Law: Journal of the University of Latvia (Nov 2021)

Doctrine of State Continuity. Latvia’s Experience

  • Ineta Ziemele,
  • Ainārs Lerhis,
  • Jānis Pleps,
  • Jānis Lazdiņš

DOI
https://doi.org/10.22364/jull.14.06
Journal volume & issue
no. 14

Abstract

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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.

Keywords