St. John's University Law School Professor and NY City Bar Report |
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| Written by Nikola | |
| Friday, 12 May 2006 | |
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As the White House makes the resolution of frozen conflicts in the former Soviet republics of Moldova, Georgia, and Azerbaijan an issue of concern for the upcoming G8 Summit, the New York City Bar Association has issued a report that Russia may be violating international law by interfering in the internal affairs of Moldova and the attempted secession of the region of Transnistria. Two St. John??s University School of Law alums and one professor were involved in the project, which called for a team of attorneys to go to Moldova and meet with key members of the Moldovan government including the president and separatist leaders. The year-long study was primarily authored by Christopher J. Borgen, assistant professor of law at St. John??s, and chaired by Mark Meyer, ?˜71JD a St. John??s University School of Law alumnus, adjunct professor, a member of Herzfeld & Rubin, P.C., and chair of the New York City Bar??s Special Committee on European Affairs. Elizabeth Defeis, ?˜58JD a St. John??s University School of Law alumna, and former dean of Seton Hall University Law School, was also a member of the team; as was Robert Abrams, a partner at Stroock & Stroock & Lavan and the former attorney general of the State of New York; and the honorable Barrington D. Parker Jr., a U.S. judge who sits on the U.S. Court of Appeals for the Second Circuit. Law Professor and Alumni Represent Bar Association in Mission Concerning Separatist Conflict in Moldova The report addresses Moldova??s ongoing separatist conflict involving ethnic tensions, Russian troops, and Soviet-era arms stockpiles, as well as allegations of smuggling, money laundering and corruption. At issue is who should control Transnistria, a strip of land that contains Moldova??s key industrial infrastructure, power plants and a stockpile of Soviet-era arms. Since 1992, Transnistria has claimed a legal right either to autonomy within Moldova or to secede. The report maintains that Transnistria??s claim of sovereignty is without merit under international law. ?No other country has recognized them, said Borgen, who teaches international law and national security law. ?We??ve assessed their claim, but found it weak as a matter of law. Moreover, the report found that the privatization program run by the separatists leaves investors with no confidence that these transactions would be legally enforceable. ?It is in the interest of the United States that these ?˜frozen conflicts?? be resolved equitably and quickly, said Borgen. ?If there??s anything we??ve learned, it is that it is not in our national interest to allow law-free zones to fester in any part of the world, especially in Europe. ?˜Frozen conflicts?? can be breeding grounds for instability and uncertainty that threaten international peace and security. At a conference of leaders from Baltic and Black Sea nations in Vilnius, Lithuania, on May 4, Vice President Dick Cheney sharply criticized Russia for backsliding on human rights, and suggested that Moscow was interfering with democratic movements among its neighbors and using its oil and gas as "tools of intimidation or blackmail." The New York City Bar??s delegation concluded that Russia has used energy prices to bargain effectively on behalf of Transnistria. Other activities in support of the separatists include the ongoing garrisoning of troops in Transnistria, despite repeated Moldovan requests for a Russian withdrawal, and the use of Soviet-era arms stockpiles, as a source of material support and revenue. Taken together, the various acts that Russia has undertaken in support of the Transnistrian separatists lead to a credible claim of illegal interference by Russia into Moldovan domestic politics, the report states. If you would like to speak to professor Borgen concerning the New York City Bar Report, contact Joe Harkins, Office of Media Relations, (718) 990-5789; This e-mail address is being protected from spam bots, you need JavaScript enabled to view it new.stjohns.edu
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