State Continuity And Nationality The Baltic States And Russia
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State Continuity And Nationality The Baltic States And Russia
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Author : Ineta Ziemele
language : en
Publisher: BRILL
Release Date : 2021-10-11
State Continuity And Nationality The Baltic States And Russia written by Ineta Ziemele and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-11 with Political Science categories.
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
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Author : Lauri Mälksoo
language : en
Publisher: BRILL
Release Date : 2022-08-01
Illegal Annexation And State Continuity written by Lauri Mälksoo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-01 with Law categories.
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
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Author : Lauri Mälksoo
language : en
Publisher: BRILL
Release Date : 2021-10-18
Illegal Annexation And State Continuity written by Lauri Mälksoo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
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.
State Continuity And Nationality In The Baltic States
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Author : Ineta Ziemele
language : en
Publisher:
Release Date : 1998
State Continuity And Nationality In The Baltic States written by Ineta Ziemele and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with categories.
Continuity And Change In The Baltic Sea Region
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Author : David J. Galbreath
language : en
Publisher: BRILL
Release Date : 2008-01-01
Continuity And Change In The Baltic Sea Region written by David J. Galbreath and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Social Science categories.
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.
Archives And Research In Russia And Eastern Europe
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Author :
language : en
Publisher:
Release Date : 1994
Archives And Research In Russia And Eastern Europe written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Archives categories.
From Soviet Republics To Eu Member States 2 Vols
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Author : Peter van Elsuwege
language : en
Publisher: BRILL
Release Date : 2008-08-22
From Soviet Republics To Eu Member States 2 Vols written by Peter van Elsuwege and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-22 with Political Science categories.
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.
The Max Planck Handbooks In European Public Law
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2020-03-12
The Max Planck Handbooks In European Public Law written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-12 with Law categories.
The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.
From Soviet Republics To Eu Member States
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Author : Peter Van Elsuwege
language : en
Publisher: BRILL
Release Date : 2008
From Soviet Republics To Eu Member States written by Peter Van Elsuwege and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Baltic States categories.
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.
The Human Right To Citizenship
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Author : Barbara von Rütte
language : en
Publisher: BRILL
Release Date : 2022-12-28
The Human Right To Citizenship written by Barbara von Rütte and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-28 with Law categories.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.