Acceptance of a Claim for State Continuity: A Question of International Law and its Consequences
This article provides an overview of the conflicting theoretical premises that characterize the debate and legal developments in international law in the fields of State succession and State continuity. It is argued that both identity and legal certainty principles have a role to play inthe modern...
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| Format: | Article |
| Language: | English |
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University of Latvia Press
2022-09-01
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| Series: | Law: Journal of the University of Latvia |
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| Online Access: | https://journal.lu.lv/jull/article/view/176 |
| _version_ | 1811234237484892160 |
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| author | Ineta Ziemele |
| author_facet | Ineta Ziemele |
| author_sort | Ineta Ziemele |
| collection | DOAJ |
| description |
This article provides an overview of the conflicting theoretical premises that characterize the debate and legal developments in international law in the fields of State succession and State continuity. It is argued that both identity and legal certainty principles have a role to play inthe modern understanding of State succession and State continuity. The article explains that the developments in international law and debate, especially those taking place within the so-called constitutionalist perspective on international law, provide for more support to the view taken by the Baltic states, when putting forward their claim to State continuity. The article argues that while international law does not determine the constitutional identity of a State, international law should be concerned with constitutional processes within the State since it is international law that attributes international consequences to these internal constitutional processes. The article sums up the most important legal issues regarding the claim to State continuity of Latvia.
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| first_indexed | 2024-04-12T11:33:20Z |
| format | Article |
| id | doaj.art-88f8333a0da340c1b1341a0431e3a75d |
| institution | Directory Open Access Journal |
| issn | 1691-7677 2592-9364 |
| language | English |
| last_indexed | 2024-04-12T11:33:20Z |
| publishDate | 2022-09-01 |
| publisher | University of Latvia Press |
| record_format | Article |
| series | Law: Journal of the University of Latvia |
| spelling | doaj.art-88f8333a0da340c1b1341a0431e3a75d2022-12-22T03:34:55ZengUniversity of Latvia PressLaw: Journal of the University of Latvia1691-76772592-93642022-09-019Acceptance of a Claim for State Continuity: A Question of International Law and its ConsequencesIneta Ziemele This article provides an overview of the conflicting theoretical premises that characterize the debate and legal developments in international law in the fields of State succession and State continuity. It is argued that both identity and legal certainty principles have a role to play inthe modern understanding of State succession and State continuity. The article explains that the developments in international law and debate, especially those taking place within the so-called constitutionalist perspective on international law, provide for more support to the view taken by the Baltic states, when putting forward their claim to State continuity. The article argues that while international law does not determine the constitutional identity of a State, international law should be concerned with constitutional processes within the State since it is international law that attributes international consequences to these internal constitutional processes. The article sums up the most important legal issues regarding the claim to State continuity of Latvia. https://journal.lu.lv/jull/article/view/176statestate continuitystate successiondecolonizationself-identificationself-determination |
| spellingShingle | Ineta Ziemele Acceptance of a Claim for State Continuity: A Question of International Law and its Consequences Law: Journal of the University of Latvia state state continuity state succession decolonization self-identification self-determination |
| title | Acceptance of a Claim for State Continuity: A Question of International Law and its Consequences |
| title_full | Acceptance of a Claim for State Continuity: A Question of International Law and its Consequences |
| title_fullStr | Acceptance of a Claim for State Continuity: A Question of International Law and its Consequences |
| title_full_unstemmed | Acceptance of a Claim for State Continuity: A Question of International Law and its Consequences |
| title_short | Acceptance of a Claim for State Continuity: A Question of International Law and its Consequences |
| title_sort | acceptance of a claim for state continuity a question of international law and its consequences |
| topic | state state continuity state succession decolonization self-identification self-determination |
| url | https://journal.lu.lv/jull/article/view/176 |
| work_keys_str_mv | AT inetaziemele acceptanceofaclaimforstatecontinuityaquestionofinternationallawanditsconsequences |