State Continuity and Nationality: The Baltic States and Russia

State Continuity and Nationality: The Baltic States and Russia

Author: Ineta Ziemele

Publisher: BRILL

Published: 2021-10-11

Total Pages: 452

ISBN-13: 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

Published: 2022-08-01

Total Pages: 318

ISBN-13: 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.


Continuity and Change in the Baltic Sea Region

Continuity and Change in the Baltic Sea Region

Author: David J. Galbreath

Publisher: BRILL

Published: 2008-01-01

Total Pages: 199

ISBN-13: 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.


Identity and Foreign Policy

Identity and Foreign Policy

Author: Mr Piret Ehin

Publisher: Ashgate Publishing, Ltd.

Published: 2013-03-28

Total Pages: 220

ISBN-13: 1409498905

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Baltic-Russian relations have been complicated and tense since the collapse of the USSR and the restoration of Estonian, Latvian and Lithuanian independence. Although Baltic accession to the European Union (EU) has created a new international context for interstate relations in the region, enlargement did not bring about the much hoped for improvement in Baltic-Russian relations. This case-study-rich volume examines links between identity, memory politics and foreign policy. It analyzes and explains developments in Baltic-Russian relations after both NATO and EU enlargement, focusing on the incompatibility of Baltic and Russian post-Soviet national identity constructions and the manifestations of this underlying antagonism in bilateral relations and on the broader European and international arena. Built on the constructivist perspective in international relations, this volume provides a coherent and illuminating account of the dynamics of Baltic-Russian relations after NATO and EU enlargement. Combining policy-relevant analysis with theoretical insights, it will meet the needs of academics and students of foreign policy, EU external relations and international relations more generally.


Illegal Annexation and State Continuity

Illegal Annexation and State Continuity

Author: Lauri Mälksoo

Publisher: BRILL

Published: 2021-10-18

Total Pages: 409

ISBN-13: 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.


The Baltic States

The Baltic States

Author: Romuald Misiunas

Publisher: Univ of California Press

Published: 1993-10

Total Pages: 435

ISBN-13: 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.


The Baltic States and Their Region

The Baltic States and Their Region

Author: David James Smith

Publisher: Rodopi

Published: 2005

Total Pages: 329

ISBN-13: 9042016663

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With EU and NATO membership for the Baltic States now a reality, this volume examines the relationship of the three countries, their constituent peoples and their surrounding region to the wider Europe, both historically and in the period since 1991. In particular, the contributors seek to locate the Baltic area within the manifold debates surrounding the concepts of "new" and "old" Europe, including those occasioned by the current conflict in Iraq. Covering issues of identity, sovereignty, minority rights, security and relations with Russia the work assesses the likely contribution of this region to an enlarged Euro-Atlantic community. It will appeal to specialists and students in the fields of area studies, history, politics and international relations.


The Baltic States

The Baltic States

Author: Romuald J. Misiunas

Publisher:

Published: 1993

Total Pages: 442

ISBN-13:

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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.