Cameron Walker, a rising second-year student at the University of Arkansas School of Law, prepared the following selective compilation of recent law review articles relevant to Russia, Ukraine, and their neighbors:
Alexander Biryukov, Ukrainian Bankruptcy Law in the Context of Regional and International Developments, 13 Ann. Surv. Int'l & Comp. L. 13, (2007). Abstract: The history and formation of bankruptcy law in Ukraine from 1992 thru 2006 including recent developments such as cross border insolvency rules. Discussion of the impact the insolvency laws will have on Ukraine’s economic growth within Europe and globally.
Nowell David Beckett Bamberger, Comment, In the Wake of Sakhalin II: How Non-Governmental Administration of Natural Resources Could Strengthen Russia’s Energy Sector, 16 Pac. Rim L. & Pol’y J. 669, (2007). Abstract: This comment examines the current government involvement in Russia’s oil and gas industry and President Putin’s termination of the Sakhalin Project, a multinational quasi-joint venture, which conferred even greater control to the Federal Government. It also argues for a non-governmental agency as a solution to the oligarchs’ manipulation of Russia’s greatest resources.
Yuli Grigoryev, The Russian Gas Industry, Its Legal Structure, and Its Influence on World Markets, 28 Energy L.J. 125, (2007). Abstract: An overview of the Russian Gas Industry from its governmental control to its impact on other nations, especially former Soviet states. This article puts particular emphasis on production sharing agreements, third-party access and common carriage, export contracts, and an analysis of the proposed new subsoil law.
Jordan C. Kahn, Baikal Beckons: Siberia’s Sacred Sea Compels The Tahoe Watershed Protection Approach, 18 Colo. J. Int'l Envtl. L. & Pol'y 379, (2007). Abstract: This article encourages adaptation of the Tahoe Watershed Protection Approach to ensure continued protection of Lake Baikal. Russian Government has taken several actions to prevent pollution by rerouting pipelines, but now searches for a multinational regulation to protect the world’s largest (by volume) fresh water lake from Mongolian mining waste.
Anatoly Kapustin, The Bologna Process: Practical Steps for Russian Law Schools, 35 Int'l J. Legal Info. 245, (2007). Abstract: This article is comprised of suggested changes that the Russian legal education system should implement to meet European standards. The process of improving legal education in Russia began in 2003, when Russia joined the Bologna Process, which has been widely adopted throughout Europe to help create comparable standards between European nations.
Alexandr Svetlicinii, Arbitration of Investment Disputes: Experiences of the Republic of Moldova, 11 Vindobona J. of Int’l Com. L. & Arb. 99, (2007). Abstract: Analysis of the consistency of Moldovan courts enforcement of arbitration clauses and judgments in investment disputes. The article discusses enforcement of arbitration clauses and its impact in the Moldovan investment climate.
Stephen C. Thaman, The Nullification of the Russian Jury: Lessons for Jury-Inspired Reform in Eurasia and Beyond, 40 Cornell Int'l L.J. 355, (2007). Abstract: This article explores the evolution of the Russian right to trial by jury and its application. It concludes that although this right is guaranteed by the constitution it has little relevance as the Supreme Court has unrestrained powers to overturn verdicts, thus leading to similar results as those produced by the Soviet-system.
Ilija Todorovic & Yury Morgun, The Formation and Development of the Legislation on Refugees in the Republic of Belarus, 19 Int'l J. Refugee L. 511, (2007). Abstract: As migration of refugees continues to climb in Belarus this article is an examination of the legislation that has been implemented to regulate the process. The article provides a Belarusian perspective on the conformity of the legislation with standards established by the UN High Commissioner on Refugees.
Christopher R. Kelley
