Illegal Annexation and State Continuity: The Case of the Incorporation of the Baltic States by the USSR : a Study of the Tension Between Normativity and Power in International Law

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Martinus Nijhoff Publishers, 2003 - Law - 373 pages
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.

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About the author (2003)

Lauri Mälksoo defended his doctoral dissertation under the supervision of Professor Christian Tomuschat at the Faculty of Law of the Humboldt University Berlin. The dissertation was conferred an award by the Humboldt University Library Society "Friends of the Faculty of Law". Dr. Mälksoo now works as counselor for the Estonian Legal Chancellor (ombudsman) and as lecturer of international and European law at the University of Tartu.

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