State and Legal Practice in the Caucasus


Book Description

Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters. The volume will be a valuable resource for legal and political anthropologists, ethnohistorians and researchers and academics working in the areas of post-socialism and post-colonialism.




Counsel in the Caucasus: Professionalization and Law in Georgia


Book Description

This book traces the development of the rule of law in Georgia since its independence and speculates on its future direction. It does so by focusing on changes in the legal profession after 1991. Intriguingly, the book, which is based on extensive field-work, concludes that culture and informal regulation are key to understanding how Georgian lawyers are governed, or rather govern themselves. Indeed, for several years after independence from the Soviet Union there was no functioning law on attorneys; informal regulation, based on the importance of reputation and networks, was the only sort of regulation. Other topics addressed in the book include Georgia's legal history, its current human rights situation, theories of professionalization, and the link between law and development. The book also compares the Georgian experience to that country's South Caucasian neighbors - Armenia and Azerbaijan - thus rounding the book out as a regional study.




The State of Law in the South Caucasus


Book Description

This book evaluates the strength of the rule of law in the South Caucasus, a volatile and strategically important region of the former Soviet Union. Contributors - all of whom who have lived and worked in Armenia, Azerbaijan or Georgia - tackle this question from the perspectives of both law and politics. A wide range of specific issues are addressed, including corruption in the justice system, forced migration, telecommunications and environmental protection.







Cultural Encounters and Emergent Practices in Conflict Resolution Capacity-Building


Book Description

“Undoubtedly the most comprehensive analysis of the role of culture and emergent practices in capacity building currently at hand. d’Estrée and Parsons have produced a commendable amalgamation and scrutiny of local, cultural, and Indigenous mediation practices in a number of contexts that empower local people while interacting and integrating with Western mediation models in a blend of hybridity. The book is beautifully structured and will attract a wide readership including graduate and undergraduate students.” —Sean Byrne, Director, Arthur V. Mauro Centre for Peace & Justice, and Professor, Peace & Conflict Studies, University of Manitoba, Canada “Since late 1990s conflict resolution field has recognized the need to integrate culture in its processes. This book goes beyond such theoretical recognition and provides empirical evidence and solid concrete cases on how local actors from a wide range of cultural contexts integrated their cultural analysis and tools in their own sustainable conflict resolution processes. It also offers an effective set of guidelines and lessons learned for policy makers and peacebuilding practitioners on the need to deepen their reliance on local cultural practices of peace.” —Mohammed Abu-Nimer, Professor of International Peace and Conflict Resolution, School of International Service, American University, and Founder and Director of the Salam: Peacebuilding and Justice Institute in Washington, DC, USA “The evolving identities of communities impacted by deep historical divisions and population migration, in the context of life threatening resource shortages, present opportunities and challenges for conflict transformation professionals at every level. d'Estrée and Parsons respond to this challenge with a remarkable collection of stories from around the world that amplify the innovation in the field while capturing its history and complexity. It serves as the bridge between mediation and peacebuilding that is so necessary today.” —Prabha Sankaranarayan, CEO, Mediators Beyond Borders International “In this excellent book, Tamra Pearson d’Estrée and Ruth Parsons (and their impressive collection of case study authors) have analysed four generations of conflict resolution/transformation theory and practice. They highlight the diverse ways in which the burgeoning field of conflict resolution theorists and practitioners mirrored the ascendance and now decline of the neo-liberal western project. First and second generation efforts were based on notions of possessive individualism, rational choice theory and a general acceptance of the status quo. Culture was ignored or eliminated as were deeper questions of political and social inequality. But more importantly, there was an unwillingness to consider the power and the wisdom that resided in locality. Third and fourth generation conflict transformers, on the other hand, have engaged these deeper questions and focused more attention on emancipatory creative partnerships, social and economic justice, co-learning and hybridised models flowing from external engagement with local wisdom. This is a book that needs to be read by anyone interested in the transformative power of conflict resolution and long term social and political change.” —Kevin P Clements, Professor, Chair and Foundation Director, The National Centre for Peace and Conflict Studies, University of Otago, New Zealand While waves of scholarship have focused either on the value of presumed universal models or of traditional practices of conflict resolution, curiously missing has been the recognition and analysis of the actual intermingling and interacting of western and local cultural practices that have produced new and emergent practices in our global community. In this compilation of case studies, the authors describe partnerships forged between local practice expertise and bearers of “western/institutional” models to build innovative approaches to mediation and conflict resolution. Including stories of these experiences and the resulting hybrid models that emerged, the book explores central questions of cultural variation and integration, such as the perception of purpose and function of resolution processes, attitudes toward conflict, arenas and timeframes, third party roles, barriers to process use, as well as how to remain true to culture and context. It also examines partnership dynamics and lessons learned for modern cross-cultural collaboration.




A Bibliography of Islamic Criminal Law


Book Description

Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.




State Building and Conflict Resolution in the Caucasus


Book Description

State building processes in the Caucasus are influenced by the culture of the Caucasus, and previous experiences with state building after World War I. The conflicts which erupted at the time have influenced territorial claims. The role of foreign powers as Russia, the United States, Turkey, Germany is considerable in the region. Divide and rule policy of Joseph Stalin is another factor which describes existing animosities between peoples in the Caucasus. Since 1989 a transition process, or state building process, has started in the North and the South Caucasus. This book gives an in-depth analysis of the backgrounds of the conflicts, including activities by IGO's and NGOs, and the developments in international law with regard to state building practice.




Ethno-Nationalism, Islam and the State in the Caucasus


Book Description

With the region of the Caucasus with its ongoing, and even deteriorating, crisis and instability and its strategic and economic importance increasingly at the front of the world's attention, this volume presents and discusses some of the complexities and problems arising in the region such as Islamic terrorists and al-Qaida. Scholars from different disciplines who specialise in the Caucasus analyze key topics such as: discussions of grass root perceptions the influence of informal power structures on ethnic conflicts in the Caucasus Russian policies towards Islam and their destabilising influence the influence of Islamic revival on the legal and social situations nationalism and the revival of pre- and sub-national identities shifts in identity as reflected in demography reasons for the Chechen victory in the first Chechen war the involvement of Islamic volunteers in Chechnya. With the situation in Chechnia likely to spread across the entire North Caucasus, this cutting edge work will be of great value in the near future and will interest political scientists and regional experts of Russia, Central Asia, Caucasus, Middle East and Turkey, as well as NGOs, government agencies and think tanks.




Counsel in the Caucasus


Book Description




Counsel in the Caucasus


Book Description

"This dissertation examines lawyers and lawyering in post-Soviet Georgia. It suggests that the collapse of the Soviet Union triggered a rapid de-professionalization of lawyers. The monopoly of the Soviet-era Bar was broken, the number of law graduates multiplied, many of the objective conditions for lawyering (such as functioning courts) were simply absent and most jurists employed by state enterprises lost their jobs. In other words, lawyers were left with little control over their markets or work. But there has also been a growing movement towards the professionalization of lawyers since 1991. Intriguingly, the key to understanding the new professionalism lies not with the reconstruction of state-mandated monopolies (indeed for several years there was simply no law regulating the Bar), but rather with lawyers' attempts to control a market through means firmly lodged in culture and the politics of the post-Soviet transition. These means include a traditional reliance on reputation and networks. Comparisons are also made here to the legal professions in Armenia and Azerbaijan, revealing similar findings and rounding out this thesis as a regional study. The empirical findings, which are based on fieldwork carried out in Transcaucasia between 1998 and 2001, have implications for studies of the legal profession and the rule of law in transition societies." --