scholarly journals Doctrine of State Continuity. Latvia’s Experience

2021 ◽  
Vol 14 ◽  
pp. 91-110
Author(s):  
Ineta Ziemele ◽  
◽  
Ainārs Lerhis ◽  
Jānis Pleps ◽  
Jānis Lazdiņš ◽  
...  
Keyword(s):  
Soviet Union ◽  
International Law ◽  
The State ◽  
Nazi Germany ◽  
Coup D'etat ◽  
The Soviet Union ◽  
The Republic

The article examines the scope and consequences the continuity of the Republic of Latvia in several domains and places them within a broader context of Latvia’s history. Firstly, it describes and analyses some functions of the State of Latvia which continued to be performed during the years of occupation by the USSR and Nazi Germany (1940–1990) and, secondly, the significance of the de iure effect of the Satversme of the Republic of Latvia of 15 February 1922 during the years of occupation and following the restoration of the independence of the state. The authors advance the thesis that the occupation regimes of the communist USSR and Nazi Germany failed to extinguish the existence of the Republic of Latvia as an internationally recognised subject of international law, moreover, Latvia in practice did not discontinue performing some functions of the state. Of course, full restoration of the independence of the state on the basis of values enshrined in the Satversme occurred only after coup d’état in the Soviet Union.

Is a Peace Treaty with Germany Legally Possible and Politically Desirable?

1947 ◽  
Vol 41 (6) ◽  
pp. 1188-1193 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
Soviet Union ◽  
International Law ◽  
The United States ◽  
Essential Elements ◽  
National Government ◽  
The State ◽  
Peace Treaty ◽  
Sovereign State ◽  
The Soviet Union ◽  
Mutual Relations

By its complete defeat, the surrender of its armed force, and the abolishment of its national government, Germany has ceased to exist as a sovereign state and subject of international law. By the Declaration of Berlin, June 5, 1945, the four Powers occupying the country—the United States of America, the United Kingdom, the Soviet Union, and the French Republic—assumed “supreme authority with respect to Germany including all powers possessed by the German Government, the High Command, and any state, municipal, or local government or authority.” This meant that the four occupant Powers have assumed sovereignty over the former German territory and its population, though the term “sovereignty” was not used in the text of the Declaration. The four occupant Powers exercise their joint sovereignty through the Control Council, established at Berlin as the legitimate successor of the last national government of Germany. All this is in complete conformity with general international law, which authorizes a victorious state, after so-called debellatio of its opponent, to establish its own sovereignty over the territory and population of the subjugated state. Debellatio implies automatic termination of the state of war. Hence, a peace treaty with Germany is legally not possible. For a peace treaty presupposes the continued existence of the opponent belligerents as subjects of international law and a legal state of war in their mutual relations.The opposite doctrine, advocated by some authorities and governments, that Germany, in spite of the fact that there exists no independent national government, not even a “government in exile,” still exists as a sovereign state, that the four occupant Powers are not the sovereigns in relation to the German territory and its population, that they only exercise Germany's sovereignty just as a warden exercises the rights of his ward, is manifestly based on a legal fiction. According to international law, a community is a state if, and as long as, a certain population is living on a definite territory under an independent government. If one of these three essential elements of a state in the sense of international law is missing, the state as a subject of international law disappears, or, in other words, the community ceases to exist as a sovereign state. No state can exercise the sovereignty of another state. State sovereignty does not permit representation or substitution.

Professor Uluots, the Estonian Government in Exile and the Continuity of the Republic of Estonia in International Law

2000 ◽  
Vol 69 (3) ◽  
pp. 289-316
Author(s):  
Keyword(s):  
Soviet Union ◽  
International Law ◽  
20Th Century ◽  
Legal Practice ◽  
Baltic States ◽  
The Soviet Union ◽  
Foreign Occupation ◽  
The Republic ◽  
The Baltic

AbstractInternational legal practice in the 20th century is rich in challenging cases of state continuity and extinction. One of those cases is the preservation of the continuity of the Baltic states throughout 51 years of foreign occupation and annexation. After decades of non-recognition of Soviet annexation by leading Western powers, the present-day Baltic republics have not been seen as successor states of the Soviet Union, but as identical with the independent Baltic states of 1918–1940. How could the continuity of the Baltic states be preserved, especially as the Soviet Union had effectively and seemingly “forever”established its control over the Baltic republics? This article focuses on the Estonian situation, laying out the events of 1944 which led to the proclamation of the new constitutional government, and after the country was for the second time occupied by the Soviet army, to the creation of an Estonian government in exile. One of the main questions asked in this article is whether and how the Estonian government in exile contributed to the preservation of the continuity of the Republic of Estonia. Both legal and political aspects played a role in the preservation of the continuity of the Republic of Estonia, and for various reasons, the role of the Estonian government in exile was not exactly that of “the” preserver of state continuity.

‘Deus Vult!’ The Idea of Crusading in Finnish Clerical War Rhetoric, 1941–1944

2017 ◽  
Vol 24 (3) ◽  
pp. 362-385
Author(s):  
Jouni Tilli
Keyword(s):  
Soviet Union ◽  
The State ◽  
Nazi Germany ◽  
Lutheran Church ◽  
The Soviet Union ◽  
War Rhetoric ◽  
Winter War ◽  
The Church

Finland’s Winter War (1939–40) against the Soviet Union had been defensive, but the so-called Continuation War that broke out in June 1941 was not. This offensive operation in alliance with Nazi Germany demanded a thorough justification. The Lutheran clergy were important in legitimizing the war because the priests were de jure officials of the state, as well as of the church. Also, nearly 96 per cent of Finns belonged to the Lutheran Church. This article analyses how the Lutheran clergy used crusading imagery in the Continuation War, 1941–4, strategically shifting the emphasis as the war progressed.

scholarly journals Buryatia in the Days of the Great Patriotic War of 1941–45: Documentary Evidence

2021 ◽  
pp. 633-639
Author(s):  
Alexander A. Ivanov ◽  
Keyword(s):  
World War Ii ◽  
Soviet Union ◽  
Central Committee ◽  
The State ◽  
Record Keeping ◽  
The Soviet Union ◽  
Great Patriotic War ◽  
Red Army ◽  
The Republic ◽  
State Plan

The review is dedicated to the collection “Buryatia in the days of the Great Patriotic War: 1941–45,” compiled from documents stored in the fonds of the State Archive of the Republic of Buryatia (GARB). The publication includes over 400 documents revealing various aspects of the republic inhabitants’ activities in the wartime. Documents are grouped into two sections. The first section mostly contains previously unpublished record keeping materials: decisions of local bodies of Soviet power at various levels, extracts from meetings of party committees, resolutions of rallies, reports on fulfillment and overfulfillment of state plan for supplying industrial and agricultural products, as well as appeals of workers and collective farmers to the Central Committee of the CPSU (B) and to J. V. Stalin personally. Some documents reveal the scale of uncompensated assistance provided by the residents of Buryatia, who gave money, livestock, and personal belongings to the state Defense Fund. Of interest is published correspondence with the command of partisan detachments, formed in part from residents of the republic, reports on trips to the front with labour gifts, and other documents. The second section contains sources of personal provenance: diaries and correspondence of military personnel called to the front from the republic and letters from the inhabitants of Buryatia to the army. Among the documents in this section there are excerpts from the diary of the Hero of the Soviet Union V. B. Borsoev, which is being published for the first time in this volume. The author describes the first period of World War II, the difficulties in supplying the warring army, the inability of the Red Army to fight and that of the commanders to control the troops. Front-line letters from soldiers and officers to their relatives and friends tell of the exploits and everyday life of the warring army, of the desire to defeat the enemy as quickly as possible and to return to peaceful life in the republic. The letters of the Kozulin brothers – Ivan, Alexei and Alexander, tankers who died in 1941–42, will undoubtedly attract the readers’ attention. The documents of the collection create a holistic picture of life and production activities of the population of Buryatia in the days of the war, reflect the complex and dramatic process of the regional economy restructuring for the needs of the country's defense, convey the labour heroism of industrial and agricultural workers and creative intelligentsia of the republic. The materials of the book recreate a true picture of those events, greatly enrich our knowledge on the life of the population of Buryatia in 1941–45, and, undoubtedly, serve as a valuable source for historians and for those interested in the topic.

scholarly journals Recognition of the state in modern international law (on the example of Kosovo)

2020 ◽  
pp. 18-22
Author(s):  
Kateryna Yefremova ◽  
Ivanna Maryniv
Keyword(s):  
Soviet Union ◽  
International Law ◽  
The State ◽  
Main Body ◽  
Legal Doctrine ◽  
Constitutive Theories ◽  
Current State ◽  
International Recognition ◽  
The Soviet Union ◽  
Definition Of

Problem setting. International science has long been discussing the mechanism of legal recognition of newly created states. And in general the need for the existence of such an international legal institution as the recognition of states. If until the twentieth century this institution was considered as a purely theoretical component of the science of public international law, then with the collapse of the Soviet Union, Yugoslavia, Czechoslovakia, more than twenty new statessubjects of international law were formed. The need for their recognition by the international community has actualized the interest in this institution in international law. However, since then, the mechanism and criteria for such recognition have not been unified. Therefore, for example, the situation with the recognition of Kosovo still remains quite ambiguous. Target of research. The purpose of this study is the trace genesis of the development of the institution of recognition of states in international law, provide a doctrinal definition and scientific criteria for the recognition of states. On the example of Kosovo to analyze the current state of privately defined states in terms of their powers in the international arena. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: L. V. Shpakovsky, V. V. Ishchenko, T. V. Tsymbrivsky, P. V. Otenko, Yu. P. Ignatiuk, I. Ye. Khmelyova, A. I. Grigorshin. This question has been studied among foreign researchers: E. A. Kholina, R. Karaev, D. A. Budko. Article’s main body. The article considers the main approaches to the institution of international recognition of states. Examples of criteria for such recognition are proposed by both international legal doctrine and international organizations in the process of their functioning and interaction with states. Declarative and constitutive theories of recognition of states are analyzed. It also examines the current state and status of Kosovo as a partially recognized state. Conclusions and prospects for the development. The problem of international recognition of the state is extremely important and needs to be resolved as soon as possible. That the very ability of recognized national institutions to respond quickly to the principles of society and geopolitical changes are the marketing dynamics of the development of the entire world community. In this regard, it is appropriate to systematize and harmonize the existing norms on the international definition of states and to carry out their further codification. Since most countries of the world still recognized Kosovo as a newly created state, in our opinion, such recognition is appropriate for all other countries. For other unrecognized territories, each case of recognition of new countries before the creation of a single codified act should be considered individually and not through the prism of the formation of Kosovo.

Russian Protectionism: Problems of Institutional Heritage

2012 ◽  
pp. 96-114
Author(s):  
L. Tsedilin
Keyword(s):  
Economic Policy ◽  
Soviet Union ◽  
Foreign Trade ◽  
Economic Integration ◽  
The State ◽  
New Economic Policy ◽  
The Soviet Union ◽  
State Monopoly ◽  
The Times ◽  
Soviet Experience

The article analyzes the pre-revolutionary and the Soviet experience of the protectionist policies. Special attention is paid to the external economic policy during the times of NEP (New Economic Policy), socialist industrialization and the years of 1970-1980s. The results of the state monopoly on foreign trade and currency transactions in the Soviet Union are summarized; the economic integration in the frames of Comecon is assessed.

The development of trade relations between the Republic of Cyprus and the Soviet Union (1960-1963)

2020 ◽  
Vol 2020 (10-3) ◽  
pp. 258-263
Author(s):  
Argyrios Tasoulas
Keyword(s):  
Soviet Union ◽  
Bilateral Trade ◽  
Historical Analysis ◽  
Berlin Wall ◽  
International Crises ◽  
Trade Relations ◽  
The Soviet Union ◽  
The Russian Federation ◽  
The Republic ◽  
Republic Of Cyprus

This article studies the development of Soviet-Cypriot trade relations in 1960-63, based on research at the Archives of Foreign Policy of the Russian Federation (AVP RF). Concurrently, a historical analysis follows the events after the creation of the new Cypriot state and the two major Cold War crises (the building of the Berlin wall and the Cuban missile crisis). The efforts made by both governments to develop bilateral trade, the aftermath of the two major international crises and the results of the two governments’ policies have been identified and analyzed.

Condition of the Armenian Apostolic Church at the Time of Coming to Authority N. S. Khrushchev

2020 ◽  
pp. 245-265
Author(s):  
Арсен Артурович Григорян
Keyword(s):  
Soviet Union ◽  
Research Methods ◽  
Russian Federation ◽  
National Archive ◽  
The State ◽  
State Archive ◽  
The Soviet Union ◽  
The Usa ◽  
The Russian Federation ◽  
Apostolic Church

Цель данной статьи - описать условия, в которых Армянская Апостольская Церковь вступила в эпоху правления Н. С. Хрущёва, начавшуюся в 1953 г. По содержанию статью можно поделить на две части: в первой даются сведения о количестве приходов на территории Советского Союза и за его пределами, а также о составе армянского духовенства в СССР; во второй излагаются проблемы, существовавшие внутри Армянской Церкви, и рассматриваются их причины. Методы исследования - описание и анализ. Ценность исследования заключается в использовании ранее неопубликованных документов Государственного архива Российской Федерации и Национального архива Армении. По итогам изучения фактического материала выделяются основные проблемы Армянской Апостольской Церкви на 1953 г.: финансовый дефицит, конфликт армянских католикосатов и стремление враждующих СССР и США использовать церковь в своих политических целях. The purpose of this article is to describe the conditions in which the Armenian Apostolic Church entered the epoch of the reign of N. S. Khrushchev, which began in 1953. The article can be divided into two parts: first one gives information about the number of parishes in the territory of the Soviet Union and beyond, and about the structure of the Armenian clergy in the USSR; the second one sets out the problems that existed in the Armenian Church and discusses their causes. Research methods - description and analysis. The value of the study lies in the use of previously unpublished documents of the State Archive of the Russian Federation and the National Archive of Armenia. Based on the results of studying the materials, the main problems of the Armenian Apostolic Church in 1953 are: financial deficit, the conflict of Armenian Catholicosates and the eagerness of USSR and the USA, that feuded with each other, to use the Сhurch for their political purposes.

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