Illegal Annexation and State Continuity

The Case of the Incorporation of the Baltic States by the USSR

Author: Lauri Mälksoo

Publisher:

ISBN:

Category: Annexation (International law)

Page: 0

View: 660

"This volume, now in its second and revised edition, deals with the legal status of the three Baltic States - Estonia, Latvia and Lithuania - as a consequence of the illegality of the Soviet annexation in 1940-1991. It offers a detailed historical overview of the Soviet takeover of the Baltic States in 1939/1940 and analysis of international law as it was in force, also regionally and bilaterally, at the time. It examines the role of the continuity of the diplomatic representations of the Baltic States and other manifestations of the Western non-recognition of the Soviet annexation. Moreover, the book examines the nature of the restoration of the Baltic States in 1991 based on their State continuity claim. It also studies in detail questions such as borders, citizenship and reparation claims, and asks to what extent State continuity could or could not be restored in practice. Compared to the first edition, the text has been updated (for example, on developments regarding border treaties) but also more background references have been added on the history of the Baltic States, Soviet and post-Soviet Russian responses to the continuity claim of the Baltic States, etc. The book interprets the Soviet annexation and Baltic States' continuity case against the wider backdrop of developments in international law in the 20th century and argues that the outcome reflected important normative developments in international law, away from mere effectivity. The case of the Baltic States will be relevant for current and future cases of illegal annexation, following the threat and use of military force prohibited under international law"--

Illegal Annexation and State Continuity

The Case of the Incorporation of the Baltic States by the USSR : a Study of the Tension Between Normativity and Power in International Law

Author: Lauri Mälksoo

Publisher: Erik Castrén Institute Monogra

ISBN:

Category: Law

Page: 373

View: 249

The depth and intensity of the transformation in Eastern and Central Europe in the 1980's and 1990's took most diplomats and political commentators by surprise. Needless to say, European politics now looks completely different from how it did during the stale years of the Cold War. This volume is an in-depth analysis of one aspect of the transformation - namely the Baltic States' struggle to regain the statehood they had lost in the Soviet occupation in June 1940. It analyses the claim of illegality of the Soviet occupation, arguments about possible prescription, the legal consequences of illegality as well as the restoration of the statehood of the three Baltic States after 1990. The relevant facts are clearly described and the application of the legal rules is skillfully based on arguments from precedent and legal principle. The author also discusses the question of the significance of (pure) legal status, detached from the enjoyment of rights and obligations which that status entails in law.

Russia and the European Court of Human Rights

The Strasbourg Effect

Author: Lauri Mälksoo

Publisher: Cambridge University Press

ISBN:

Category: Political Science

Page:

View: 523

Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.

Transition from Illegal Regimes under International Law

Author: Yaël Ronen

Publisher: Cambridge University Press

ISBN:

Category: Law

Page:

View: 865

Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.

Historical Title, Self-Determination and the Kashmir Question

Author: Fozia Nazir Lone

Publisher: BRILL

ISBN:

Category: Law

Page: 500

View: 222

In Historical Title, Self-Determination and the Kashmir Question, Lone offers a fresh framework, while recognising signs of spreading terrorism in the region, to understand the rights of the Kashmiri people and how they could be addressed by the international community.

State Continuity and Nationality: The Baltic States and Russia

Past, Present and Future as Defined by International Law

Author: Ineta Ziemele

Publisher: BRILL

ISBN:

Category: Political Science

Page: 452

View: 402

The main question addressed in the book is about solutions which States may adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation.

State Succession to International Responsibility

Author: Patrick Dumberry

Publisher: Martinus Nijhoff Publishers

ISBN:

Category: Law

Page: 541

View: 134

This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.

British Year Book of International Law 2008

Author: James Crawford

Publisher: Oxford University Press, USA

ISBN:

Category: Law

Page: 1008

View: 757

Now in its 79th year, the British Year Book of International Law has become an essential work of reference for academics and practising lawyers. Through a mixture of articles and extended book reviews it continues to provide up-to-date analysis on important developments in modern international law. In addition, through its exhaustive coverage of decisions in UK courts and official government statements, the British Year Book offers unique insight into the development of state practice in the United Kingdom.

International Law from a Baltic Perspective

Author: Ineta Ziemele

Publisher: BRILL

ISBN:

Category: Law

Page: 349

View: 233

Celebrating the 20th anniversary of the Baltic Yearbook of International Law, this volume contains a selection of articles chosen by the editors to showcase the Yearbook’s important contribution to international legal scholarship and practice. It thus offers ground-breaking articles on diverse legal areas, including international humanitarian law, international human rights law, peaceful settlement of disputes, European Union law, and the history of international law. Naturally, issues relevant to the international legal status of the Baltic States and the consequences of their occupation by the Soviet Union are also explored, as well as to transitional justice and the collapse of communism. Finally, articles on new areas, such as bioethics and cyperspace, are also included, showing where the development of science prompts the need for legal regulation. This wide-ranging selection reflects the Yearbook’s aim to offer a unique forum among international legal periodicals - where the past meets the future.