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4区社会学

Review of Central and East European Law Pub Date : 2023-03-28 DOI: 10.1163/15730352-48010000

引用次数: 0

The Unfolding Illiberalism in Hungary 在匈牙利展开的非自由主义

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-12-22 DOI: 10.1163/15730352-bja10071

Tímea Drinóczi

{"title":"The Unfolding Illiberalism in Hungary","authors":"Tímea Drinóczi","doi":"10.1163/15730352-bja10071","DOIUrl":"https://doi.org/10.1163/15730352-bja10071","url":null,"abstract":"\u0000The emerging literature on illiberalisms offers a framework for detecting whether or not a special Hungarian illiberalism has been unfolding. Over the last 12 years, Hungary’s former liberal constitutionalist nature has been changed to illiberal constitutionalism. This transformation of the constitutional system recently culminated with the fourth consecutive electoral victory of Viktor Orbán in April 2022. Nevertheless, the possible ideological nature of Orbán’s regime has been understudied so far. Drawing on some newly published literature on illiberalisms, I claim that changes in electoral law (2014), the revised approach to the relationship between EU law and domestic law (2016 and 2021), and identity rights (2013, 2019–2020), along with the preceding political narratives, can be viewed as seeds from which a special, state-driven illiberalism has been growing in Hungary. If it is so, it could be concluded that Hungarian illiberalism is based on and the result of two factors: i) the translation of illiberal speech into the language of the law, and ii) the creation of intertwined identities for the constitution, the state, and citizens, which are based on (ethno)nationalism, sovereigntism, traditionalism and heteronormativity against mainly EU obligations and Western values.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"244 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76884218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Civil Limitation Statutes and International Arbitration in Central Asia: not Business as Usual 中亚的民事诉讼时效法规与国际仲裁:并非一切照旧

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-12-22 DOI: 10.1163/15730352-bja10073

I. Bantekas

{"title":"Civil Limitation Statutes and International Arbitration in Central Asia: not Business as Usual","authors":"I. Bantekas","doi":"10.1163/15730352-bja10073","DOIUrl":"https://doi.org/10.1163/15730352-bja10073","url":null,"abstract":"\u0000It is generally agreed that statutory limitations applicable to civil proceedings have no place in international arbitration proceedings, unless these have been specifically accepted by the parties; are imposed by mandatory laws, or; otherwise compelled by public policy. In equal measure, the process and recognition of enforcement awards should not be subjected to any statutory limitations, as such limitations are absent in the New York Convention and generally excluded by reference to transnational legal instruments, such as the uncitral Model Law. Investor and commercial actors operating in Central Asia should be cautious when embroiled in disputes with state entities because of the latter tend to protract and delay negotiations in order to impose statutory limitations to claims. It is imperative that upon commencement of negotiations foreign entities take appropriate measures to ensure that their claim is not undergoing a ticking time-ban. This may be achieved by serving the other party with an official notice as to the commencement of negotiations and a statement that this is not a substitute of a civil suit or arbitral proceedings. Equally, one of the parties may trigger arbitral proceedings but ask the arbitrators to suspend all hearings until after the termination of negotiations.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"53 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90842297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Interplay between Ukraine’s Domestic Legislation on Conflict and Uncontrolled Territories and its Strategic Use of ‘Lawfare’ before Russia’s 2022 Invasion of Ukraine – A Troubled Nexus? 在俄罗斯2022年入侵乌克兰之前，乌克兰关于冲突和不受控制领土的国内立法与“法律战”的战略使用之间的相互作用——一个陷入困境的关系?

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-12-22 DOI: 10.1163/15730352-bja10070

M. Rabinovych

{"title":"The Interplay between Ukraine’s Domestic Legislation on Conflict and Uncontrolled Territories and its Strategic Use of ‘Lawfare’ before Russia’s 2022 Invasion of Ukraine – A Troubled Nexus?","authors":"M. Rabinovych","doi":"10.1163/15730352-bja10070","DOIUrl":"https://doi.org/10.1163/15730352-bja10070","url":null,"abstract":"\u0000Russia’s full-scale invasion of Ukraine on 24 February 2022 can be seen as a culmination of eight years of its aggression against Ukraine, including its annexation of Crimea in March 2014 and the control of the two ‘People’s Republics’ in Donbas. Before the invasion, the Ukrainian authorities had actively expressed their politico-legal stance on the conflict, using lawfare against the Russian Federation, e.g. at the European Court of Human Rights (ECtHR), the International Court of Justice (icj), and the International Tribunal of the Law of the Sea (itlos). In this context, the paper explores the interplay between Ukraine’s domestic legislation regarding the annexation of Crimea and Russia’s control of the People’s Republics in Donbas prior to the invasion, and Ukraine’s use of lawfare against Russia with a focus on policy and legal coherence. It is demonstrated that, while Ukraine’s lawfare strategy regarding Crimea had been in line with domestic legislation, Russia’s use of proxies in eastern Ukraine and the challenges of the Minsk peace process led to incoherence between Ukraine’s domestic laws and its use of lawfare. Though Russia’s 2022 invasion of Ukraine is a game-changer, both for Ukraine’s domestic legislation and its use of lawfare, the analysis contributes to an understanding of the nexus between domestic and international law in Ukraine prior to the invasion and explores the implications such a nexus will have for Ukraine’s future lawfare against Russia, including the most recent icj case relating to the interpretation, application, and fulfillment of the 1948 Genocide Convention.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"518 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77150896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Troubled Nexuses Between International and Domestic Law in the Post-Soviet Space 后苏联空间中国际法与国内法的复杂联系

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-12-22 DOI: 10.1163/15730352-47030001

Cindy Wittke, M. Rabinovych

引用次数: 0

International Law in Central Asia: Practices and Doctrines 中亚国际法:实践与理论

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-12-22 DOI: 10.1163/15730352-bja10072

S. Sayapin

{"title":"International Law in Central Asia: Practices and Doctrines","authors":"S. Sayapin","doi":"10.1163/15730352-bja10072","DOIUrl":"https://doi.org/10.1163/15730352-bja10072","url":null,"abstract":"\u0000Since their independence in 1991, the states of Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) have become increasingly important as regional and international actors. They have joined the United Nations (UN) as well as regional organizations, such as the Commonwealth of Independent States (cis), the Collective Security Treaty Organization (csto), the Shanghai Cooperation Organisation (sco), and the Eurasian Economic Union (eaeu). International law has played an important role in the processes of state-building and integration these countries have undergone, yet it has not always been consistently accepted as a policy tool and academic discipline. In particular, building a stable nexus between the practice of international law and academic research on the subject remains a challenge. This article provides an overview of Central Asian practices and doctrines of international law with a focus on international peace and security, international organizations, international environmental law, human rights, international humanitarian and criminal law, and international investment arbitration. It concludes with recommendations for more successful promotion and implementation of international law in the region.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"98 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85326156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

‘Shaming’ the Court: Ukraine’s Constitutional Court and the Politics of Constitutional Law in the Post-Euromaidan Era “羞辱”法院:乌克兰宪法法院和后亲欧盟时代的宪法政治

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-12-22 DOI: 10.1163/15730352-bja10069

Andrii Nekoliak

{"title":"‘Shaming’ the Court: Ukraine’s Constitutional Court and the Politics of Constitutional Law in the Post-Euromaidan Era","authors":"Andrii Nekoliak","doi":"10.1163/15730352-bja10069","DOIUrl":"https://doi.org/10.1163/15730352-bja10069","url":null,"abstract":"\u0000Since the Euromaidan events of 2014, Ukraine has embarked on a reformist trajectory to ‘Europeanize’ the country and deliver the promise of good governance to its citizens. The series of legislative and public policy reforms that followed had financial and ideological support from Ukraine’s Western partners. To date, studies have focused on documenting and analyzing the course of international donors’ involvement in Ukraine’s reforms. What is lacking, however, is an analysis of the many different domestic responses to external pressure from donors to implement reforms. Examining Ukraine’s Constitutional Court case law on judicial self-government and anti-corruption from 2020, this article examines this court’s legal response to the politics of reform led by international donors and domestic actors in Ukraine. It reveals the problematic nature of constitutional decision-making in a country that has recently been facing considerable pressure from political incumbents and civil society. The article identifies a pattern that characterizes the political process (a ‘troubled nexus’) around the reforms in Ukraine and draws a parallel between Ukrainian developments and the situation in Moldova and Georgia, two countries that have been confronted with similar reform challenges since the enactment of the respective Association Agreements with the EU in 2016.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"51 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85319812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Rights Consciousness in Hungary and Some Comparative Remarks. Could an Increasing Level of Rights Consciousness Challenge the Autocratic Tradition? 匈牙利的权利意识及其比较评述。日益增强的权利意识能否挑战专制传统?

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-06-28 DOI: 10.1163/15730352-bja10066

B. Fekete, A. Bartha, Gyorgy Gajduschek, Fruzsina Gulya

引用次数: 2

The Russian Approach to the Permissibility of Examining Jurors in the Light of Foreign Law: Reflecting on the Arguments of the Russian Constitutional Court 外国法律视野下的俄罗斯陪审员可容性探析——对俄罗斯宪法法院论据的反思

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-06-28 DOI: 10.1163/15730352-bja10065

A. Chirninov

引用次数: 0

Backsliding into Judicial Oligarchy? The Cautionary Tale of Georgia’s Failed Judicial Reforms, Informal Judicial Networks and Limited Access to Leadership Positions 退回到司法寡头?格鲁吉亚失败的司法改革、非正式的司法网络和获得领导职位的机会有限的警示故事

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2022-06-28 DOI: 10.1163/15730352-bja10067

N. Tsereteli

{"title":"Backsliding into Judicial Oligarchy? The Cautionary Tale of Georgia’s Failed Judicial Reforms, Informal Judicial Networks and Limited Access to Leadership Positions","authors":"N. Tsereteli","doi":"10.1163/15730352-bja10067","DOIUrl":"https://doi.org/10.1163/15730352-bja10067","url":null,"abstract":"\u0000 This article investigates the formal and informal factors behind the persistence of judicial oligarchies in post-communist countries despite large-scale reforms. This case study on Georgia reveals that formal positions of power in these judiciaries can be monopolized by a close-knit group, with a handful of influential judges (i.e. judicial oligarchs) at the top of its hierarchical structure. Drawing on in-depth interviews with sitting as well as former judges and other stakeholders of reform processes, the article attributes the failure to dismantle the rule of judicial oligarchs at least partly to legislative flaws and loopholes. More importantly, it warns about the reliance of judicial oligarchs on informal rules and practices to undermine formal rules and procedures meant to facilitate the meaningful participation of all judges in governing the judiciary. It uncovers informal mechanisms allowing the network of powerful judges to suppress the emergence of competing judicial networks and cement itself into leadership positions. Finally, the article reflects on the implications of these findings for designing and implementing judicial reforms in Georgia and beyond.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"69 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72799183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0