State Continuity and Nationality: The Baltic States and Russia

State Continuity and Nationality: The Baltic States and Russia
Author: Ineta Ziemele
Publisher: BRILL
Total Pages: 452
Release: 2021-10-11
Genre: Political Science
ISBN: 9047416201

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The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.

Illegal Annexation and State Continuity

Illegal Annexation and State Continuity
Author: Lauri Mälksoo
Publisher: BRILL
Total Pages: 318
Release: 2022-08-01
Genre: Law
ISBN: 9004464891

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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

Illegal Annexation and State Continuity
Author: Lauri Mälksoo
Publisher: BRILL
Total Pages: 409
Release: 2021-10-18
Genre: Law
ISBN: 9004478477

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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. Please also see the 2nd, revised edition of this book (2022): isbn 978-90-04-46488-9.

Continuity and Change in the Baltic Sea Region

Continuity and Change in the Baltic Sea Region
Author: David J. Galbreath
Publisher: BRILL
Total Pages: 199
Release: 2008-01-01
Genre: Social Science
ISBN: 9401205752

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Continuity and Change in the Baltic Sea Region uncovers the Baltic States’ foreign policy transition from Socialist Republics to EU member-states. Situated between the Russian Federation and Northern Europe, Estonia, Latvia and Lithuania have had to manoeuvre within an often delicate sub-region. Since independence, the foreign policies of the Baltic States have been dominated by de-Sovietization and European integration. Lying at the crossroads between small state theory and identity politics, this analysis engages with the development of Baltic foreign policies as post-Soviet, small and transitioning states. The authors argue that Estonia, Latvia and Lithuania dictated their early foreign policy agendas based on a process of identity construction and as a response to their regional environment. This process took the Baltic States from East to West in their foreign policy aspirations. Key factors in foreign policy making and implementation are discussed, as well as external factors that shaped Baltic foreign policy agendas. Overall, the book illustrates how continuity and change in the Baltic foreign policies has been shaped by both ‘hard’ and ‘soft’ factors. It is a study in the foreign policies of transitioning states and in this regard illuminates a much larger research area beyond its geographic focus.

The Baltic States from the Soviet Union to the European Union

The Baltic States from the Soviet Union to the European Union
Author: Richard Mole
Publisher: Routledge
Total Pages: 218
Release: 2012-05-23
Genre: Political Science
ISBN: 113632772X

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The Baltic States are unique in being the only member-states of the EU to have fought to regain their sovereignty from the Soviet Union, only then to cede it to Brussels in certain key areas. Similarly, no member-states have had to struggle as hard as Estonia, Latvia and Lithuania to preserve their identity after fifty years of Soviet nationality policy in the face of sub-state and supra-state challenges. The post-communist experience of the Baltic States thus allows us to examine debates about identity as a source of political power; the conditioning and constraining influence of identity discourses on social, political and economic change; and the orientation and outcome of their external relations. In particular, the book examines the impact of Russian and Soviet control of Estonia, Latvia and Lithuania; the Baltic independence movements of the late 1980s/early 1990s; the citizenship debates; relations with Russia vis-à-vis the withdrawal of the troops of the former Soviet Army; drawing of the shared boundary and the rights of Russian-speaking minorities as well as the efforts undertaken by the three Baltic States to rebuild themselves, modernise their economies, cope with the ensuing social changes and facilitate their accession to the EU and NATO.

The Baltic States

The Baltic States
Author: Romuald Misiunas
Publisher: Univ of California Press
Total Pages: 435
Release: 1993-10
Genre: History
ISBN: 0520082281

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Describes and analyzes how the Baltic nations survived 50 years of social disruption, language discrimination and Russian colonialism, and the effect of the Baltic states' stubborn invincibility on the Soviet Union. The history of Estonia, Latvia and Lithuania are integrated and compared.

Illegal Annexation and State Continuity

Illegal Annexation and State Continuity
Author: Lauri Mälksoo
Publisher: Brill Nijhoff
Total Pages: 426
Release: 2003
Genre: History
ISBN:

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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. Please also see the 2nd, revised edition of this book (2022): isbn 978-90-04-46488-9.

From Soviet Republics to EU Member States (2 vols)

From Soviet Republics to EU Member States (2 vols)
Author: Peter van Elsuwege
Publisher: BRILL
Total Pages: 621
Release: 2008-08-22
Genre: Political Science
ISBN: 904744499X

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This book offers a comprehensive analysis of the legal and political challenges surrounding the EU accession of the Baltic States. It examines the impact of EU enlargement on relations with Russia and on the constitutional development of the countries concerned.