EUR  â¬272.40EUR  â¬227.00 excl. VAT
State Continuity and Nationality: The Baltic States and Russia
Past, Present and Future as Defined by International Law. Second Revised Edition
Author:
This work was award as one of the Latvian Academy of Sciencesâ Most Significant Achievements in Fundamental Research in 2025.
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.
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.
Ineta Ziemele is Judge at the Court of Justice of the European Union and Professor of International Law at the Riga Graduate School of Law in Latvia. Since 2017 she is a corresponding Member of the Latvian Academy of Sciences. She has served as President of the Latvian Constitutional Court and Judge on the European Court of Human Rights and President of Section. She received her legal education at the University of Latvia, Lund University (M.I.L.) and University of Cambridge (Ph.D.) and held Chevening, Fulbright, and Max Planck Institute for Comparative Public and International Law research scholarships. She is the founder and co-editor-in-chief of the Baltic Yearbook of International Law and member of advisory or editorial boards of the European Convention on Human Rights Law Review and International Journal on Minority and Groups Rights.
âSince the return of the Baltic States to independence, the development of their nationality law, the balancing of their claim to national unity and the rights to be granted to the Soviet-time settlers has been of the greatest concern for these countries as a matter both of secure existence and of human rights. The author of the present work, Judge Ineta Ziemele, has probably been the most influential individual contributor to this process, both in her academic work and in her role as a domestic as well as European Judge. In her book she thus reviews and updates a story to which she herself has been an actor. Putinâs restorative imperialism behind Russia âs war of aggression against Ukraine makes this book essential reading."
Munich/The Hague, March 2025
Bruno Simma, Emeritus Professor, Ludwig-Maximilians-Universität München and a former judge of the International Court of Justice (ICJ).
âIt is great merit of Dr. Ziemeleâs 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."
Cambridge, November 2005
James Crawfordâ , at the time Whewell Professor of International Law, University of Cambridge
Munich/The Hague, March 2025
Bruno Simma, Emeritus Professor, Ludwig-Maximilians-Universität München and a former judge of the International Court of Justice (ICJ).
âIt is great merit of Dr. Ziemeleâs 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."
Cambridge, November 2005
James Crawfordâ , at the time Whewell Professor of International Law, University of Cambridge
Contents
Foreword to the First Edition
Preface to the Second Edition
Table of Cases
List of Abbreviations
âPART 1
Introduction
1 State Continuity and Nationality: An Overview of the Issues and the Limits of Inquiry
2 The Persistent Significance of Nationality
âPART 2
The State
3 Claims of the Baltic States to State Continuity
â1 Introduction
â2 Estonia
â3 Latvia
â4 Lithuania
â5 Conclusions
4 The View of the Russian Federation Concerning Its International Legal Status
â1 Introduction
â2 Constitutional Developments since 1990
â3 Continuity of the Russian Federation in the 1993 Constitution
â4 Other Principles of the Constitution
â5 Conclusions
5 International Reactions to the Claims of the Baltic States and the Russian Federation
â1 Introduction
â2 The Practice of International Organisations
â3 Bilateral Relations
â4 Conclusions
6 Assessment of Claims to State Continuity in an International Law Context
â1 Introduction
â2 International Legal Personality of States
â3 Statehood in International Law
â4 State Continuity and/or Identity
â5 State Succession v. State Continuity
âPART 3
Nationality
7 The Regulation of Nationality in the Baltic States
â1 Introduction
â2 Estonia
â3 Latvia
â4 Lithuania
â5 Conclusions
8 The Regulation of Nationality in the Russian Federation
â1 Introduction
â2 The Constitutional Provisions
â3 The 1991 Law on Citizenship
â4 The Right of a Child to Russian Nationality
â5 Federal Law on State Policy Regarding Compatriots Abroad
â6 The 2002 Citizenship Law
â7 The 2023 Citizenship Law
â8 Commentary
9 The Regulation of Nationality in International Law
â1 Introduction
â2 International Law Concept of Nationality
â3 The Historical Overview
â4 Modern Developments
â5 Relevant Customary International Law and General Principles of International Law
â6 The Effective Link Principle
â7 Validity of Nationality in International Law
â8 Conclusions
10 The Regulation of Nationality in Situations of Territorial Change: Selected State Practice
â1 Introduction
â2 Principles Relating to Nationality in the Context of State Continuity
â3 Presumption of Continuity of Nationality
â4 Presumption of Automatic Change of Nationality
â5 Relevance of State Succession Categories in Nationality Matters
â6 Conclusions
11 Conclusions Concerning Nationality Laws of the Baltic States and the Russian Federation
â1 The Russian Federation
â2 The Baltic States
âPART 4
Human Rights
12 Human Rights Aspects of the Regulation of Nationality
â1 Introduction
â2 The Right to a Nationality
â3 The Non-discrimination Rule
â4 The Principle of the Reduction of Statelessness
â5 Conclusions
13 Human Rights Obligations of the Baltic States and Russia Applicable in Matters of Nationality
â1 Introduction
â2 Reception of International Human Rights Law in the National Legal Systems: Main Principles
â3 The Right to a Nationality
â4 The Non-discrimination Rule
â5 Reduction of Statelessness
â6 Conclusions
14 Nationality Laws and Minority Rights in the Baltic States
â1 Introduction
â2 Minorities in the Baltic States: Overview
â3 Obligations Stemming from Minority Rights Relevant in Matters of Nationality
â4 Minority Rights of Non-nationals
â5 Future Challenges
âPART 5
General Conclusions
General Conclusions
âStatehood
âState Continuity
âNationality
âHuman Rights
âThe Baltic States
âThe Russian Federation
âFinal Remarks
Bibliography
Index
Foreword to the First Edition
Preface to the Second Edition
Table of Cases
List of Abbreviations
âPART 1
Introduction
1 State Continuity and Nationality: An Overview of the Issues and the Limits of Inquiry
2 The Persistent Significance of Nationality
âPART 2
The State
3 Claims of the Baltic States to State Continuity
â1 Introduction
â2 Estonia
â3 Latvia
â4 Lithuania
â5 Conclusions
4 The View of the Russian Federation Concerning Its International Legal Status
â1 Introduction
â2 Constitutional Developments since 1990
â3 Continuity of the Russian Federation in the 1993 Constitution
â4 Other Principles of the Constitution
â5 Conclusions
5 International Reactions to the Claims of the Baltic States and the Russian Federation
â1 Introduction
â2 The Practice of International Organisations
â3 Bilateral Relations
â4 Conclusions
6 Assessment of Claims to State Continuity in an International Law Context
â1 Introduction
â2 International Legal Personality of States
â3 Statehood in International Law
â4 State Continuity and/or Identity
â5 State Succession v. State Continuity
âPART 3
Nationality
7 The Regulation of Nationality in the Baltic States
â1 Introduction
â2 Estonia
â3 Latvia
â4 Lithuania
â5 Conclusions
8 The Regulation of Nationality in the Russian Federation
â1 Introduction
â2 The Constitutional Provisions
â3 The 1991 Law on Citizenship
â4 The Right of a Child to Russian Nationality
â5 Federal Law on State Policy Regarding Compatriots Abroad
â6 The 2002 Citizenship Law
â7 The 2023 Citizenship Law
â8 Commentary
9 The Regulation of Nationality in International Law
â1 Introduction
â2 International Law Concept of Nationality
â3 The Historical Overview
â4 Modern Developments
â5 Relevant Customary International Law and General Principles of International Law
â6 The Effective Link Principle
â7 Validity of Nationality in International Law
â8 Conclusions
10 The Regulation of Nationality in Situations of Territorial Change: Selected State Practice
â1 Introduction
â2 Principles Relating to Nationality in the Context of State Continuity
â3 Presumption of Continuity of Nationality
â4 Presumption of Automatic Change of Nationality
â5 Relevance of State Succession Categories in Nationality Matters
â6 Conclusions
11 Conclusions Concerning Nationality Laws of the Baltic States and the Russian Federation
â1 The Russian Federation
â2 The Baltic States
âPART 4
Human Rights
12 Human Rights Aspects of the Regulation of Nationality
â1 Introduction
â2 The Right to a Nationality
â3 The Non-discrimination Rule
â4 The Principle of the Reduction of Statelessness
â5 Conclusions
13 Human Rights Obligations of the Baltic States and Russia Applicable in Matters of Nationality
â1 Introduction
â2 Reception of International Human Rights Law in the National Legal Systems: Main Principles
â3 The Right to a Nationality
â4 The Non-discrimination Rule
â5 Reduction of Statelessness
â6 Conclusions
14 Nationality Laws and Minority Rights in the Baltic States
â1 Introduction
â2 Minorities in the Baltic States: Overview
â3 Obligations Stemming from Minority Rights Relevant in Matters of Nationality
â4 Minority Rights of Non-nationals
â5 Future Challenges
âPART 5
General Conclusions
General Conclusions
âStatehood
âState Continuity
âNationality
âHuman Rights
âThe Baltic States
âThe Russian Federation
âFinal Remarks
Bibliography
Index
Researchers, practitioners, policymakers and anyone else interestedin human rights, minorty & group rights, and international law.