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Tensions between Domestic and International Law for Supremacy in Uzbekistan

Part Name
Articles
Title
Tensions between Domestic and International Law for Supremacy in Uzbekistan
Author(s)
Alisher UmirdinovAkhadjon Khakimov
Publication Year
30-Nov-2020
Citation
Vol. 10 Issue. 2 Page. 196-245, 2020
Publisher
한국법제연구원
Keyword
Uzbekistan; international law; domestic legal order; Constitu tional court; dualism; monism; contentious cases
URI
http://www.klri.re.kr:9090/handle/2017.oak/9795
Abstract
In their respective constitutions, Central Asian countries have boldly em braced international law and its universalist values. Uzbekistan, the most densely populated country of the region, is no exception. Consequently, one could expect that individuals may considerably benefit from the application and enforcement of international norms in domestic courts. Primarily, this paper seeks to clari fy this assumption and investigate the contentious issues between international and domestic law in Uzbekistan. The authors argue that while the country has performed remarkably through joining international organizations and through contracting or acceding to bilateral and multilateral treaties, numerous problems remain unresolved. Although Uzbekistan nominally adopts a monist approach to international law by giving it precedence over domestic law, in practice, however, the country is taking quite a similar approach to Western countries with common law jurisdictions when it comes to incorporating international legal norms into their respective legal systems. In many of the instances examined by the authors, the Oliy Majlis (Uzbek Parliament) adopted a particular statute to implement the international obligations of Uzbekistan. While this may be viewed a sound move to clarify the relationship between domestic and international law norms in the courts, low levels of awareness concerning international law among judges and the public, coupled with the reluctance of the Supreme Court to guide lower courts on such matters raise barriers towards the successful implementation of international norms in Uzbekistan.
Table Of Contents
Ⅰ. Introduction Ⅱ. Foreign policy priorities of Uzbekistan Ⅲ. International law in the domestic legal order of Uzbekistan Ⅳ. Ratification and implementation of treaties in the Uzbek legal system Ⅴ. Application and interpretation of international law by Uzbek courts: judicial practice at a glance A. Judicial competences of courts in Uzbekistan: the power of judicial review B. Contentious cases in domestic courts involving international legal issues Ⅵ. Discussion Ⅶ. Conclusion
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