The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

Taking stock of the twenty-fifth anniversary of the collapse of the communist regimes of Central and Eastern Europe, this volume explores how these societies have grappled with the serious human rights violations of past regimes. It focuses on the most important factors that have shaped the nature, speed, and sequence of transitional justice programs in the period spanning the revolutions that brought about the collapse of the communist dictatorships and the consolidation of new democratic regimes. Contributors explain why leaders made certain choices, discuss the challenges they faced, and explore the role of under-studied actors and grassroots strategies. Written by recognized experts with an unparalleled grasp of the region's communist and post-communist reality, this volume addresses far-reaching reckoning, redress, and retribution policy choices. It is an engaging, carefully crafted volume, which covers a wide variety of cases and discusses key transitional justice theories using both qualitative and quantitative research methods.

This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.

This edited volume opening the new series Revisiting Communism: Collectivist Economic Thought in Historical Perspective focuses on the concepts of ownership, the cornerstone of political economy in Soviet-type societies. The authors’ main objective is to contribute to the still unwritten chapter on collectivism in the history books of modern economic thought. They trace the lengthy evolution of economic ideas of property reform under communism leading from the doctrine of blanket nationalization to projects of moderate privatization in eight countries of Eastern Europe and China. The comparative analysis sheds light upon the tireless attempts of reform-minded economists in communist countries to populate the no man’s land of “social property” with quasi-private economic actors such as bodies of workers’ self-management and managers of state-owned companies. For a long time, these were expected to crowd out the communist nomenklatura from its actual ownership position without challenging the primacy of collective property rights. The fact that even the most radical reformers came to the conclusion that such surrogate owners would not be able to break the power of the ruling elite only on the eve of the 1989 revolutions demonstrates the immense strength of collectivist ideas. The authors coin the term “trap of collectivism” to warn those demanding nationalization or other forms of non-private ownership today: it is rather easy, even with the best intentions, to walk into this trap but it may take long decades to break out from it.

A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.

Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.

Since 1990, thousands of Hungarians have vacationed at summer camps devoted to Hungarian folk dance in the Transylvanian villages of neighboring Romania. This folk tourism and connected everyday practices of folk dance revival take place against the backdrop of an increasingly nationalist political environment in Hungary. In Movement of the People, Mary N. Taylor takes readers inside the folk revival movement known as dancehouse (táncház) that sustains myriad events where folk dance is central and championed by international enthusiasts and UNESCO. Contextualizing táncház in a deeper history of populism and nationalism, Taylor examines the movement's emergence in 1970s socialist institutions, its transformation through the postsocialist period, and its recent recognition by UNESCO as a best practice of heritage preservation. Approaching the populist and popular practices of folk revival as a form of national cultivation, Movement of the People interrogates the everyday practices, relationships, institutional contexts, and ideologies that contribute to the making of Hungary's future, as well as its past.