Illegal Annexation and State Continuity : The Case of the Incorporation of the Baltic States by the USSR. Second Revised Edition / Lauri Mälksoo.
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TextLanguage: English Series: The Erik Castrén Institute Monographs on International Law and Human Rights ; 20 | Human Rights and Humanitarian Law E-Books Online, Collection 2022Publisher: Leiden ; Boston : Brill | Nijhoff, 2022Copyright date: ©2022Description: 1 online resourceContent type: - text
- computer
- online resource
- 9789004464896
- 9789004464889
- The Case of the Incorporation of the Baltic States by the USSR. Second Revised Edition
- 341.2/9 23
- KZ4216
Includes bibliographical references and index.
Preliminary Material / Lauri Mälksoo -- Copyright page / Lauri Mälksoo -- Preface to the First Edition / Lauri Mälksoo -- Preface to the Second Edition / Lauri Mälksoo -- Acknowledgments / Lauri Mälksoo -- Abbreviations / Lauri Mälksoo -- Introduction / Lauri Mälksoo -- Part 1 Ex Injuria Ius Non Oritur / Lauri Mälksoo -- Chapter 1 Illegal Annexation, State Continuity and Identity: Concepts and Controversies / Lauri Mälksoo -- Chapter 2 The Legal Status of the Baltic States in International Law After 1991: Claims and Responses / Lauri Mälksoo -- Chapter 3 The Baltic States Between 1940 and 1991: Illegality and/or Prescription / Lauri Mälksoo -- Chapter 4 The ‘Occupation’ of the Baltic States (1940–1991)? / Lauri Mälksoo -- Part 2 Ex Factis Oritur Ius / Lauri Mälksoo -- Chapter 5 Controversial Claims for Restoration of Legal Rights in the Baltic Case / Lauri Mälksoo -- Chapter 6 State Continuity in Cases of Prolonged Illegal Annexation: Status and/or Rights? / Lauri Mälksoo -- Part 3 Between Normativity and Power: The Implications of the Baltic Case for International Law / Lauri Mälksoo -- Chapter 7 The Baltic Case and Lessons from Other Cases / Lauri Mälksoo -- Appendix 1 / Lauri Mälksoo -- Appendix 2 / Lauri Mälksoo -- Appendix 3 / Lauri Mälksoo -- Appendix 4 / Lauri Mälksoo -- Bibliography / Lauri Mälksoo -- Index of Modern Authors / Lauri Mälksoo -- Index of Subjects / Lauri Mälksoo.
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.
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