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2021 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 – 2023-03-31
KeywordsUzbekistan / Constitutionalism / Human rights / Rule of law / Foreign legal assistance / Democracy / Central Asia / Positivism
Outline of Annual Research Achievements

In the third year, the project progressed with the analysis of constitutionalism in Uzbekistan, focusing on doctrinal conflict within the 1992 Constitution of Uzbekistan between the western concept of human rights and citizens’ rights which originated in socialist positivist doctrine. In this phase, the project also analyzed and produced quality English translations of essential case study law of domestic courts. Collecting and cataloging some necessary archival material, particularly on constitutional draft negotiation, is still work to be done upon lifting COVID-19 travel restrictions. Finally, several reports in international conferences and workshops were made, and quality publications were published, including a book (Dynamics of Contemporary Constitutionalism in Eurasia: Local Legacies and Global Trends, Berliner Wissenschafts-V, Berlin).

Current Status of Research Progress
Current Status of Research Progress

3: Progress in research has been slightly delayed.

Reason

The progress is going reasonably well except for slight delays in obtaining more of archival and new data, as well as limited academic interactions caused by yet ongoing COVID-19-related restrictions. In particular, accessing archives and interactions with local scholars and practitioners in the target jurisdiction is often complicated because of the limited web access and privacy-related concerns. 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’s plan will include interactions with scholars and policymakers and a closer analysis of obtained data related to Uzbekistan’s 1992 Constitution, its debate, and its historical perspective, and legal comparative development. This will also involve a study of the origins of regional constitutional thought, focusing on human rights and legal donor actors’ assistance (the U.S., European, and Asian states) offered during the 1990s transition reform period and onwards. This stage will involve a scholarly consulting collaboration in drafting a book project.

Causes of Carryover

Due to the spread of the new coronavirus infection, overseas travel has been restricted, and I had to postpone my trip to Uzbekistan and Germany. Therefore, initially planned multiple meetings with local scholars, practitioners and authors of the constitution of Uzbekistan were not always feasible. Furthermore, accessing archives directly and obtaining essential materials was not possible.

  • Research Products

    (12 results)

All 2022 2021

All Journal Article (3 results) (of which Int'l Joint Research: 1 results,  Peer Reviewed: 2 results,  Open Access: 1 results) Presentation (8 results) (of which Int'l Joint Research: 8 results) Book (1 results)

  • [Journal Article] ウズベキスタン 1992 年憲法制定過程における歴史的文脈の影響2022

    • Author(s)
      イスマトフ・アジズ
    • Journal Title

      Nagoya University Asian Law Bulletin

      Volume: Vol. 7 Pages: 23-46

    • Peer Reviewed / Open Access
  • [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)
      Ismatov Aziz
    • Journal Title

      Sravnitel'noe konstitutsionnoe obozrenie [Comparative Constitutional Law]

      Volume: Vol 141(2) Pages: 94-130

  • [Journal Article] Do Hybrid Legal Systems Matter in Legal Transplantation Projects? Some Philosophical Aspects of Legal Aid in Uzbekistan as Provided by Foreign Donors2021

    • Author(s)
      Ismatov Aziz
    • Journal Title

      Asian Journal of Law and Society

      Volume: Vol. 8(2) Pages: 351-371

    • Peer Reviewed / Int'l Joint Research
  • [Presentation] How well do the Central Asian Constitutions Accommodate Environment and Climate Change in the 21st Century?2021

    • Author(s)
      Ismatov Aziz
    • Organizer
      Conference on Contemporary Constitutionalism: Foreign and Domestic Perspectives
    • Int'l Joint Research
  • [Presentation] Uzbekistan Government’s Actions against Covid-19 under Constitutional and Administrative, and Criminal Law2021

    • Author(s)
      Ismatov Aziz
    • Organizer
      International Conference hosted by University Twinning and Networking Programme/ Handong Global University (Rep. of Korea)/ and Development of International Law in Asia-Korea (DILA)
    • Int'l Joint Research
  • [Presentation] Applying Super-Presidentialist Solutions to Covid-19 Pandemic in Central Asia2021

    • Author(s)
      Ismatov Aziz
    • Organizer
      International Conference ‘Law Crisis and Revival in Asia
    • Int'l Joint Research
  • [Presentation] A Failure of Constitutional Revolutions in Central Asia: Traditionalism, Nominalism, and Rights2021

    • Author(s)
      Ismatov Aziz
    • Organizer
      18th Asian Law Institute Conference on ‘Law, Technology, and Diversity in Asia’
    • Int'l Joint Research
  • [Presentation] Uzbekistan and COVID-19: Governing Through Strong Executive Orders2021

    • Author(s)
      Ismatov Aziz
    • Organizer
      17th ALIN General Meeting and International Conference ‘Legal Measures for Tackling Pandemic in Asia: Lessons Learned and the Way Forward’
    • Int'l Joint Research
  • [Presentation] State Succession and Statelessness in Central Asia: Transit to a Solution for Stateless Women and Children2021

    • Author(s)
      Ismatov Aziz
    • Organizer
      International Workshop hosted by National University of Singapore and Melbourne Law School
    • Int'l Joint Research
  • [Presentation] How Chinese investments in Uzbekistan influence cooperation within legal field and promote further the Belt and Road Initiative?2021

    • Author(s)
      Ismatov Aziz
    • Organizer
      International Conference on Law and Development
    • Int'l Joint Research
  • [Presentation] Ghost Refugees: Populist Human Rights and Development Frameworks in Central Asia2021

    • Author(s)
      Ismatov Aziz
    • Organizer
      AsianSIL 8th Biennial Conference ‘What place for international law in the Asian future?
    • Int'l Joint Research
  • [Book] Legal Measures For Tackling Pandemic in Asia: Lessons Learned and the Way Forward2021

    • Author(s)
      Ismatov Aziz
    • Total Pages
      687
    • Publisher
      KLRI/ALIN

URL: 

Published: 2022-12-28  

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