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Vol 23 No 6 June/July 2018

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The Soviet Union and International Cooperation in Legal Matters: Part 3. Criminal Law

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George GinsburgsDistinguished Professor of Foreign and Comparative Law, Rutgers University Law School, USA

ISBN13: 9780792330943
ISBN: 0792330943
Published: July 1996
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £211.00

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The present title is the last in a three-volume set addressing the umbrella theme of ""The Soviet Union and International Cooperation in Legal Matters"". The preceding installments treated the Soviet Union's record in the field of commercial arbitration and civil law, respectively.

With the USSR dead, use of the term ""Soviet Union"" may call for some justification. In this instance, the desire to preserve stylistic continuity plays a role in the choice. Furthermore, the bulk of the monograph really does deal with the Soviet Union's track record in this domain on the assumption that much of its repertory in this theatre will be salvaged through the machinery of state succession in fairly intact or recognizable shape and affect the deployment of future modes of management of these affairs en route to stripping the old inventory of its ""socialist"" attributes and updating the core package.

In that sense, the volume marks the end of a Soviet branch of international law and the dawn of a new discipline of research in the local brand of post-Soviet international law. It seems safe to say, though, that whatever lies ahead is going to have its roots in the country's contemporary history, and understanding these antecedents will make the job of figuring out what to expect next a bit easier.The study concentrates essentially on post-World War II repertory, with some reference to pre-1945 antecedents in order to put the picture in a clearer perspective.

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I: Jurisdictional Frame. A. Early Innings. B. Mostly Stalin. C. Khrushchev's Blueprint. D. Perestroika and After. II: Socialist Model. A. First Generation of Treaties on Legal Assistance. B. Second Generation. C. Conclusions. III: Non-Socialist Repertory. IV: Domestic Setting. V: Penal Matters. A. The Effect of the Convention. B. Communication between State Parties. C. Sentences, Pardons and Other Matters. D. The Actual Transfer. E. Commentary. F. Historical Influence. G. Reaction to the Convention. H. Practical Implementation. I. Other, Similar Legal Assistance Treaties. J. Conclusions: the Effect of Recent Events. VI: Russia and the Successor States.