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Constitutional Reforms and International Law in Central and Eastern Europe

Author: Rejn Avovič Müllerson

Publisher: Martinus Nijhoff Publishers

Published: 1998

Total Pages: 376

ISBN-13: 9789041105264

The recent developments in central and eastern Europe have changed the political landscape of the world. The dissolution of the Soviet Union, Czechoslovakia and Yugoslavia, the collapse of Communism in Europe, market reforms, and the processes of democratisation are all seminal events affecting not only the countries in transition but other states as well. All these changes presuppose fundamental legal reforms. In this process most of the countries in transition have adopted new constitutions where issues of participation in the international political order and questions of international law enjoy a prominent place. This book is one outcome of many research activities concerning these transitions in central and eastern Europe at the Centre of European Law, King's College London. It contains essays about constitutional reforms and international law by leading international judges and academics. It is edited by Mads Andenas, Director of the Centre of European Law at King's College London, Malgosia Fitzmaurice, Reader in International Law at Queen Mary and Westfield College, London, and Rein Müllerson, Professor in International Law at King's College.

EU Enlargement and the Constitutions of Central and Eastern Europe

Author: Anneli Albi

Publisher: Cambridge University Press

Published: 2005-06-30

Total Pages: 304

ISBN-13: 9781139446150

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In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

Consolidating Legal Reform in Central and Eastern Europe

Author: Anders Fogelklou

Publisher:

Published: 2003

Total Pages: 332

ISBN-13:

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"Fundamental legal changes have occurred in post-Communist countries after 1989. This period of legal transition is now approaching its end. This book is an attempt to give an overview of the legal transformation that has taken place in Central and Eastern Europe. The book describes changes in the legal systems of all future members of the European Union from Central and Eastern Europe. In addition, the problems of legal transition in the Russian Federation are also treated in this book. While emphasis is focused on the constitutional conditions for the emergence of the rule of law in Central and Eastern Europe, other aspects of the law have also been discussed."

Law, Culture and Identity in Central and Eastern Europe

Author: Cosmin Cercel

Publisher: Taylor & Francis

Published: 2023-12-01

Total Pages: 375

ISBN-13: 1003812953

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Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.

Constitutional Politics in Central and Eastern Europe

Author: Anna Fruhstorfer

Publisher: Springer

Published: 2016-10-12

Total Pages: 576

ISBN-13: 3658137622

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The contributions to this edited volume discuss constitutional politics in 20 Central and Eastern European countries. The country chapters describe all constitutional amendments and new constitutions after the first post-communist constitution-making, all failed amendment attempts, and the political discourses about constitutional politics. Framed by a broad comparative chapter, the country studies are embedded in the established literature on constitutional politics. The book thus provides a better understanding of constitutional politics in the region and beyond.

Constitutional Evolution in Central and Eastern Europe

Author: Alexander H.E. Morawa

Publisher: Routledge

Published: 2016-12-14

Total Pages: 296

ISBN-13: 131716170X

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This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.

International and National Law in Russia and Eastern Europe

Author: Ferdinand J.M. Feldbrugge

Publisher: BRILL

Published: 2021-11-22

Total Pages: 489

ISBN-13: 9004480765

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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.

International Law, Rights and Politics

Author: Rein Mullerson

Publisher: Routledge

Published: 2005-08-04

Total Pages: 264

ISBN-13: 1134843186

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Rein Mullerson was Deputy Foreign Minister of Estonia during the country's independence struggles and is a distinguished professor of international relations. His book is concerned with the interplay of international law and politics in the changing international system. He analyses events in Eastern Europe and the former USSR to throw light on broad and controversial issues including non-use of force, non-interference in internal affairs, self-determination of peoples, minorities and nationalism in inter-ethnic conflicts and human rights in post-totalitarian societies. Controversial questions of continuity and succession of states and their recognition are also set in this context. One purpose of the book is to show how recent developments influence the international system as a whole and how international law has to change in order to respond to new challenges.

Central and Eastern Europe After Transition

Author: Wojciech Sadurski

Publisher: Routledge

Published: 2016-04-08

Total Pages: 378

ISBN-13: 1317168992

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How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.

East European Faces of Law and Society: Values and Practices

Author: William B. Simons

Publisher: Martinus Nijhoff Publishers

Published: 2014-10-09

Total Pages: 380

ISBN-13: 9004285229

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This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the ''East'" as well as from the ''West'' - are supported by survey data, literature, legislation, and court practice in the region and abroad.