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

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Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Knyga / Book
Language:
Anglų kalba / English
Title:
Illegal annexation and state continuity: the case of the incorporation of the Baltic States by the USSR
Edition:
2nd rev. ed.
Publication Data:
Leiden ; Brill Nijhoff, 2022.
Pages:
XVI, 307 p
Series:
Erik Castrén Institute monographs on international law and human rights; vol. 20
Notes:
Bibliografija ir rodyklės.
Contents:
Preface to the First Edition — Preface to the Second Edition — Acknowledgments — Abbreviations — Introduction — 1. 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; 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; 2. Responses to the Baltic Continuity Thesis in the Practice of the International Community; 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; 3. Prescription and Soviet Rule in the Illegally Annexed Baltic States; 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; 4. An Evaluation of the Baltic Case: Fiction and Reality in Occupation Theory; 5 Conclusion: The Baltic States 1940–1991, Continuity or Extinction? — 2. Ex Factis Oritur Ius: 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;4. Changes with Respect to State Territories: Border Disputes since Restoration of the Independence of the Baltic States; 5. The Issue of State Responsibility for Injuries Caused During Illegal Soviet Annexation; 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 — 3. 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; 3. Departures from the Effectiveness Principle and Fear of Unfulfilled Fictions; 4 Concluding Observations — Appendices — Bibliography — Index of Modern Authors — Index of Subjects. .
Other Editions:
Neteisėta aneksija ir valstybės tęstinumas: Baltijos šalių prijungimas prie SSRS: prieštaravimų tarp tarptautinės teisės normų ir galių tyrimas / Lauri Mälksoo. Vilnius: Lietuvos gyventojų genocido ir rezistencijos tyrimo centras, 2021. 334 p
Summary / Abstract:

ENIn 2018, the three Baltic States – the Republics of Estonia, Latvia and Lithuania - celebrated the 100th anniversary of their existence and in 2021 the 30th anniversary of the restoration of their independence. This book is about how before, during and after 1991 international law shaped the restoration of independence of these three States and how, in turn, the case of Soviet illegal annexation and yet successful restoration of the Baltic States reflects important 20th century developments in international law, and what would be the precedent value of this case in the future. Thus, it is also a book about the importance of international law and international legal arguments, and about the tremendous impact that international law can sometimes have on the fate of smaller nations. International law does its work sometimes (too) slowly; but the Soviet annexation case demonstrates that it eventually does. May this give hope for smaller States should they become victims of aggression now and in the future! This book was defended as a doctoral dissertation at the Faculty of Law of the Humboldt University Berlin in July 2002 and published in its first edition at Martinus Nijhoff/Brill in 2003. Thus, it was written before 2004, when Estonia, Latvia and Lithuania became members of both the EU and NATO. Both the Estonian and Russian language translations of the book were published by Tartu University Press in 2005 and the Lithuanian translation in 2021.Beside its continued relevance in the Baltic-Russian historical and legal-political contexts, the most surprising element of the reception of this book for me was that individuals were looking for inspiration in the Baltic precedent in places that I was initially not even able to foresee. For example, I was contacted by scholars from Hawaii who had noticed my book and were eager to discuss what the similarities and differences between these annexations may have been. However, the US annexation of Hawai happened in 1898 and it was a central argument in my book that the important legal developments concerning the Baltic case happened in international law in 1928–1945, not covering previous annexations in the legal positivist sense. When Brill’s international law editor Lindy Melman raised the perspective of the second edition of this book, I saw it as an opportunity to update the information in some aspects, for example regarding new developments on the Baltic-Russian border treaties. Also, I have tried to include more Russian perspectives and sources for the second edition. At the same, I have deleted several passages which seemed much less relevant to me now than when working on the dissertation. [Extract, p. XI]

ISBN:
9789004464889; 9789004464896
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2024-04-17 20:05:30
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