Cuban Law and Legal Research: A Snapshot During the Deshielo (Congelado?) – Monday, July 17, 2017, 9:45 a.m., Austin Convention Center, Room 18AB

By Julienne Grant

IMG_9721 (003)“The history of the United States and Cuba encompass[es] revolution and conflict, struggle and sacrifice, retribution and now reconciliation. It is time now for us to leave the past behind. It is time for us to look forward to the future together.”

-President Barack Obama, March 22, 2016, Havana, Cuba

 

“Therefore, effective immediately, I am canceling the last administration’s completely one-sided deal with Cuba.” 

-President Donald J. Trump, June 16, 2017, Miami, Florida

 

“Again, the United States Government resorts to coercive methods of the past, adopting measures to intensify the blockade, in force since February 1962, which not only causes damage and deprivation to the Cuban people and constitutes an undeniable obstacle to the development of our economy, but also affects the sovereignty and interests of other countries, inciting international rejection.” (Julienne E. Grant, translation)

-Declaration of the Revolutionary Government, June 16, 2017, Havana, Cuba

 

When I drafted a proposal last fall for an AALL program on Cuba, I envisioned a continuation of the dramatic deshielo (thaw) of relations between the U.S. and Cuba. Specifically, I assumed there would be a progression of the rapprochement that former President Obama alluded to in his speech in Havana on March 22, 2016.  What I didn’t foresee while crafting the program were the most recent proclamations by President Trump and the Cuban government.  Trump’s June 16th announcement in Miami that backtracks some of the previous administration’s initiatives has halted the thaw a bit. As such, this program is perhaps more appropriately a snapshot during the deshielo congelado (frozen thaw). However U.S.-Cuba relations can now be characterized, though, Cuba is on the cusp of dramatic changes, and it’s a hot topic.

Please join Dr. Marisol Florén-Romero (Florida International University), Teresa Miguel-Stearns (Yale), and me (Loyola University Chicago) as we first explore this enigmatic jurisdiction from a law librarian’s perspective. Our program will include a brief overview of the somewhat unwieldly nomenclature of Cuban law, as well as a short assessment of English-language sources that can provide insight into Cuba’s legal landscape. In addition, Teresa will offer a quick summary of her experience purchasing legal materials in Havana last year.  Accompanying the program is a useful 26-page handout that will be available for download.

Our featured speaker, however, is Professor Jorge R. Piñon, whose talk is titled “Cuba Business Scenarios:  Challenges and Opportunities,” certainly a timely topic in what is an extremely fluid political and economic environment.   Professor Piñon is the Interim Director of The University of Texas at Austin, Center for International Energy & Environmental Policy, and the Director of its Latin America & Caribbean Energy Program.

Professor Piñon is also recognized as an expert on Cuba’s energy sector, as well as on the island’s future economic transitional challenges and opportunities.  He is an advisor and a member of the Cuba Task Force at The Brookings Institution and co-author of “Cuba’s Energy Future: Strategic Approaches to Cooperation,” Brookings Institution Press, 2010.

Hope to see you on Monday for what is sure to be a lively, engaging, and enlightening hour!

 

It’s Time For Chicago!

Registration is now open for the 2016 AALL Annual Meeting and Conference in Chicago!  In addition to member-discounted pricing, deeply discounted registration rates are available for students and retirees. Nonmember conference registration packages also include a complimentary one-year AALL membership – by joining us in Chicago, you’ll be joining AALL as well!

The FCIL-SIS looks forward to welcoming all attendees to its 2016 Schaffer Grant for Foreign Law Librarians presentation, which will take place on Monday, July 18, from 4:30 p.m. until 5:30 p.m., in Hyatt-Columbus GH. This year’s recipient, Ms. Rheny Pulungan, is Liaison Support Librarian at the University of Melbourne’s Law School Library. As Liaison Support Librarian, she supplies reference services, teaches legal research workshops, and completes collection development projects. Ms. Pulungan holds a Ph.D and Masters degree in International Law from the University of Melbourne, and a Master of Information Studies in Librarianship from the University of Canberra. Previously, Ms. Pulungan received her Bachelor of Laws from Gadjah Mada University in Indonesia, and served as Law Faculty Lecturer at Bengkulu University, where she specialized in international law. Ms. Pulungan’s experience in both Indonesian and Australian law, as well as law librarianship, will be reflected in her presentation, which will treat comparatively access to legal information in both countries.

In addition to the Schaffer Grant presentation on July 18, the AALL Conference will feature the following FCIL-related programming:

Sunday, July 17th

4:00 p.m. – Asian Legal Information in English: Availability, Accessibility, and Quality Control

Tuesday, July 19

8:30 a.m. – Roman Law, Roman Order, and Restatements

11:00 a.m. – Vanishing Online? Legal and Policy Implications for Libraries of the EU’s “Right to be Forgotten”

The FCIL-SIS is also working with the American Society of International Law to co-sponsor a pre-conference workshop to be held on Saturday, July 16 at 9:30 a.m. ($50 additional registration fee applies.)  The workshop, which is entitled Two Sides to the United Nations: Working with Public and Private International Law at the UN, is designed to equip all law librarians with foundational knowledge of the United Nations and CISG (both of which have recent significant changes to their online databases), and to increase their fluency with the major U.N. and CISG documents, information, research resources, and strategies.

If you are presenting on an FCIL-related topic in Chicago and would like your program to be featured on DipLawMatic Dialogues, or if you are interested in blogging about the conference programs listed above, please contact blog administrators Susan Gualtier (susan.gualtier@law.lsu.edu) or Loren Turner (lturner@law.ufl.edu). We look forward to seeing you in Chicago this summer!

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The Wart on Russia’s Nose

By Dan Wadecfr-ukraine-generic-cover_350

So Prince Potemkin, Catherine the Great’s general, admiral, statesman, and lover, called the Crimea. (He was originally responsible for Russia’s annexation of it from the Ottomans in 1783.) To understand Russia’s recent appropriation, if not down right annexation, of the Crimea after the Olympic games in Solchi one needs to understand the history of the land and the people of the Ukraine. “The past is never past in Sevastopol. It waves from flagpoles and drapes the parade stand on patriotic holidays. It finds sanctuary in war monuments and in posted signs. Lenin Square, Heroes of Stalingrad Street, Cinema Moscow. It even simmers in a potful of borsch.” (Inside Crimea: A Jewel in Two Crowns: Crimea has been a flashpoint between Russia and Ukraine for decades. Here’s why. National Geographic Daily News, Feb. 28, 2014.)

The first ever FCIL-SIS book discussion group will meet in San Antonio on Tuesday morning to discuss the Foreign Affairs book, Crisis in Ukraine, compiled by Gideon Rose (2014). It is a collection of opinion pieces on the recent history of Ukraine and its relations with it larger neighbor to the East, the earliest dated March/April 2005 after the Orange Revolution.

To gain a glimpse of Ukraine’s long history, I read the entertaining history cum travelogue, now almost twenty years old, Borderland: A Journey Through the History of Ukraine by Anna Reid (London: Weidenfeld & Nicholson, 1997). Another worthwhile read on early Ukraine is the section on Galicia in Norman Davies’ Vanishing Kingdoms: The History Of Half-Forgotten Europe (London: Allen Lane, 2011). More formal histories can be found in the biographical essay in Timothy Snyder’s Bloodlands: Europe Between Hitler and Stalin (London: The Bodley Head, 2010) (This tear-engendering, sleep-disturbing book is not to be recommended. There is an inverse correlation between knowledge of Stalin’s atrocities in Ukraine in the 1930’s and mental health, and that is only a small part of the horrors found in the book. No wonder we do not teach our school children the heinous history of this past!) One book which seems to have had a premonition of the difficulties ahead is La Crimée entre Russie et Ukraine: Un conflit qui n’a pas eu lieu, by Emmanuelle Armandon (Brussels: Bruylant, 2013.) Another very recent study is Rusia Frente a Ucrania by Carlos Taibo (Madrid: Catarata, 2014), which has a current bibliography. A recent discussion (June 16, 2014) from the Case Western School of Law can be found at http://law.case.edu/OurSchool/FacultyStaff/MeetOurFaculty/FacultyDetail/TalkingForeignPolicy.aspx.

Oxford’s Public International Law Debate Map is really quite marvelous and provides many sources to the various perspectives to the problem. It could use some updating, as it is current only through May 8, 2014, but it is a treasure-trove for those researching the situation. For current updates, one can turn to the quite informative website of the University of College London’s School of Slavonic and East European Studies Library, made known to Int-Law members some months ago by Lyonette Louis-Jacques. In a recent email, Lyo indicated to me that Professor Eric Posner from her university, the University of Chicago, is blogging on the Crisis.

To better understand the Russian perspective(s) on the Crimean situation and that of Eastern Ukraine, one needs to turn to the work of William E. Butler. This can serve as a key to unlocking the world of international law in the Russian tradition. A bibliography of works, many translated by Professor Butler, can be found in his new Russian Law and Legal Institutions (London: Wildy, Simmonds & Hill, 2014). Especially noteworthy are Russian and the Law of Nations in Historical Perspective: Collected Essays (London: Wildy, Simmons & Hill, 2009), and V. Grabar’s The History of International Law in Russia 1647-1917 (Oxford: Clarendon Press, 1990; translated by Butler.) There is some sympathy for Russia in the Western Press (see the CNN op-ed (March 7, 2014) by Simon Tisdall foreign affairs columnist in the Guardian; see also, Jack Matlock’s (former U.S. ambassador to the Soviet Union) opinion (March 1, 2014).

Russians believe that the referendum that was held in the Crimea regarding which country the citizens wanted to belong legitimates their behavior, but Professor Lea Brilmayer of the Yale Law School argues in an op-ed in the Gaurdian (March 14, 2014) that it was illegal.

Perhaps the Russian common man has sentiments similar to those recounted by Keith Gessen in the recent issue of Foreign Affairs (“What’s the Matter With Russia,” July/August 2014, p. 182):

“The man sitting next to me [on an Aeroflot flight] — Sergei, I’ll call him — was also drunk, and he decided to engage me in a discussion of geo-politics. He said he was a graduate of MEPhi, an elite technical university in Moscow, and that he had made millions in software design. Sergei, was theoretically, the sort of Russian who might be expected of being critical of President Vladamir Putin, but he was not. He was thrilled that Russia had seized Crimea, if only because in doing so, it had extended a big middle finger to the West.”

Please leave comments and questions about Crisis In Ukraine and Tuesday’s book discussion below.