Full Description
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 Mullerson, Professor in International Law at King's College.
Contents
Part IDomestic Law. Introduction; Sir Franklin Berman. 1. Some Reflections on the Relationship between International and National Law in the Light of New Constitutions; V.S. Vereshchetin. 2. International Law and Polish Domestic Law: the Search for Practical Solutions; W. Czaplinski. 3. Constitutional Developments in Ukraine; W. Timmermans. 4. Reference to International Law in the Decided Cases of the First Russian Constitutional Court; J. Henderson. Part II: The Role of Constitutional Courts. Introduction; Sir Basil Hall. 5. Three Years at the Constitutional Court of Hungary in Practice (1990-1993). A Personal Account; G. Herczegh. 6. Constitutional Review in Estonia - the Constitutional Scheme, Practice and Evaluation; R. Maruste, H. Schneider. 7. The First Russian Constitutional Court: Hopes and Aspirations; J. Henderson. 8. Mechanisms for Redress of Citizens' Grievances in Russia; J. McGregor. 9. The Soviet Experiment with Constitutional Control: The Predictable Failure of the USSR Constitutional Supervision Committee; J. Middleton. Part III: International Human Rights Standards and New Constitutions. Introduction; M. Andenas. 10. Minority Rights in Central and Eastern Europe; I. Pogany. 11. The Dayton Constitution of Bosnia and Herzegovina -- A Critical Appraisal of its Human Rights Provisions; Z. Pajic. 12. The Internationalisation of Children's Constitutional Rights in Central and Eastern Europe; G. Van Bueren. 13. Righting Wrongs in Eastern Europe: Interference with Property Rights in the Immediate Postwar Period; I. Pogany. 14. Sergei Kovalyov: The First Russian Human Rights Ombudsman - and the Last? W. Bowring. Part IV: Treaty-Making Under New Constitutions. Introduction; Sir Franklin Berman. 15. The Russian Treaty Law and the Vienna Convention on Treaties; M. Fitzmaurice, M. Andenas. 16. The New Federal Law on International Treaties of the Russian Federation; S. Pounjine. 17. International Treaties in the Czech Republic: Unresolved Division of Labour between the Parliament and the Constitutional Court; J. Malenovsky. 18. The Law on Treaties of the Kazakh and the Uzbek Republic; W. Butler. Appendices: 1-3 Russian, kazakh and Uzbek Treaty Laws.
