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2020 Fiscal Year Research-status Report

Evolution of Human Rights, Democracy, and the Rule of Law in Uzbekistan in light of International Legal Aid

Research Project

Project/Area Number 19K13481
Research InstitutionNagoya University

Principal Investigator

Ismatov Aziz  名古屋大学, 法学研究科, 特任講師 (90751206)

Project Period (FY) 2019-04-01 – 2022-03-31
KeywordsUzbekistan / Human rights / Democracy / Rule of law / Foreign legal aid
Outline of Annual Research Achievements

In the second year, collecting and cataloging the legal assistance projects has been enriched by the inclusion of new Asian actors within the so-called international legal aid market, such as China and South Korea. Identifying and comparing the legal assistance methods and philosophies between Asian and non-Asian actors is still a work in progress. This approaches also include detecting legal institutions, networks of professionals, including lawyers, judges, officials, and arbitrators. General perceptions among donor-actors and domestic scholars with regard to constitutionalism, human rights and democracy remains as actively ongoing work. Finally, several presentations on one part of the research was made (Constitutionalism in Asia and Beyond Workshop Series and CALE 2021 Conference).

Current Status of Research Progress
Current Status of Research Progress

2: Research has progressed on the whole more than it was originally planned.

Reason

The progress is going reasonably well but the original schedule has proven to have been slightly delayed because of the unclear nd uncertain situation with the COVID-19. The work on gathering information on laws and intended legal assistance projects, as well as case study law in target jurisdiction is partly unfinished due to inability to access local agencies directly, including courts and other relevant state agencies. Similarly, direct meetings with local experts have been delayed because of the pandemic. Online meetings, to a possible extent, were held.

Strategy for Future Research Activity

Next year plan, will include a closer research and analysis into the constitutionalism and human rights in Uzbekistan, with a reference to Uzbekistan 1992 Constitution's Soviet positivist, and pre-Soviet traditionalist traces, as well as the East-West human rights doctrinal conflict. It is also planned to carry out archival legal research to reveal the scope and essence of foreign legal assistance (the U.S., European, and Asian states) in the process of the 1992 Constitution draft process and creation of judiciary, including the Constitutional Court of Uzbekistan.
Preliminary contact with scholars in some (but not all) target jurisdictions in regard to these has been established and will be followed up on.

Causes of Carryover

Given a Covid-19 pandemic and relevant global restrictions, as well as the following policies of the Nagoya University regarding the travel restrictions to the countries (including MOFA based restrictive policies) it was impossible to utilize financial resources accordingly (travel-related expenses), in the way it was intended by the initial plan. Hence it was impossible to set up multiple proposes personal meetings and obtain a direct access to the archival and legal institutions.

  • Research Products

    (9 results)

All 2021 2020 Other

All Journal Article (4 results) (of which Int'l Joint Research: 1 results,  Peer Reviewed: 4 results,  Open Access: 2 results) Presentation (2 results) Book (2 results) Remarks (1 results)

  • [Journal Article] [The constitutional human rights in Uzbekistan: positivism, traditionalism, and a cautious shift towards international legal standards]. Konstitutsionnye prava cheloveka v Uzbekistane: pozitivizm, traditsionalizm i ostorozhnyy razvorot v storonu mezhdunarodno-pravovykh standartov2021

    • Author(s)
      Aziz Ismatov
    • Journal Title

      Sravnitel'noe konstitutsionnoe obozrenie [Comparative Constitutional Law]

      Volume: 141 (2) Pages: 94-130

    • DOI

      10.21128/1812-7126-2021-2-94-130

    • Peer Reviewed
  • [Journal Article] The Introduction of Modern Constitutionalism in Central Asian Post-Socialist Context: The Case of Constitutional Debate and Development on Human Rights in Uzbekistan in the Twentieth and Early Twenty First Centuries2021

    • Author(s)
      Aziz Ismatov
    • Journal Title

      Nagoya University Asian Law Bulletin

      Volume: 6 Pages: 61-85

    • Peer Reviewed / Open Access
  • [Journal Article] Japan’s Legal Education Assistance in Asia: Building a Cohort of Jurists for Transition Reforms2021

    • Author(s)
      Aziz Ismatov, Emi Makino
    • Journal Title

      Asian Journal of Legal Education

      Volume: 8 (1) Pages: 19-33

    • DOI

      10.1177/2322005820965608

    • Peer Reviewed / Int'l Joint Research
  • [Journal Article] Specifics of the Late Soviet Constitutional Supervision Debate: Lessons for Central Asian Constitutional Review?2020

    • Author(s)
      Aziz Ismatov
    • Journal Title

      CALE Discussion Paper

      Volume: 19 Pages: 77-93

    • Peer Reviewed / Open Access
  • [Presentation] Clumsy border demarcation, undocumented mixed marriage, and stateless trans-border spouses in Central Asian enclaves2021

    • Author(s)
      Aziz Ismatov
    • Organizer
      CALE Annual International Conference
  • [Presentation] Positive or natural rights? converging conflicting doctrines in Central Asia’s post-socialist constitutions2020

    • Author(s)
      Aziz Ismatov
    • Organizer
      Consolidating Constitutionalism in New Democracies: Perspectives from Eurasia (I)
  • [Book] Emergence and Features of the Constitutional Review Bodies in Asia2020

    • Author(s)
      Aziz Ismatov, Emi Makino
    • Total Pages
      1-93
    • Publisher
      CALE Discussion Paper
  • [Book] The Social Justice and the Death Penalty within the Structures of the Socialist Legal Systems in ASEAN: A case of Vietnam and Laos2020

    • Author(s)
      Aziz Ismatov
    • Total Pages
      131-144
    • Publisher
      Korean Legal Research Institute III
  • [Remarks] CALE Website

    • URL

      http://cale.law.nagoya-u.ac.jp/research_and_projects/Ismatov_Aziz_B.html

URL: 

Published: 2021-12-27  

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