Law in Transition


The states of Central and Eastern Europe have, to different extents and with varying levels of success, engaged in the transition from authoritarian rule. The (re-) construction of democratic, law-based governance has turned out to be a lengthy and - at times - frustrating process. The agenda for post-communist reform contains many entries, yet a transition-blue-print is not available.
The papers collected in this volume explore the implications of the transition process in various areas. While not all aspects of post-communist law are covered, several crucial issues receive an in-depth treatment. These are: the development of (supra-) governmental systems, the procuracy, minority rights, contract law, land ownership and industrial property rights. Displaying remarkable scholarly as well as practical legal expertise, the various contributors to this volume illustrate the problems in, and the potential of, these policy areas.

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List of Contributors. Editor's Foreword. The Function of the Russian Procuracy in Administrative Procedure; M. Geistlinger. The Role of the President in the Polish System of Government after 1989; S. Gerhardt. The President in the System of Government of the Central and Eastern European States: A Comparative View; M. Hofmann. Minority Rights: Recent Developments in the Baltic States and Russia; P. Järve. The Principle of Private Autonomy and Harmonization of Estonian Contract Law; I. Kull. Minority Rights: Current Developments in Central and South Eastern European States; H. Küpper. The Commonwealth of Independent States: Towards Supranationalism? K. Malfliet. The Re-Emergence of the Pravovoe Gosudarstvo and the Russian Procuracy: The General Supervision Function of the Procuracy; H. Oda. Political Conflict and Legal Uncertainty: The Privatization of Land Ownership; L. Skyner. Arbitration in the Field of Industrial Property Rights; H. Zakowska-Henzler. Index.