"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Sunday, August 26, 2018

The Legal Doctrine of Continuity of State on the Example of Latvia and the Baltic States in the Aftermath of Russian Occupation

We finally have concrete evidence that all the work that we did on the law of Latvia and the Baltic States -- together with Professor Dietrich André Loeber and others at the University of Kiel from 1974-1979, Institut für Ostrecht -- was well worth the effort. For background, see The Rule of Law in Russia and Eastern Europe : Dietrich André Loeber : Andis Kaulins : Kiel : Institut für Ostrecht : Latvian Law Research.

The Latvian Supreme Court has issued a judgment which directly references our work in applying our then emphasized legal doctrine of "continuity of state" to Latvia and the Baltic States in general in the aftermath of Russian occupation.

See THE LATEST ISSUE OF “JURISTA VĀRDS” DEDICATED TO BALTIC GERMAN LEGAL SCHOLAR DIETRICH ANDRÉ LOEBER AND THE JUDGMENT OF THE SUPREME COURT REGARDING HIS SON’S CITIZENSHIP

As written in that article by Rasma Zvejniece, Head of the Division of Communication of the Latvian Supreme Court, E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 2865221:

"With the help of the senator's son, the rulings of the Senate were republished in the restored Latvia, and Dietrich André Loeber was the first to encourage today's judges to use the findings of judgments of the Senate of the Republic of Latvia in their work, which is the "gold mine" for legal opinions, that have retained their significance even nowadays."
That's OUR work back in the 1970's, which the mass of jurists in Kiel and elsewhere thought to be a theoretical waste of time. Think again, folks. Loeber was a visionary, and he saw what was coming in the then Soviet Union. You did not. As it turns out, we were the REALOS, and you were the erring theorists. 

As one can see in the article, in the case at issue, it is our emphasized "doctrine of the continuity of state", that was the root of our work, which has led to Loeber's eldest son to recover his otherwise lost Latvian citizenship.