Research Catalog

State continuity and nationality : the Baltic States and Russia : past present and future as defined by international law

Title: State continuity and nationality : the Baltic States and Russia : past present and future as defined by international law / Ineta Ziemele.
Author: Ziemele, Ineta.
Publication: Leiden ; Boston : M. Nijhoff, ©2005.

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Details

Description

xxvi, 424 pages; 25 cm

Summary

Upon the breakup of the Soviet Union and the independence of the Baltic states of Estonia, Latvia, and Lithuania, the Russian Federation argued that all residents of the Baltic states should be granted immediate local nationality in order to protect them against discrimination and human rights abuses, a position that was disputed by the Baltic states, which argued that they had been occupied by the Soviet Union and therefore had no responsibilities vis-a-vis Russian-speaking residents residing in their borders. The International Law Commission subsequently took up the debate. This work analyzes the legal issues of territorial change and nationality in terms of this controversy, insisting that the two issues cannot be considered separately. After outlining the legal views of the four involved states in regards to their international positions and their domestic law and the views of the international community concerning the states' legal status, the author outlines the development of the normative concept of statehood. He then evaluates the relevant principles and rules of international law that have developed a normative framework for regulating nationality, attempting to establish whether and how the principle of continuity of nationality applies in different situations of state continuity. He argues that if a state as a subject of international law does not change, than nationality does not change and the principle of continuity of nationality should apply.

Subject

Bibliography (note)

Includes bibliographical references (p. [395]-416) and index.

Contents

1. The persisting significance of nationality -- 2. State continuity and nationality : an overview of the issues and the limits of inquiry -- 3. Claims 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 concerning nationality 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.

ISBN

9004142959
9789004142954

LCCN

2006276323

OCLC

ocm57170584
57170584
SCSB-8890452

Owning Institutions

Princeton University Library