may be his redefinition of Soviet politics into a legal idiom along with his relocation of policymaking from behind the closed doors of Party conclaves into the more open, emergent arena of constitutional government. In analyzing the politics of law from the Brezhnev era to the rise of Yeltsin, the author takes account of the "war of laws", the symbolic uses of the Soviet constitution, and even the fact that the leaders of the failed coup attempted to justify their seizure of power on constitutional grounds. Constitutionalism has sufficiently suffused Soviet public life, the book concludes, that most of the sovereign republics as successors to the former USSR, have begun designing their futures - to varying degrees - in constitutional forms.
An examination of the effort to create a "law-based" state in the Gorbachev-era USSR, thus effecting a fundamental change in the relationship between the state and private groups and individuals. Social, historical, conceptual, and institutional aspects of legal development are discussed.
First Published in 1996. This ambitious ten-volume series develops a comprehensive analysis of the evolving world role of the post-Soviet successor states. Each volume considers a different factor influencing the relationship between internal politics and international relations in Russia and in the western and southern tiers of newly independent states. The contributors were chosen not only for their recognized expertise but also to ensure a stimulating diversity of perspectives and a dynamic mix of approaches. This book is the fifth in a projected series of ten volumes produced by the Russian Littoral Project.
This volume provides a complete and authoritative English translation of Parts I, II, and III of the Russian Civil Code, which entered into force in complete form in March 2002. The Civil Code is the central document of market reforms in Russia, dealing with the law of persons (including companies), ownership, contract in all forms, tort, unjust enrichment, inheritance, and private international law. It has been translated from the Russian by Professor Butler, an acknowledged expert in the field, and benefits from a detailed article-by-article table of contents, a thorough subject-index to the Code, and a Russian-English glossary of civil law terms.
Migration in Eastern Europe and Central Asia is relatively large by international standards, driven both by political factors (the 1990 collapse of the Soviet system, ensuing emergence of conflicts and new states, and opening of borders with Europe) and economic factors (abrupt economic deterioration and corresponding search for better employment and living conditions). The report anlayzes the different kinds of migration as well as the policies on both sides of the equation to limit negative side effects (like emargination, criminal activities, and brain drain) and maximize positive ones (increased labor pool for services, remittances, return migration with improved human and financial capital).
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.