State Continuity and Nationality: The Baltic States and Russia

Past, Present and Future as Defined by International Law

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.

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Ineta Ziemele is the Söderberg Professor of International Law and Human Rights at the Riga Graduate School of Law in Latvia and a Visiting Professor at the Raoul Wallenberg Institute for Human Rights and Humanitarian Law, Lund University, Sweden. The book is a substantially revised and expanded version of a Ph.D. thesis that was defended under the supervision of Professor James Crawford at the Faculty of Law of the University of Cambridge.
'It is the great merit of Dr Ziemele’s work that she locates the specific questions of interest to the Baltic States and their peoples within the general framework of international law...The result is a valuable account both of the specific and the general.'
James Crawford, Whewell Professor of International Law, University of Cambridge.
Table of Contents;
Table of Cases;
1. The Persisting Significance of Nationality;
2. State Continuity and Nationality: an Overview of the Issues and the Limits of Inquiry;
3. Claimes of the Baltic States to State Continuity;
4. The View of the Russian Federation concerning its International Legal Status;
5. International Reactions to the Claims of the Baltic States and the Russian Federation;
6. Assessment of Claims to State Continuity in an International Law Context;
7. The Regulation of Nationality in the Baltic States;
8. The Regulation of Nationality in the Russian Federation;
9. The Regulation of Nationality in International Law;
10. The Regulation of Nationality in Situations of Territorial Change: Selected State Practice;
11. Conclusions Concercing Nationaltiy Laws of the Baltic States and the Russian Federation;
12. Human Rights Aspects of the Regulation of Nationality;
13. Human Rights Obligations of the Baltic States and Russia Applicable in Matters of Nationality;
14. Nationality Laws and Minority Rights in the Baltic States
General Conclusions; Statehood; State Continuity; Nationality; Human Rights; The Baltic States; The Russian Federation;
Final Remarks;
Selected Studies and Reports on the Baltic States and the Russian Federation;
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