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Full-Text Articles in Law
Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny
Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny
Michigan Journal of International Law
In October 1989, the Hungarian Communist regime collapsed and was replaced by a democratic government. This new government was confronted with a visible and grave concern: environmental degradation. In just three years, the new Hungarian government, sometimes of its own impetus, sometimes at the prodding of environmentalists and foreign governments, has taken tremendous steps toward establishing palpable environmental legislation. More importantly, it has created an administrative and information-gathering infrastructure capable of sustaining a cohesive system of environmental protection initiatives. Although the path to further progress is littered with obstacles, this East European country has proven itself a worthy warrior in …
Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, Margaret Bowman, David Hunter
Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, Margaret Bowman, David Hunter
Michigan Journal of International Law
This article surveys the environmental law reforms taking place throughout the region and some of the important issues surrounding these reforms. Two caveats to this approach should be highlighted at the outset. First, information from the region is still somewhat incomplete. Precise translations of laws, in particular, are not always available. This article can provide only a general guide to legislative and regulatory trends in the region and should not form the basis for specific action or decisions. Second, every country in the region is different, with its own complexities. Despite our failure to resist the temptation to generalize about …
The State Rebuilding Civil Society: Constitutionalism And The Post-Communist Paradox, Ethan Klingsberg
The State Rebuilding Civil Society: Constitutionalism And The Post-Communist Paradox, Ethan Klingsberg
Michigan Journal of International Law
Part I of this article provides an overview of trends in the intellectual history of civil society theory in the West. Since the rejection of the classical notion of a unified State and civil society, Western commentators have focused their analyses on State action's effect upon modern civil society. In reaction to the dangers of State co-optation of civil society's autonomy, social critics have proposed a range of solutions, such as limitations on State power to interfere in areas like property rights and the assumption of power by a universal class. Part II reviews Soviet bloc dissidents' contributions to civil …
The New East European Constitutional Courts, Herman Schwartz
The New East European Constitutional Courts, Herman Schwartz
Michigan Journal of International Law
This article will describe some aspects of the different tribunals in Russia, Hungary, Poland, Czechoslovakia, Bulgaria, and Romania, and will compare them with each other and with the U.S. Supreme Court. The first part will begin by explaining a few basic differences between the American and Continental systems of judicial review, and will then describe the functions of the new East European constitutional courts. The second part will use the decisions of the new Russian Constitutional Court to illustrate the new courts' exercise of authority, and will summarize the recent activities of a few other new constitutional courts.
Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein
Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein
Michigan Journal of International Law
This essay is a part of a broader study entitled "Post-communist Constitution-making: Confessions of a Comparatist" which focuses on Czechoslovakia.
Judicial Review Of The Compensation Law In Hungary, Peter Paczolay
Judicial Review Of The Compensation Law In Hungary, Peter Paczolay
Michigan Journal of International Law
This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.
A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle
A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle
Michigan Journal of International Law
This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Michigan Journal of International Law
This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …
Demoncratic Institutions Of Industrial Relations: A Polish Perspective, Ludwik Florek
Demoncratic Institutions Of Industrial Relations: A Polish Perspective, Ludwik Florek
Michigan Journal of International Law
This essay addresses three issues. The author first describes the major features of the previous Polish industrial relations system which caused it to be undemocratic. He then presents arguments justifying the need for a democracy in industrial relations in Poland. Second, the indispensable premises and elements of three basic democratic institutions of industrial relations are identified: trade union freedom, collective bargaining and the right to strike. These elements were selected for analysis on the basis of international legal instruments, in particular, conventions of the International Labor Organization ("ILO"), as well as U.S. and West European labor legislation. The author then …
The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans
The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans
Michigan Journal of International Law
What role these rights and obligations could have played is the central theme of this article. However, in view of the enormous complexity of the problems involved, this article can do no more than provide a general overview. Sections II through VII will first sketch the outlines of the rights and obligations confronting the two German States before unification. Section VIII will compare those outlines to the actual political outcome of the unification process. The former six Sections will explore a number of different contexts in which legal rights and obligations could have been found.