Non-Recognized States in the Post-Soviet Region under International Trade Law, Private International Law and International Civil Procedure

Non-recognized States are a widespread and politically sensitive de facto phenomenon in international politics, raising numerous questions from both a public international law and private law perspective. The present book deals with rarely analysed questions on how States deal with legal issues of private law arising with regard to non-recognized States and what issues of international trade and investment law arise in such cases. The book takes the non-recognized States that emerged in the post-Soviet area after 1990/1991 as examples, but also makes references to other non-recognized States. The book is written from a comparative perspective, giving room to authors from various States and non-recognized States (state-like entities) alike.

Recent developments have led to the disappearance of three non-recognized States in the region. In this regard, the book may also be interesting as a source of information that has already disappeared or will probably soon disappear from the Internet. Further, the book is highly relevant for the remaining non-recognized States in the region, while also offering a source of inspiration for private law (including civil procedure) and investment law aspects concerning non-recognized States in general.

Introduction by the Editors.- PART I. GENERAL ASPECTS.- Non-Recognized States in the Post-Soviet Region – an Overview.- The Status of an Unrecognized State and Human Rights Through the Prism of Public International Law.- PART II. INTERNATIONAL TRADE AND INVESTMENT LAW.- The WTO Legal Order and Non-Recognized Territorial Entities: Bridging Troubled Waters?.- Non-recognized States: Legal Framework for Foreign Investments.- Economic Sanctions Relating to Non-Recognized States.- PART III. PRIVATE INTERNATIONAL LAW AND NON-RECOGNIZED STATES IN THE REGION.- Non-Recognized States in Private International Law.- Private International Law Matters Involving Non-Recognized States: The View from Cyprus.- Non-recognized States in Private International Law: Georgian Perspective.- Application of the Law of an Unrecognized State in Private International Law Including International Civil Proceedings – An Armenian Perspective.- Some Aspects of the International Legal Status of the Republic of Abkhazia: Including Private International Law and International Civil Procedure.- PART IV. CROSS-BORDER CIVIL PROCEDURE AND NON-RECOGNIZED STATES IN THE REGION.- Non-Recognized States in Cross-border Civil Procedure - with Particular Regard to the Post-Soviet Region.- Cross-Border Aspects of Civil Procedure and the Performance of Notarial Functions Using Documents Originating from the Territory of Non-Recognized States from the Russian Perspective.- The Term “Non-Recognized” and Effective Legal Protection from the Perspective of Ukrainian Law.- Recognition and Enforcement of Foreign Judgments in the Lugansk People’s Republic and the Donetsk People’s Republic.- PART V. DEVELOPMENTS IN THE FIELD OF CIVIL JUSTICE IN THE POST-SOVIET REGION.- Civil Justice in the Region, Including Non-Recognized States – An Overview.- Evolution in Field of Civil Justice in the Region - Perspective from the Republic of Moldova.- Status and Obligations of Human Rights in Non-Recognized States with a Focus on Civil Justice: The Case of Transnistria.- PART VI. CONCLUSIONS.- Conclusions – For a Balance Between Sovereignty and Human Rights.

Prof. Dr. Alexander Trunk is the director of the Institute of East European Law of Kiel University, a leading center of research on the legal systems of Eastern Europe in Germany. His research focus is on comparative civil and private international law including civil procedure, mostly with a particular view to Eastern Europe.

Dr. Anastasiya Rogozina, LL.M., was an academic assistant at the Institute of East European Law of Kiel University. She holds a PhD degree on international investment law at the Urals Law University. She is now a legal consultant in Augsburg (Germany).

Ass. Prof. Dr. Marina Trunk-Fedorova, LL.M., is a freelance researcher at the Institute of East European Law of Kiel University and a part-time law-teacher for international economic law at St. Petersburg State University. Her publications focus on international trade and investment law, often with a comparative dimension.