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From government in exile to consulate-general in New York: continuity of the Republic of Estonia

Author:
Issue 2000/6
Pg 385-394

Summary

Although Estonia was occupied by the Soviet Union for 52 years, 24 February 1918 is still considered the birthday of the Republic of Estonia and the present Republic of Estonia as a legal subject continues from the one proclaimed in 1918. Thus, the constitutional institutions set up in 1992 recognised the role of the exile government in preserving the continuity of the Republic of Estonia.
The author raises the question how to evaluate this manner and ideology of restoring the constitutional state authority and the actual role of the exile government in maintaining the continuity of the Republic of Estonia. The author seeks to answer the posed question by analysing the continuity of the Republic of Estonia from the viewpoint of practice and theory of international law.
The author examines the main facts concerning recognition of the continuity of the Republic of Estonia in international practice and further analyses the international practice in the light of theories of international law.
As a result of the analysis, the author reaches the conclusion that the people of Estonia played even a more important role in preserving the continuity of the Republic of Estonia than the government in exile as the people expressly supported the restoration of the Republic during 1989 - 1991. Also, the author regards recognition of the idea of continuity of the Republic of Estonia by several other states as essential. Nevertheless, the author does not undervalue the role of the exile government as it helped to win support to the idea of continuity among the citizens of the Republic of Estonia.

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