Illegal Annexation and State Continuity
Martinus Nijhoff (Verlag)
978-90-04-46488-9 (ISBN)
Lauri Mälksoo is Professor of International Law at the University of Tartu, Estonia, and a Member of the Institut de Droit International. He is a member of the Estonian Academy of Sciences and, from 2021, a member of the European Commission for Democracy through Law (the Venice Commission). He received his legal education at the University of Tartu, Georgetown University (LL.M) and Humboldt University Berlin (PhD). He has conducted post-doctoral studies at New York University, the University of Tokyo and has been research fellow at Woodrow Wilson International Center for Scholars in Washington, DC. He is co-editor-in-chief of the Baltic Yearbook of International Law (Brill-Nijhoff) and belongs to the editorial board of the Review of Central and East European Law (Brill-Nijhoff) as well as the advisory board of the Journal of the History of International Law (Brill-Nijhoff).
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
1The Changing Status of Statehood in Contemporary International Law and Society: Starting Point for Analysis
2Re-established States in the Practice of International Relations: Historical Perspective
3State Continuity, Identity and Extinction in International Law Doctrine
4Issues 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
5Implications of the Illegality of Annexation for State Personality
2 The Legal Status of the Baltic States in International Law after 1991: Claims and Responses
1The Baltic Thesis
a The Republic of Estonia
b Republic of Latvia
c Republic of Lithuania
2Responses 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
3The Legal Status of the Baltic States: Views in the Legal Literature
3 The Baltic States Between 1940 and 1991: Illegality and/or Prescription
1Introduction
2The 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
3Prescription 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
4Prescription? Conclusions
4 The ‘Occupation’ of the Baltic States (1940–1991)?
1The Baltic Thesis of Soviet Occupation (1940–1941, 1944–1991)
2Reception of the Baltic Thesis of Soviet ‘Occupation’
3Development 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
4An 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
5Conclusion: 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
1The Prevailing Understanding of State Continuity in Doctrine
2Special Circumstances in the Baltic Case
3The 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
4Changes 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
5The 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
6General Conclusion from Practice: The Discrepancy between Status and Rights
6 State Continuity in Cases of Prolonged Illegal Annexation: Status and/or Rights?
1Introduction
2Realist Critiques of International Law
3The New Haven Approach and New Stream: Politics in International Law
4Doctrinal Proposal: Status Goes beyond Legal Rights and Duties
5The Domestic Analogy of Restoration in the Baltic States: No restitutio in integrum
6Conclusions
PART III: Between Normativity and Power: The Implications of the Baltic Case for International Law
7 The Baltic Case and Lessons from Other Cases
1Introduction
2Illegal 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
3Departures from the Effectiveness Principle and Fear of Unfulfilled Fictions
a Legality and Effectiveness in Tibet
4Concluding Observations
Appendices
Bibliography
Index
| Erscheinungsdatum | 08.07.2022 |
|---|---|
| Reihe/Serie | The Erik Castrén Institute Monographs on International Law and Human Rights ; 20 |
| Sprache | englisch |
| Maße | 155 x 235 mm |
| Gewicht | 666 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| ISBN-10 | 90-04-46488-3 / 9004464883 |
| ISBN-13 | 978-90-04-46488-9 / 9789004464889 |
| Zustand | Neuware |
| Haben Sie eine Frage zum Produkt? |
aus dem Bereich
