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State continuity of the Baltic states describes the continuity of the Baltic states as legal entities under international law〔Ziemele (2005). p118.〕 while under Soviet rule and German occupation from 1940 to 1991. The prevailing opinion accepts the Baltic thesis of illegal occupation and the actions of the USSR are regarded as contrary to international law in general and to the bilateral treaties between the USSR and the Baltic states in particular.〔Eisemann (2000). p. 731.〕 This legal continuity has been recognised by most Western powers and is reflected in their state practice.〔Elsuwege (2003). p. 378.〕 The application of the Stimson Doctrine by the Welles Declaration〔 where a significant segment of the international community refused to grant formal approval for the Soviet conquest,〔 the resistance by the Baltic people to the Soviet regime, and the uninterrupted functioning of rudimentary state organs in exile support the legal position that sovereign title never passed to the Soviet Union, which implied that occupation ''sui generis'' (''Annexionsbesetzung'' or "annexation occupation") lasted until re-independence in 1991.〔Mälksoo (2003), p. 193.〕 Thus the Baltic states continued to exist as subjects of international law.〔D. Zalimas, ''Legal and Political Issues on the Continuity of the Republic of Lithuania'', 1999, 4 Lithuanian Foreign Policy Review 111–12.〕〔RUSSIAN-SPEAKING MINORITIES IN ESTONIA AND LATVIA: PROBLEMS OF INTEGRATION AT THE THRESHOLD OF THE EUROPEAN UNION, PETER VAN ELSUWEGE, ECMI Working Paper # 20 April 2004.〕 The official position of Russia is a continuation of the Soviet position that Estonia, Latvia, and Lithuania were not annexed by the Soviet Union but joined of their own accord in 1940.〔Elsuwege (2008). p. 64.〕 Russia insists that incorporation of the Baltic states gained international ''de jure'' recognition by the agreements made in the Yalta and Potsdam conferences and by the Helsinki accords.〔〔 They have also argued that in accordance to the internal Soviet laws and constitution, restoration of independence was illegal and the Baltic republics could only become newly created sovereign entities via the secession laws of the USSR.〔Elsuwege (2003). p. 379.〕 According to this position, all previous treaties, such as the Treaty of Tartu,〔Which Continuity: The Tartu Peace Treaty of 2 February 1920, the Estonian-Russian Border Treaties of 18 May 2005, and the Legal Debate about Estonia’s Status in International Law, MÄLKSOO, L., 10 ''Juridica International'' 1(2005), pp.144–149〕 are invalidated, and all possible claims by Baltic states for monetary compensation have no legal basis.〔(''МИД РФ: Запад признавал Прибалтику частью СССР'' ), grani.ru, May 2005〕〔(''Комментарий Департамента информации и печати МИД России в отношении "непризнания" вступления прибалтийских республик в состав СССР'' ), Ministry of Foreign Affairs (Russia), 7 May 2005〕〔(''Comments by the Russian Foreign Ministry Information and Press Department in Connection with Remarks by Some European Politicians Regarding the "Occupation" of the Baltic Countries by the Soviet Union and the Need for Russia to Condemn This'' ), Ministry of Foreign Affairs (Russia), 4 May 2005〕 This alternate thesis on continuity of the Baltic states and its related consequences has fueled a fundamental confrontation between Russia and the Baltic states.〔Ziemele (2005). p. 386.〕〔Elsuwege (2003). p. 386.〕 The legal principle, ''ex injuria jus non oritur'' (law cannot arise from unjust acts), differs from the competing principle of ''ex factis jus oritur'' (the facts determine the law).〔Elsuwege (2003). p. 378.〕 On one hand, legal recognition of Baltic incorporation on the part of other sovereign nations outside the Soviet bloc was largely withheld based on the fundamental legal principle of ''ex injuria jus non oritur'', since the annexation of the Baltic states was held to be illegal.〔For a legal evaluation of the annexation of the three Baltic states into the Soviet Union, see K. Marek, ''Identity and Continuity of States in Public International Law'' (1968), 383–91〕 On the other hand, ''de facto'' interruption of statehood〔Mälksoo (2003), p. 265.〕 due to foreign occupation for a period of fifty years〔Elsuwege (2003). p. 378〕 did indeed occur, giving a place to the legal principle of ''ex factis jus oritur'',〔 as well as irrevocable territory and demographic changes that make the Baltic case much more complex than mere ''restitutio in integrum'' (a restoration of—in this case—territorial integrity).〔Elsuwege (2003). p. 387-388,〕 ==Historical background== The four countries on the Baltic Sea that were formerly parts of the Russian Empire – Finland, Estonia, Latvia and Lithuania – consolidated their borders and independence after the Estonian, Latvian and Lithuanian independence wars following the end of World War I by 1920 (see Treaty of Tartu, Latvian-Soviet Riga Peace Treaty and Soviet-Lithuanian Treaty of 1920). The European Great Powers accorded ''de jure'' recognition of Estonia and Latvia on January 26, 1921 and Lithuania on December 20, 1922. The United States extended ''de jure'' recognition to all three states on July 28, 1922.〔Marek (1968). p. 369.〕 All three Peace treaties between the respective Baltic states and Soviet Russia identically enshrined the right of self-determination and Russia renounced all previous rights and claims as final and permanent. This principle self-determination reflected one of four key principles proclaimed by Lenin and Stalin on November 15, 1917 in the Declaration of the Soviet Government:〔Marek (1968). p. 370.〕 "The right for Russia's peoples of free self-determination even unto separation and establishment of independent states." With the creation of the Union of Soviet Socialist Republics on July 6, 1923, the new union had adopted all treaties entered into previously by Soviet Russia and the original peace treaties continued to be a basis for relations between the USSR and the respective Baltic states. In the subsequent decade, several bilateral and multilateral treaties and agreements regulating relations were entered into: *Protocol to bring into force the Pact of Paris (to which all four parties were original signatories), signed in Moscow on February 9, 1929, renouncing war as an instrument of national policy *bilateral Treaties of Non-Aggression signed with the respective Baltic states and the Soviet Union between 1926 and 1932 *Conciliation conventions related to the Non-Aggression treaties *Convention for the Definition of Aggression signed in London in July, 1933 This Convention for the Definition of Aggression, an initiative of the Soviet Government, defined in Article 2 various acts as aggression, including naval blockades. The Convention also stipulates that "No political, military, economic or other consideration may serve as an excuse or justification for the aggression referred to in Article 2." 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「State continuity of the Baltic states」の詳細全文を読む スポンサード リンク
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