Book contents
- Frontmatter
- Contents
- Abbreviations
- Acknowledgements
- Foreword
- Table of treaties
- Table of case law
- Table of UN documents
- Table of domestic legislation and similar acts
- Table of documents of intergovernmental organizations
- 1 Introduction
- 2 The case studies
- 3 The obligation of non-recognition
- 4 The effect of transition on treaty relations of the territory
- 5 The effect of transition on the domestic law of the territory
- 6 The effect of transition on settlers implanted by illegal regimes
- 7 The effect of transition on land titles
- 8 Conclusions: Non-recognition and transition
- Selected bibliography
- Index
- References
2 - The case studies
Published online by Cambridge University Press: 05 July 2011
Book contents
- Frontmatter
- Contents
- Abbreviations
- Acknowledgements
- Foreword
- Table of treaties
- Table of case law
- Table of UN documents
- Table of domestic legislation and similar acts
- Table of documents of intergovernmental organizations
- 1 Introduction
- 2 The case studies
- 3 The obligation of non-recognition
- 4 The effect of transition on treaty relations of the territory
- 5 The effect of transition on the domestic law of the territory
- 6 The effect of transition on settlers implanted by illegal regimes
- 7 The effect of transition on land titles
- 8 Conclusions: Non-recognition and transition
- Selected bibliography
- Index
- References
Summary
The Baltic states
The annexation of the Baltic states by the USSR
Caught between the USSR and Germany ever since their emergence as independent states following the First World War, Estonia, Latvia and Lithuania (the Baltic states) had to handle their relations with their two neighbours with great care. With the advent of Nazi Germany, this became increasingly difficult. The three states signed individual non-aggression pacts with the USSR, but evaded proposals for guarantees of closer protection, which would have entailed the stationing of Soviet troops on their territories.
On 23 August 1939 the Soviet and German foreign ministers signed the Treaty of Nonaggression between Germany and the USSR (the Molotov-Ribbentrop Pact), to which a secret Supplementary Protocol provided,
On the occasion of the signature of the Nonaggression Pact between the German Reich and the Union of Socialist Soviet Republics the undersigned plenipotentiaries of each of the two parties discussed in strictly confidential conversations the question of the boundary of their respective spheres of influence in Eastern Europe. These conversations led to the following conclusions:
1. In the event of a territorial and political rearrangement in the areas belonging to the Baltic states (Finland, Estonia, Latvia, Lithuania), the northern boundary of Lithuania shall represent the boundary of the spheres of influence of Germany and the USSR …
- Type
- Chapter
- Information
- Transition from Illegal Regimes under International Law , pp. 16 - 70Publisher: Cambridge University PressPrint publication year: 2011
References
, ‘The Achievement of Independence in the Baltic States and Its Justifications’ (1992) 6 Emory International Law Review 253, 266Google Scholar
, The Baltic Revolution: Estonia, Latvia, Lithuania and the Path to Independence (New Haven: Yale University Press, 1993), 79–80Google Scholar
, ‘The Occupation of the Baltic States from a Present-Day Perspective’, in (ed.), The Baltic States at Historical Crossroads (Riga: Academy of Sciences of Latvia, 1998), 480Google Scholar
, ‘Les Républiques Baltes en droit international, échec d'une annexion opérée en violation du droit des gens’ (1991) 37 Annuaire Français de droit international 259, 267
, ‘The Annexation of the Baltic States’, 430–442
A/S Tallinna Laevauhisus v. Tallinna Shipping Co; Hansard HC Volume 433 Column 5 (10 February 1947), cited in In the Estate of Feivel Pikelny (1955)
Volume 776 Column 583 (22 January 1969)
Volume 172 Column 172 (8 May 1990)
Estonian States Cargo and Passenger Line v. S S Elise and Messrs Laane and Balster (1949)
, Recognition of Governments in International Law: With Particular Reference to Governments in Exile (Oxford: Clarendon, 1998)Google Scholar
(ed.), Zimbabwe in Transition (Almqvist & Wiksell International in co-operation with the Africa Institute of South Africa, Stockholm, 1992)Google Scholar
, ‘Status of Rhodesia in International Law’ (1967) Acta Juridica39'
, ‘The Status of Rhodesia in International Law’ (1973) Acta Juridica
, ‘Rhodesia: Does South Africa Recognize It as an Independent State?’ (1977) 94 South African Law Journal127Google Scholar
and , ‘Rhodesians Never Die’: The Impact of War and Political Change on White Rhodesia, c. 1970–1980 (Oxford: Oxford University Press, 1993)CrossRefGoogle Scholar
, UDI: The International Politics of the Rhodesian Rebellion (London: Faber & Faber, 1973)Google Scholar
, Rhodesia and the Law: A Commentary on the Constitutional and International Law Aspects of the Rhodesian Situation (Wellington: New Zealand Institute of International Affairs, 1970)Google Scholar
and (eds.), Past and Present in Zimbabwe (Manchester: Manchester University Press in association with Africa Journal of the International African Institute, 1983)Google Scholar
, The United Nations and Rhodesia: A Study in International Law (New York: Praeger, 1974)Google Scholar
, The United Nations, International Law and the Rhodesian Independence Crisis
, Collective Responses to Illegal Acts in International Law, 17–23
, ‘Talking without Negotiating: The Case of Rhodesia’ (1979–1980) 39 International Journal91CrossRefGoogle Scholar
, Peacemaking in Civil War: International Mediation in Zimbabwe, 1974–1980 (Boulder, CO: Lynne Rienner, 1991)Google Scholar
, ‘The International League for Human Rights and South West Africa 1947–1957: The Human Rights NGO as Catalyst in the International Legal Process’ (1981) 3 Human Rights Quarterly101CrossRefGoogle Scholar
, ‘Legal Aspects of Investment in Namibia (South West Africa)’, in , , and (eds.), The Role of Foreign Firms in Namibia: Studies on External Investment and Black Workers' Conditions in Namibia (Uppsala: Africa Publications Trust, 1974) 183Google Scholar
, Recognition and the United Nations, 111
, ‘The Contradictions of Independence: Namibia in Transition’ (1991) 46 International Journal (Canadian Institute of International Affairs)687Google Scholar
, ‘Namibia in International Context: The Frustration of Independence’, in (ed.), Namibia 1884–1984: Readings on Namibia's History and Society (London: Namibia Support Committee, 1984)Google Scholar
, ‘Namibia: A Transatlantic View’ (1987) 3 South African Journal on Human Rights347CrossRefGoogle Scholar
, Namibia: Sacred Trust of Civilization, Ideal and Reality (Windhoek: Gamsberg MacMillan, 2003)Google Scholar
, ‘The Constitution of Namibia: An Example of a State Emerging under Close Supervision and World Scrutiny’ (1991) 34 German Yearbook of International Law568Google Scholar
(ed.), Namibia: Views and Perspectives since Independence (Windhoek: Konrad-Adenauer Stiftung eV in co-operation with the Namibia Institute for Democracy, 1992)Google Scholar
, ‘Statement on the Elections Process’, in and (eds.), The Namibian Peace Process: Implications and Lessons for the Future (Freiburg: Arnold Bergstrasser Institute, 1994)Google Scholar
, ‘Legal Pitfalls on the Road to Namibian Independence’ (1979–1980) 12 New York University Journal of International Law and Policy375Google Scholar
, ‘Namibia: The 1982 Constitutional Principles and Their Legal Significance’ (1989–1990) 15 South African Yearbook of International Law1Google Scholar
, ‘Constitutional Implications of the Reincorporation for the Homelands’ (July 1990) 16(7) South African Foundation Review4Google Scholar
, ‘International Law Tensions Arising from the South African Situation 1976–1986’ (1987) Acta Juridica165
, ‘La non-reconnaissance du Transkei’ (1976) 22 Annuaire français de droit international63CrossRefGoogle Scholar
(ed.), The Long Journey: South Africa's Quest for a Negotiated Settlement (Johannesburg: Ravan, 1993)Google Scholar
, ‘Nonrecognition of the Independence of Transkei’ (1978) 10 Case Western Reserve Journal of International Law167Google Scholar
, Conflict at the Crossroads in Bophuthatswana (Johannesburg: South African Institute of Race Relations, 1993)Google Scholar
, ‘The Transkei: South Africa's Illegitimate Child’ (1977) 12 New England Law Review585Google Scholar
, ‘Reincorporation of the TBVC States – International Law Practice and Constitutional Implications’ (1990) 16 South African Yearbook of International Law119Google Scholar
, ‘The Case of East Timor from the Perspective of Jus Cogens’, in International Law and the Question of East Timor (London: CIIR-IPJET, 1995)Google Scholar
, The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice (Oxford: Clarendon Press, 1996), 281–292Google Scholar
, ‘The Diplomacy on East Timor: Indonesia, the United Nations and the International Community’, in and (eds.), Out of the Ashes: Destruction and Reconstruction of East Timor (Adelaide: Crawford House, 2003)Google Scholar
, A Review of Peace Operations: A Case of Change (London: King's College, 2003), 215–323Google Scholar
East Timor Case, Counter-memorial of the Government of Australia (1 June 1992), [175]–[176]
East Timor Case, Rejoinder of the Government of Australia (1 July 1993), [44]–[54]
(ed.), East Timor and the International Community: Basic Documents (Cambridge: Cambridge University Press, 1997)
and , ‘East Timor (Port v Austl)’ (1996) 90 American Journal of International Law94, 94–98Google Scholar
, ‘Timor Gap: The Legality of the “Treaty on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia”’, in and (eds.), East Timor at the Crossroads: The Forging of a Nation (London: Cassell, 1995)Google Scholar
, ‘Obligations of Third States in the Face of Illegality – Ruminations Inspired by the Weeramantry Dissent in the Case Concerning East Timor’, in and (eds.), Legal Visions of the 21st Century: Essays in Honour of Judge Christopher Weeramantry (The Hague: Kluwer Law International, 1998)Google Scholar
, ‘The General Assembly, the International Court and Self-Determination’, in , International Law as an Open System (London: Cameron May, 2002)Google Scholar
, ‘The East Timor Story: International Law on Trial’ (2001) 12 European Journal of International Law651CrossRefGoogle Scholar
, ‘The Timor Gap: Who Decides Who Is in Control’ (1998) 26 Denver Journal of International Law and Policy655Google Scholar
and , ‘Self-Determination Undetermined: The Case of East Timor’ (1996) 9 Leiden Journal of International Law185CrossRefGoogle Scholar
, ‘The Crux of the Cyprus Problem’ (1999) 4 Perceptions 5
, Our Republic in Perspective (Lefkoşa 1985)
, ‘The Turkish Republic of Northern Cyprus: Statehood and Recognition’ (1996) 2 Journal of Cyprus Studies3Google Scholar
, ‘The Legal System of the Turkish Republic of Northern Cyprus’ (1998) 4 Journal of Cyprus Studies213Google Scholar
, ‘Some Aspects of International Jus Cogens as Formulated by the International Law Commission’ (1967) 61 American Journal of International Law946, 952CrossRefGoogle Scholar
, Rescuing Nationals Abroad through Military Coercion and Intervention on Grounds of Humanity (Dordrecht: Martinus Nijhoff, 1985), 130–134Google Scholar
‘EU mulls Turk-Cypriot trade link’, Kathimerini, 19 May 2004
‘The Outlook for Cyprus after the Failure of the Referendum’, European Parliament News Report, 27 April 2004; ‘American Business Delegation to North Cyprus’
US Department of State Daily Briefing, 18 February 2005