Illegal Annexation and State Continuity

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Author :
Publisher : Erik Castrén Institute Monogra
ISBN 13 : 9789004464889
Total Pages : 0 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Illegal Annexation and State Continuity by : Lauri Mälksoo

Download or read book Illegal Annexation and State Continuity written by Lauri Mälksoo and published by Erik Castrén Institute Monogra. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 426 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Illegal Annexation and State Continuity by : Lauri Mälksoo

Download or read book Illegal Annexation and State Continuity written by Lauri Mälksoo and published by Brill Nijhoff. This book was released on 2003 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Illegal Annexation and State Continuity

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Author :
Publisher : BRILL
ISBN 13 : 9004464891
Total Pages : 318 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Illegal Annexation and State Continuity by : Lauri Mälksoo

Download or read book Illegal Annexation and State Continuity written by Lauri Mälksoo and published by BRILL. This book was released on 2022-08-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher : BRILL
ISBN 13 : 9004478477
Total Pages : 409 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Illegal Annexation and State Continuity by : Lauri Mälksoo

Download or read book Illegal Annexation and State Continuity written by Lauri Mälksoo and published by BRILL. This book was released on 2021-10-18 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Identity and Continuity of States in Public International Law

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Author :
Publisher : Librairie Droz
ISBN 13 : 9782600040440
Total Pages : 636 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Identity and Continuity of States in Public International Law by : Krystyna Marek

Download or read book Identity and Continuity of States in Public International Law written by Krystyna Marek and published by Librairie Droz. This book was released on 1968 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Russian Approaches to International Law

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Author :
Publisher : Academic
ISBN 13 : 0198723040
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Russian Approaches to International Law by : Lauri Mälksoo

Download or read book Russian Approaches to International Law written by Lauri Mälksoo and published by Academic. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia

International Law in Domestic Courts

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Author :
Publisher :
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : André Nollkaemper

Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Historical Title, Self-Determination and the Kashmir Question

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Author :
Publisher : BRILL
ISBN 13 : 9004359990
Total Pages : 500 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Historical Title, Self-Determination and the Kashmir Question by : Fozia Nazir Lone

Download or read book Historical Title, Self-Determination and the Kashmir Question written by Fozia Nazir Lone and published by BRILL. This book was released on 2018-05-07 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.

Transition from Illegal Regimes under International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139496174
Total Pages : 401 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Transition from Illegal Regimes under International Law by : Yaël Ronen

Download or read book Transition from Illegal Regimes under International Law written by Yaël Ronen and published by Cambridge University Press. This book was released on 2011-05-19 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.

State Succession to International Responsibility

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004158820
Total Pages : 541 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis State Succession to International Responsibility by : Patrick Dumberry

Download or read book State Succession to International Responsibility written by Patrick Dumberry and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.

State Continuity and Nationality: The Baltic States and Russia

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Author :
Publisher : BRILL
ISBN 13 : 9047416201
Total Pages : 452 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis State Continuity and Nationality: The Baltic States and Russia by : Ineta Ziemele

Download or read book State Continuity and Nationality: The Baltic States and Russia written by Ineta Ziemele and published by BRILL. This book was released on 2021-10-11 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

British Year Book of International Law 2008

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199580391
Total Pages : 909 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis British Year Book of International Law 2008 by : Whewell Professor of International Law and Fellow James Crawford

Download or read book British Year Book of International Law 2008 written by Whewell Professor of International Law and Fellow James Crawford and published by Oxford University Press, USA. This book was released on 2009-11-12 with total page 909 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'British Year Book of International Law' is a key reference resource for academics and practising lawyers, providing up-to-date information on important developments in modern international law.

From Soviet Republics to EU Member States (2 vols)

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Publisher : BRILL
ISBN 13 : 904744499X
Total Pages : 621 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis From Soviet Republics to EU Member States (2 vols) by : Peter van Elsuwege

Download or read book From Soviet Republics to EU Member States (2 vols) written by Peter van Elsuwege and published by BRILL. This book was released on 2008-08-31 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Soviet Republics to EU Member States addresses the legal and political challenges surrounding the EU accession of Estonia, Latvia and Lithuania. Based upon a profound analysis of the Baltic States’ historic development and international legal status, this book examines the gradual development of bilateral relations between the EU and each of the Baltic countries. It discusses the strategic policy choices made in the EU’s fifth enlargement wave and the consequences of its pre-accession strategies. Specific attention is devoted to the impact of enlargement on the triangular relationship between the EU, the Baltic States and Russia. Finally, the constitutional changes within the Baltic States and within the European Union itself are taken into account.

Peoples and International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004154914
Total Pages : 513 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Peoples and International Law by : James Summers

Download or read book Peoples and International Law written by James Summers and published by Martinus Nijhoff Publishers. This book was released on 2007-08-13 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peoples and International Law is the most comprehensive current account of the right of self-determination in international law. The book examines the law of self-determination as the product of the interaction between nationalism and international law. This broad and interdisciplinary work charts this interaction through different aspects of the legal process – in international instruments, judicial decisions, legal obligations and historical context – critically and in extensive detail. The book is essential reading for those with an interest both in peoples’ rights in international law and the study of nationalism.

Russia and European Human-Rights Law

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Publisher : Martinus Nijhoff Publishers / Brill Academic Publi
ISBN 13 : 9789004203303
Total Pages : 236 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Russia and European Human-Rights Law by : Lauri Mälksoo

Download or read book Russia and European Human-Rights Law written by Lauri Mälksoo and published by Martinus Nijhoff Publishers / Brill Academic Publi. This book was released on 2014-11-21 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this book, Lauri Mèalksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights."--Back cover.

Brownlie's Principles of Public International Law

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199699690
Total Pages : 885 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Brownlie's Principles of Public International Law by : Ian Brownlie

Download or read book Brownlie's Principles of Public International Law written by Ian Brownlie and published by Oxford University Press, USA. This book was released on 2012-09-27 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Serving as a single volume introduction to the field as a whole, this book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It identifies the constituent elements of that system in a clear and accessible fashion.

Right Radicalism in Party and Political Systems in Present-day European States

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 144387938X
Total Pages : 255 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Right Radicalism in Party and Political Systems in Present-day European States by : Natalia Eremina

Download or read book Right Radicalism in Party and Political Systems in Present-day European States written by Natalia Eremina and published by Cambridge Scholars Publishing. This book was released on 2015-06-18 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores a broad range of concepts of, and approaches to, far-right parties and ultranationalist ideology, and studies the legal and political discourses within which they are often embedded. Offering detailed insights into the nature of the far-right and its viewpoints, the book provides a multidimensional study of the evolution of the far-right and its impact on the contemporary European political and party system, society and state. In addition, a clear definition of the substantial amount of criminal far-right parties in the Annex of the book dispels the illusion that far-right ultranationalist groups do not represent a danger for both society and state. This book has several unique aspects, particularly its use of catalogues that allow for the researching of far-right parties and ideology according to concrete definitions.