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Edited by Rein Müllerson, Malgosia Fitzmaurice and Mads Andenas

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.

Edited by Stanislaw J. Frankowski and Paul B. Stephan III

This book represents an effort to assess the unprecedented political, economic, and social reforms that have swept through Central and Eastern Europe in the five years since the collapse of Communism. The dismantling of the Warsaw Pact, the Council for Mutual Economic Assistance, the Communist Party apparatus, and the various manifestations of the `nomenklatura' political control system have meant different things in different countries, but throughout the region we have witnessed a struggle to replace an authoritarian, one-party political system and a command economy with something resembling Western-style constitutional democracy and market economics. Accompanying this struggle have been attempts to transform the legal structure of these countries.
It is no exaggeration to claim that lawyers, and particularly legal scholars, have played a central role in the struggle for reform in post-communist Europe. As conceived by its principal organizer and editor (Stanislaw Frankowski), this study gives these scholars an opportunity to express their perceptions of the success achieved to date and the work still remaining. A secondary goal is to expose a Western audience to the views and insights of legal scholars who have worked within the Central and Eastern European traditions.
The four parts of this book reflect the principal areas in which legal reform seemed essential. First comes the reconstitutionalization of the societies in question, which means above all else the elimination of single-party politics and the notion of unity of powers. Then comes the creation of the legal institutions that would make possible a civil society under law. Then the institutions that moderate and control the uses of state power to discipline and punish persons that have transgressed the society's norms. Finally there is the question of how law reform had dealt with industrial democracy and the anticipated transformation of the workplace.


Edited by Benedetto Conforti, Luigi Ferrari Bravo and Francesco Francioni

This Volume features a focus on the international law issues raised by the fight against piracy, which includes a detailed analysis of the ongoing dispute between Italy and India arising from the Enrica Lexie incident involving the accidental killing of Indian fishermen in an anti-piracy operation (Ronzitti), an assessment of the impact of piracy on the development of the law of the sea (Treves) and a comment on recent Italian legislation authorizing the deployment of anti-piracy armed personnel on merchant vessels, with the attendant risk of escalation of violence and human rights violations (Bevilacqua). The doctrinal section of the Volume includes also a series of innovative articles on prior exhaustion of local remedies with regard to claims involving the international responsibility of the EU (Vezzani), the role of amici curiae in international adjudication (Crema), heritage protection and its pitfalls (Lixinski), and assisted procreation in a human rights perspective (Pavone).

The Notes and Comments section contains a timely commentary on the constitutional law implications of the enforcement in Italy of the ICJ judgment in Jurisdictional Immunities of the State (Germany v. Italy) and a note on diplomatic immunities and the rights of domestic workers.

Starting from this Volume, surveys on the activities of courts and tribunals are included in a dedicated section, which is occupied by reports and commentaries on the activities of the ICJ (this year focused on human rights), ITLOS, ICSID and international criminal justice, with a new survey, introduced this year, on the activities of the WTO dispute settlement body edited by Sacerdoti.

The second part of the Volume covers Italian practice in the areas of i) judicial decisions, with special attention given to the judicial decisions implementing the 2012 ICJ judgment in Germany v. Italy; ii) diplomatic and parliamentary practice; iii) treaty and other international agreements practice; and iv) national legislation.

The third part of the Volume includes the bibliographical index of Italian contributions to international law scholarship published in 2012, a book review section (edited by Gestri), and an analytical index for easy consultation and reference to the materials cited in the Yearbook.

The Containment of Organised Crime and Terrorism

Thirty-Five Years of Research on Police, Judicial and Administrative Cooperation

Cyrille J.C.F. Fijnaut

This unique volume collects articles and contributions to edited books published throughout his distinguished career by Professor Cyrille Fijnaut, one of the world's leading experts in the fields of organised crime, security and criminology. It makes clear what issues the author systematically explored over the years and how he helped to shape the fields in which he has worked, and continues to work. The texts, reflecting the author's profound understanding of these complex fields and wealth of experience on a practical level, are presented according to topic. In addition, the volume offers English translations of seminal articles published originally in Dutch, thus making these important texts accessible to international scholars for the first time. The volume thus constitutes a unique and indispensable resource for scholars and practitioners, inside and outside the Netherlands.

Alina Cherviatsova and Oleksandr Yarmysh

the overriding objective of the Soviet leaders should be to spread communist revolution throughout the world and ensure the worldwide triumph of communism. 18 In fact, the national interests of the Soviet Union were allied to the communist ideology, which served as a means of legitimation of Soviet

Veronika Bílková

, aimed at redressing the negative consequences of the measures adopted in the first five years of the communist rule in Russia, during the period of the so-called War Communism. The nationalization measures were partly revoked and a system of mixed economy established: whereas land, banks or large

Admiral E. Biörklund

democratic Governments. Often I asked myself: But do not the political leaders in those countries understand that the dictatorial way of treating human rights is the Achilles-heel of Communism? In order to prove this statement, I have found it logical to begin with a short investigation of the actual world

Guido Acquaviva

drastically changed: unlike the former Soviet Union, Russia is not a socialist state guided by its communist party, the force guiding state and society towards the achievement of communism. Moreover, Russia was just one of the fifteen Republics constituting the USSR in 1991. Therefore, even from that

Lauri Mälksoo

it was interpreted through the overarching aim of building Communism. From the Bolshevik perspective, secession ‘for ever’ as guaranteed in Soviet Peace Treaties did not fully contradict their subsequent aggressive moves – because in their mind or propaganda the Russian Empire had been reconstituted