scholarly journals ‘IUS POSTLIMINII’ JAKO PODSTAWA UZNANIA CIĄGŁOŚCI PRZEDWOJENNYCH I DZISIEJSZYCH PAŃSTW BAŁTYCKICH

2016 ◽  
Vol 14 (1) ◽  
pp. 7 ◽  
Author(s):  
Karol Karski
Keyword(s):  
International Law ◽  
Second World War ◽  
Roman Law ◽  
Military Force ◽  
Baltic States ◽  
The Status ◽  
International Legal Order ◽  
The Moment ◽  
The Baltic ◽  
Second World

‘IUS POSTLIMINII’ AS THE GROUNDS FOR THE RECOGNITION OF CONTINUITY BETWEEN THE PRE-WAR AND THE PRESENT-DAY BALTIC STATESSummaryPostliminium was applied to describe the status of a Roman citizen who was taken captive during a war and then regained his freedom. If he managed to return from captivity, then the moment he crossed the border of the Roman state, legally his rights and legal relationships were restored (though with some exceptions). This institution has become part of international law and has developed a life of its own. Hardly anyone remembers the Roman origins of many legal constructs, though they are still in force. This is the strength of Roman law. One of the examples of the application of Roman law constructs may be observed in the Baltic States, which were annexed by the USSR in 1940. Due to the change in international law which occurred at the turn of the 1920s and 30s in outcome of the Briand-Kellogg Pact, the acquisition of territory as a result of the use of military force in contravention of its provisions was no longer admissible. In 1991 the Baltic States regained their independence. By proclaiming it, they took the position that they were continuing their inter-war statehood and that all the international agreements they had concluded until 1940 were still valid. The present-day Baltic States are not regarded as legal successors of the USSR. This means that a state conforming to international law has been restored and an end put to an illegal occupation. The example of the Baltic States shows that ius postliminii is a permanent feature of the international legal order. Lithuania, Latvia, and Estonia may have lost their independence for 50 years, but subsequently they returned as states to the international community. They are regarded as identical with those states which were annexed during the Second World War by the USSR. They have been restored and continue to exercise all the rights and obligations they had before 1940.

Slav non-citizens in the Baltics

1994 ◽  
Vol 2 (2) ◽  
pp. 113-137
Author(s):  
Bart Driessen
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Self Determination ◽  
Baltic States ◽  
Citizenship Rights ◽  
Customary International Law ◽  
The Soviet Union ◽  
The Status ◽  
The Baltic ◽  
Large Groups

AbstractThis study argues that customary international law obliges the Baltic states to accept the Slav populations as an integral part of the Baltic peoples. The history and collapse of the Soviet Union has produced large groups of Slav immigrants to remain in the Baltic states. They are not automatically granted citizenship rights in Estonia and Latvia, as they have to prove to qualify for naturalisation. People descending from the inter-War citizenry do ipso facto qualify for citizenship. First the nature of the coming-to-independence of the Baltic states is analysed, after which the law on self-determination is investigated. The de facto recognition of the Soviet annexation by most of the international community is seen as the watershed as far as the status of the Baltic states is concerned; from then on they were for all practical purposes part of the Soviet Union. Following an analysis of the applicable norms of customary international law, a scrutiny of relevant Baltic legislation is presented.

‘We Forgot All Jews and Poles’: German Women and the ‘Ethnic Struggle’ in Nazi-occupied Poland

2001 ◽  
Vol 10 (3) ◽  
pp. 447-461
Author(s):  
Elizabeth Harvey
Keyword(s):  
Division Of Labour ◽  
Second World War ◽  
German Population ◽  
World War ◽  
Nazi Regime ◽  
Baltic States ◽  
Ethnic Germans ◽  
The Baltic ◽  
Second World ◽  
Jewish Populations

During the Second World War, the Nazi regime sent thousands of German women to occupied Poland to work with the ethnic German population, comprising native ethnic Germans and resettlers from the Baltic states, eastern Poland and Romania. They were to be trained to act as model colonisers for the newly conquered territories. Meanwhile the non-German population was subjugated and terrorised. This article examines what German women witnessed in Poland and how far they can be seen as complicit in acts of violence and injustice committed against Poles and Jews. To what extent did a gendered division of labour prevent women actively being involved in or witnessing acts committed against the Polish and Jewish populations? Did a construct of ‘womanly work’ help women to ‘look away’ from the evidence of oppression and persecution?

scholarly journals Polityka państw bałtyckich wobec Rzeczypospolitej Polskiej i III Rzeszy na przełomie marca i kwietnia 1939 roku w ocenie wileńskiej ekspozytury oddziału II Sztabu Głównego Wojska Polskiego

2018 ◽  
Vol 9 (1) ◽  
pp. 359-367
Author(s):  
Tomasz Gajownik
Keyword(s):  
Foreign Policy ◽  
Second World War ◽  
World War ◽  
Baltic States ◽  
Military Intelligence ◽  
Field Station ◽  
The Republic ◽  
The Baltic ◽  
Second World

Polish military intelligence had prepared a lot of analysis about political and military situations in the countries around the Republic of Poland. It was a kind of belaying towards potential Polish-German conflict. The issues of the Baltic States were interested a military intelligence’s field station in Vilnius. A few months before the Second World War has begun, Vilnius’s station prepared some analysis of domestic and foreign policy of Lithuania, Latvia and Estonia. One of them had discussed most important consequences of occupation of Klaipeda by German’s Wehrmacht. Additionally, in these documents, one can be read about multilateral policy of the Baltic Entente.

scholarly journals The status and the future of Baltic States and Romania in the strategy of Western Allies in the early years of the Second World War: a comparative view

2010 ◽  
Vol 2 (1) ◽  
pp. 93-109
Author(s):  
Ramojus Kraujelis
Keyword(s):  
Soviet Union ◽  
The United States ◽  
Second World War ◽  
Early Years ◽  
Eastern European ◽  
World War ◽  
Baltic States ◽  
Post War ◽  
The Baltic ◽  
Second World

The fate of Lithuania and Romania as well as future of the whole Central and Eastern European region was determined in the years of the Second World War. The common origin of their tragic and painful history was the Molotov-Ribbentrop Pact – the secret deal between Soviet Union and Nazi Germany, which divided Central and Eastern Europe between two totalitarian regimes. In June 1940 the three Baltic States and a part of Romania were directly occupied and annexed by the Soviet Union. The main objective of this paper is to identify, analyze and compare the attitudes of the United States and Great Britain with respect to the annexation of the Baltic States and the Romania territory and discussed the post-war future reserved to them. During the early years of the Second Word War (1940-1942) few interesting international discussions about possible post-war arrangement plans existed. The analysis of the Western attitude would enable us to give answers to certain questions: What could have been done by the Western states for the benefit of Central and Eastern European region; what have they, in fact, done and what did they avoid doing? The year 1943 witnessed the consolidation of the Western attitude with regard to Soviet Union’s western borders, which resulted in the fundamental fact that Moscow did not intend to retract its interests in the Baltic States, Eastern Poland, North Bucovina and Bessarabia while the West did not intend to fight for these territories. Considering the fact that at the Teheran conference (1943) the Western states agreed upon turning the Baltic states into a Soviet interest sphere, the United States and Britain entered the Yalta conference (1945) with no illusions as to the fate of Central and Eastern Europe in general.

International Administration of Holocaust Compensation: The International Commission on Holocaust Era Insurance Claims (ICHEIC)

2008 ◽  
Vol 9 (11) ◽  
pp. 1651-1692
Author(s):  
Steven Less
Keyword(s):  
International Law ◽  
Large Scale ◽  
Important Change ◽  
Second World War ◽  
Past Century ◽  
Human Beings ◽  
The Holocaust ◽  
The Status ◽  
Nazi Persecution ◽  
Second World

The most important change in public international law over the past century has been a re-direction of its focus exclusively on states to a broadened scope of subjects including, most importantly, individual human beings. This shift in the status of individuals may be directly traced to the widely acknowledged need, in the aftermath of the Second World War, for a more adequate response to the Holocaust and other large-scale atrocities than that offered by traditional international law. Substantive concerns led to the development of human rights law. Victims' demands for compensation or restitution for the material injuries caused by genocidal Nazi persecution spurred a parallel procedural revolution. The innovation lay in national and international recognition of individuals' rights to assert such claims on their own behalf against their own governments, foreign states and foreign private entities.

scholarly journals Attitudes of the Soviet Union and Germany Towards the Question of Vilnius Between the World Wars

2000 ◽  
Vol 5 (1) ◽  
pp. 131-160
Author(s):  
Zenonas Butkus
Keyword(s):  
Soviet Union ◽  
Second World War ◽  
World War ◽  
Baltic States ◽  
Extensive Experience ◽  
The Soviet Union ◽  
The First World War ◽  
The Baltic ◽  
Second World ◽  
First World

The aim of this article is to examine the attitudes of the Soviet Union and Germany towards the problem of Vilnius in the period between the First and Second World Wars. The article is based mainly on unpublished documents from Lithuanian, Latvian, Estonian, German and Soviet archives. The problem under review emerged after the First World War, when Poland occupied the capital of Lithuania, Vilnius, and kept it under its control almost until the Second World War. Lithuania refused to recognize the situation, and between the two countries there arose a conflict, which was instigated by the Soviet Union and Germany, as they did not want the Baltic States and Poland to create a defence union. The Soviet Union and Germany worked hand in hand in dealing with this conflict. In the process of its regulation they acquired quite an extensive experience in diplomatic co-operation, which they applied successfully in establishing the spheres of their influence in the Baltic States in 1939.

scholarly journals The Role of Legal Translation in the Interpretation of International Law Documents

2019 ◽  
Vol 7 (1) ◽  
pp. 55-86
Author(s):  
Mansour Farrokhi
Keyword(s):  
International Law ◽  
Roman Law ◽  
The European Union ◽  
Plain Language ◽  
International Court Of Justice ◽  
Legal Translation ◽  
International Court ◽  
The Status ◽  
International Legal Order ◽  
The One

In this paper, legal translation and its role in the interpretation of international law documents have been taken into consideration, both from a theoretical and a practical perspective. As far as theoretical aspects are concerned, legal translation in the light of civil law (Roman law) and common law systems, the status of legal translation in international law, the principles of plain language, and the equivalence of legal words are discussed. Accordingly, the interconnection between legal translation and interpretation of international law documents has been examined. As regards the practical perspective, the practice of the International Court of Justice, as well as applicable rules of the World Trade Organization and the European Union in respect of legal translation, has been discussed. The study carried out shows that due to the nature of international law and different foundations, goals, structures, sources and concepts of international legal order on the one hand, and divergent legal and cultural characteristics, as well as non-equivalent technical terms of various legal systems on the other, legal translators, who are inevitably influenced by their own national laws, are confronted with many profound difficulties.

scholarly journals The “Liberating Germanisation” of Latvia, Lithuania, and Estonia: Documents and Facts

2020 ◽  
Vol 8 (3) ◽  
Author(s):  
Julia Kantor
Keyword(s):  
Third Reich ◽  
Second World War ◽  
Baltic States ◽  
Nazi Occupation ◽  
Archival Documents ◽  
The Third Reich ◽  
The Baltic ◽  
National Languages ◽  
Military Units ◽  
Second World

In many ways, the perception and comprehension of the Second World War form the basis for the historical self-identification of several generations. They are also a sphere of political manipulation. For instance, in the Baltic states, the Nazi occupation, interpreted as a means of “the liberation from the Soviets”, is a widespread ideologeme. Participation in military activities or service in the rear divisions under the swastika flag are interpreted as a “struggle for independence” there. Reference to archival documents about the actual plans, methods, and results of the leaders of the Third Reich as related to the Baltic states and their titular nations makes it possible to study the events that took place in the region between 1941 and 1944. The author refers to a collection of materials of the operational headquarters of Reichsleiter Rosenberg in Riga kept in the Latvian State Historical Archive (Latvijas Valsts Vēstures arhīvs), the documents of the “Riga Trial” kept the Central Archive of the FSB of Russia, and the most recent historiography. Special attention is paid to the actual plans of the Reich leaders concerning the process of granting Latvia, Lithuania, and Estonia independence, the functioning of self-government, and the actions of the occupational authorities towards the national languages, cultures, and education of the “unpromising nations”, i. e. Lithuanians, Latvians, and Estonians. The article also examines the establishment of SS formations and other military units made up by representatives of the Baltic peoples and the economic aspects of Nazi policy in “Ostland”.

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