Illegal annexation and state continuity : the case of the incorporation of the Baltic states by the USSR

著者

• Mälksoo, Lauri

書誌事項

Illegal annexation and state continuity : the case of the incorporation of the Baltic states by the USSR

by Lauri Mälksoo

（The Erik Castrén Institute monographs on international law and human rights, v. 20）

Brill Nijhoff, c2022

2nd rev. ed

• : hardback

注記

Content Type: text (rdacontent), Media Type: unmediated (rdamedia), Carrier Type: volume (rdacarrier)

Includes bibliographical references (p. [274]-303) and indexes

Summary: "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 mor

収録内容

• Illegal annexation, state continuity and identity : concepts and controversies
• The legal status of the Baltic states in International Law after 1991 : claims and responses
• The Baltic states between 1940 and 1991 : Illegality and/or prescription
• The 'occupation' of the Baltic states (1940-1991)?
• Controversial claims for restoration of legal rights in the Baltic Case
• State continuity in cases of prolonged illegal annexation : status and/or Rights?
• The Baltic case and lessons from other cases

内容説明・目次

内容説明

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.

目次

Preface to the First Edition Preface to the Second Edition Acknowledgments Abbreviations Introduction PART I: Ex Injuria Ius Non Oritur 1 Illegal Annexation, State Continuity and Identity: Concepts and Controversies 1 The Changing Status of Statehood in Contemporary International Law and Society: Starting Point for Analysis 2 Re-established States in the Practice of International Relations: Historical Perspective 3 State Continuity, Identity and Extinction in International Law Doctrine 4 Issues Raised in Legal Doctrine by World War II Annexation Cases a Does State Identity Always Imply State Continuity? b What are the Normative Consequences of State Identity? c The Basis in International Law for State Identity in World War II Annexation Cases 5 Implications of the Illegality of Annexation for State Personality 2 The Legal Status of the Baltic States in International Law after 1991: Claims and Responses 1 The Baltic Thesis a The Republic of Estonia b Republic of Latvia c Republic of Lithuania 2 Responses to the Baltic Continuity Thesis in the Practice of the International Community a Restoration of Diplomatic Relations with Western Countries in 1991 b Subsequent Treaty Practice: Multilateral Treaties c Practice Related to Bilateral Treaties d Other Consequences of State Identity in Relations with Western States e Practice as Related to Membership in International Organizations f The Continuity Thesis of the Baltic States and the Russian Federation 3 The Legal Status of the Baltic States: Views in the Legal Literature 3 The Baltic States Between 1940 and 1991: Illegality and/or Prescription 1 Introduction 2 The Illegality of Soviet Annexation a The Soviet Occupation and Annexation of the Baltic States in 1940: Facts b Soviet Occupation and Annexation of the Baltic States: Applicable Law c Legal Evaluation of Soviet Policy against the Baltic States in 1939/1940 d The Illegality of Annexation in International Law: Soviet Views e The Illegality of Soviet Annexation: General Conclusions 3 Prescription and Soviet Rule in the Illegally Annexed Baltic States a The Concept of Prescription in International Law b Non-Recognition of the Soviet Annexation of the Baltic States: Law and Politics c Survival of State Organs of the Baltic Republics in Exile d The Baltic Peoples and Prescription 4 Prescription? Conclusions 4 The 'Occupation' of the Baltic States (1940-1991)? 1 The Baltic Thesis of Soviet Occupation (1940-1941, 1944-1991) 2 Reception of the Baltic Thesis of Soviet 'Occupation' 3 Development of the Concept of Occupation in International Law a Were/Are the 1907 Hague Rules Applicable Beyond War? b Occupation Versus Annexation c The Main Requirements of the 1907 Hague Regulations for the Occupying Power and Practice in World War II 4 An Evaluation of the Baltic Case: Fiction and Reality in Occupation Theory a The Soviet Union and the Hague Regulations b Which Rules of Occupation were Legally Applicable in the Case of the Baltic states? c Conclusions: International Legal Rules Binding the USSR during its Occupation (Illegal Annexation) of the Baltic States 5 Conclusion: The Baltic States 1940-1991, Continuity or Extinction? PART II: Ex Factis Oritur Ius 1 Introduction 5 Controversial Claims for Restoration of Legal Rights in the Baltic Case 1 The Prevailing Understanding of State Continuity in Doctrine 2 Special Circumstances in the Baltic Case 3 The Controversy about the Principle of Continuity of Citizenship and the Political Rights of Soviet Era Immigrants a Introduction b The Migration Policies of the Soviet Authorities c The Citizens' Congresses in Estonia and Latvia in 1990 d Baltic Debates about the Political Rights of Russian-Speaking Settlers in the Early 1990s e Baltic Nationality and Naturalization Laws f Acceptance by the International Community of Continuity of the Nationality Principle in Estonian and Latvian Citizenship Laws g Conclusion: No Unrestricted Restoration of Nationality in the Baltic Case 4 Changes with Respect to State Territories: Border Disputes since Restoration of the Independence of the Baltic States a Estonia b Latvia c The Boundaries of Lithuania d The Border Debate: Legal Issues e The Border Debate: Conclusions 5 The Issue of State Responsibility for Injuries Caused During Illegal Soviet Annexation a Introduction b Main Principles of the Law of State Responsibility c On Conditions of State Responsibility in the Case of the Baltic States: the Issue of Attributability (the International Legal Status of Today's Russia) d The Reparations Issue After Re-establishment of Baltic Independence e The Reparations Issue: Conclusions 6 General Conclusion from Practice: The Discrepancy between Status and Rights 6 State Continuity in Cases of Prolonged Illegal Annexation: Status and/or Rights? 1 Introduction 2 Realist Critiques of International Law 3 The New Haven Approach and New Stream: Politics in International Law 4 Doctrinal Proposal: Status Goes beyond Legal Rights and Duties 5 The Domestic Analogy of Restoration in the Baltic States: No restitutio in integrum 6 Conclusions PART III: Between Normativity and Power: The Implications of the Baltic Case for International Law 7 The Baltic Case and Lessons from Other Cases 1 Introduction 2 Illegal Annexation and State Continuity a The Annexation of East Timor and the Uncertainties of Non-Recognition in State Practice b State Continuity as a Necessary Consequence of Illegality of Annexation c Other Relevant Factors Beside Illegality? Precedential Effects 3 Departures from the Effectiveness Principle and Fear of Unfulfilled Fictions a Legality and Effectiveness in Tibet 4 Concluding Observations Appendices Bibliography Index

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詳細情報

• NII書誌ID(NCID): BC16208971
• ISBN:
  • 9789004464889
• LCCN: 2022024658
• 出版国コード: ne
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Leiden ; Boston
• ページ数/冊数: xvi, 307 p.
• 大きさ: 25 cm
• 分類:
  • LCC : KZ4216
  • DC23 : 341.2/9
• 件名:
  • LCSH : Baltic States -- International status
  • LCSH : Baltic States -- History -- Autonomy and independence movements
  • LCSH : Dismemberment of nations
  • LCSH : Annexation (International law)
• 親書誌ID:
  • BA50991170