Full Description
Political changes in Central and Eastern Europe in the 1990s led to important territorial changes and confronted decision-makers and international lawyers with complex questions relevant to State continuity and succession. The case of the Baltic States was particularly difficult since they re-emerged after half-a-century of Soviet occupation. In addition to questions on the status of new States, important issues arose with regard to the fate of nationals of the former federations, generating frantic international efforts in developing and consolidating available rules and principles on nationality in situations of territorial change. In this context, the Baltic case stood apart. It raised questions of non-recognition of consequences of their illegal occupation in international law, but that was not the way the issues were dealt with.
The book documents and examines the story of the Soviet occupation of the Baltic States in 1940 and their claim to State continuity fifty years later. It brings in the issue of the obligations of Russia in this context. The book asks the question what nationality solutions had to be adopted in the region and shows the scrutiny they received from international institutions. This second edition of the book revisits decisions that were taken in the 1990s and asks whether they have withstood the test of time. The case of the Baltic States is an example of the strength of international law rules, when applied with courage, and of the risks, when too many compromises with rules and principles are accepted. Although the book is specific in its coverage, 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 statehood and nationality in international law.
Contents
Contents
Foreword to the First Edition
Preface to the Second Edition
Table of Cases
List of Abbreviations
PART 1
Introduction
1 State Continuity and Nationality: An Overview of the Issues and the Limits of Inquiry
2 The Persistent Significance of Nationality
PART 2
The State
3 Claims of the Baltic States to State Continuity
1 Introduction
2 Estonia
3 Latvia
4 Lithuania
5 Conclusions
4 The View of the Russian Federation Concerning Its International Legal Status
1 Introduction
2 Constitutional Developments since 1990
3 Continuity of the Russian Federation in the 1993 Constitution
4 Other Principles of the Constitution
5 Conclusions
5 International Reactions to the Claims of the Baltic States and the Russian Federation
1 Introduction
2 The Practice of International Organisations
3 Bilateral Relations
4 Conclusions
6 Assessment of Claims to State Continuity in an International Law Context
1 Introduction
2 International Legal Personality of States
3 Statehood in International Law
4 State Continuity and/or Identity
5 State Succession v. State Continuity
PART 3
Nationality
7 The Regulation of Nationality in the Baltic States
1 Introduction
2 Estonia
3 Latvia
4 Lithuania
5 Conclusions
8 The Regulation of Nationality in the Russian Federation
1 Introduction
2 The Constitutional Provisions
3 The 1991 Law on Citizenship
4 The Right of a Child to Russian Nationality
5 Federal Law on State Policy Regarding Compatriots Abroad
6 The 2002 Citizenship Law
7 The 2023 Citizenship Law
8 Commentary
9 The Regulation of Nationality in International Law
1 Introduction
2 International Law Concept of Nationality
3 The Historical Overview
4 Modern Developments
5 Relevant Customary International Law and General Principles of International Law
6 The Effective Link Principle
7 Validity of Nationality in International Law
8 Conclusions
10 The Regulation of Nationality in Situations of Territorial Change: Selected State Practice
1 Introduction
2 Principles Relating to Nationality in the Context of State Continuity
3 Presumption of Continuity of Nationality
4 Presumption of Automatic Change of Nationality
5 Relevance of State Succession Categories in Nationality Matters
6 Conclusions
11 Conclusions Concerning Nationality Laws of the Baltic States and the Russian Federation
1 The Russian Federation
2 The Baltic States
PART 4
Human Rights
12 Human Rights Aspects of the Regulation of Nationality
1 Introduction
2 The Right to a Nationality
3 The Non-discrimination Rule
4 The Principle of the Reduction of Statelessness
5 Conclusions
13 Human Rights Obligations of the Baltic States and Russia Applicable in Matters of Nationality
1 Introduction
2 Reception of International Human Rights Law in the National Legal Systems: Main Principles
3 The Right to a Nationality
4 The Non-discrimination Rule
5 Reduction of Statelessness
6 Conclusions
14 Nationality Laws and Minority Rights in the Baltic States
1 Introduction
2 Minorities in the Baltic States: Overview
3 Obligations Stemming from Minority Rights Relevant in Matters of Nationality
4 Minority Rights of Non-nationals
5 Future Challenges
PART 5
General Conclusions
General Conclusions
Statehood
State Continuity
Nationality
Human Rights
The Baltic States
The Russian Federation
Final Remarks
Bibliography
Index
