The challenge of change for the legal and political systems of Eurasia

A la suite d'un ouvrage sur les origines européennes et asiatiques des systèmes juridiques et politiques d'Eurasie, ce livre décrit comment ceux-ci s'adaptent aux changements qu'ils subissent, notamment de la part des innovations régionales comme les Nouvelles Routes de la Soie, la Coopération de Shanghai et l'Union Economique Eurasienne.

After reflecting On the European and Asian origins of legal and political systems: views from Korea, Kazakhstan and France (2018), the authors address in this book three intertwined issues. First, how systems that were established long ago are challenged by the necessity to adapt to change both in time, rapidly after the end of the cold war, and in space, across the continent of Eurasia and no longer 'simply' in their sub-region. Second, how these systems evolve both in a sui generis manner and adopt, each for itself, reforms at the national and sub-regional levels; and also in a reciprocal manner, learn and borrow from each other towards a 'regional legal order' in the making. Third, how extra-judicial evolutions, such as the logistical and commercial dynamics of the Belt and Road Initiative(s) appear more and more as the source or the cause of that very change affecting all Eurasian actors and interests. Examined elsewhere from a broad social sciences perspective, in the publication Cross-border exchanges: Eurasian perspectives on logistics and diplomacy (2019), these issues are here systematically analysed by a mix of conceptual and doctrinal perspectives and of textual, jurisprudential and positivist perspectives. Naturally, the challenge within the challenge to ascertain is whether a pan-regional or global legal 'model' would be capable of impacting change in general and legal change in particular as part of the 'post-cold-war 2:', where the political-military legacy is overcome by and yields to business concerns reaching beyond cautious legal constructions.

Auteur

Amandine Cayol, Dr PhD (Private Law) is associate professor at University of Caen, member of Demolombe Institute and co-director of Master's degree in Insurance Law. Her fields of expertise are Tort Law, Contract Law, Property Law and mainly now the legal status of the human body and she authored Le contrat d'ouvrage (2013). Zhuldyz Sairambaeva, Dr PhD (Law) is associate professor and Director of the International Law department, al-Farabi Kazakh National University, Almaty. Her field of expertise is International economic law. She co-authored in 2016 The Shanghai organization of cooperation and security issues in Central Asia. Pierre Chabal, Dr PhD (Pol. Sc.) and Sc Dr Habil (Pol. Sc. and Int. Rel.), supervises international research in the LexFEIM centre (Le Havre university). Invited professor at the national universities of Kazakhstan (al-Farabi, Almaty), Mongolia (NUM) and Uzbekistan (UWED), he published La coopération de Shanghai : conceptualiser la nouvelle Asie (2019).