Baltic Yearbook of International Law, Volume 21 (2022)

Series: 

The Baltic Yearbook of International Law is published under the auspices of the Baltic Editorial Board within the framework of cooperation between the Riga Graduate School of Law and Brill/Nijhoff Publishers. The Yearbook aims to bring to the international debate issues of importance in the Baltic States, providing a forum for views on topical international law themes from Baltic and international scholars. The first volume appeared in 2001 with a symposium on the question of the international legal status of the Baltic States.

The Yearbook contains state practice reports from Estonia, Latvia and Lithuania and thus serves as an important source of international law unavailable elsewhere.

From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.

Volume 21 is published during Russia’s ongoing war on Ukraine. This war – in terms of its modus operandi and the scale of atrocities committed – is only too familiar to the historical memory of the Baltic nations. This issue therefore includes papers from a Baltic Yearbook online seminar organized on 19 September 2022 on the theme of “Russia’s War in Ukraine and the Baltic States”. The seminar departed from the premise that the war which the Russian Federation is waging against the independence and territorial integrity of Ukraine shares notable parallels with Soviet aggression against the Baltic States of 1939/1940, leading to fifty long years of unlawful occupation. The key question that international lawyers – especially in the Baltic States – are asking is whether international law in 2022, as compared to the inter-war period, is more consolidated and offers legal tools necessary to address such a grave violation of international law as the Russian Federation has been committing against Ukraine. The comparison of ‘then’ and ‘now’ appears to attest in favour of today’s international legal order, with more instruments and greater will to use them to counter particularly grave challenges to the foundational values of that legal order. The perspective from within the Baltic States on aspects of international law relevant to determine Russia’s responsibility for the war against Ukraine is undoubtedly of wider interest.

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Editorial Note The Baltic States and Russia’s War against Ukraine
   Ineta Ziemele

Special Theme: The Baltic States and Russia’s War against Ukraine

 Use of Force and Circumstances Excluding Responsibility in International Law
   Vilenas Vadapalas

 Exclusion of the Russian Federation from the Council of Europe and the echr : an Overview
   Andrew Drzemczewski and Rick Lawson

 Old Wine in New Bottles: Latvia 1940 Compared with Crimea 2014
   Janis Grasis

 Temporary Protection of Ukrainians and Baltic Refugees in the Context of Aggression: Approaches, Challenges, Solutions
   Lyra Jakulevičienė

 The Forest Brothers in the Soviet-Occupied Baltic States
   Meit Grossmann

General Articles
 Justification or Discovery? – A New Way to a Fuller Understanding of the Law on Treaty Interpretation
   Ulf Linderfalk

 The Soviet View on Democracy in International Law
   Sevanna Poghosyan

Elements of Practices of the Baltic States in International Law
 Republic of Latvia Materials on International Law 2021
   Edited by Vineta Bei

 Republic of Lithuania Materials on International Law 2021
   Edited by Andrius Bambalas and Saulius Katuoka

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