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Border Treaty, Re, Kariņš and ors v Parliament of Latvia and Cabinet of Ministers of Latvia, Constitutional Review, Case No 2007-10-0102, ILDC 884 (LV 2007), 29th November 2007, Constitutional Court



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Whether Latvia's consent to the deployment of USSR troops to Latvia on 16 June 1940 was valid.

Whether deployment of USSR troops in Latvia on 17 June 1940 constituted aggression.

Whether international law as it was in 1940 imposed an obligation not to recognize acquisition of territory attained by unlawful use of force.

Whether the principle of inviolability of frontiers in Article 3 of the Helsinki Final Act referred only to changes of state borders resulting from use of force or to any territorial claims.

Whether the phrase ‘observing the principle of inviolability of frontiers established by the Organization of Security and Cooperation in Europe’ in Article 1 of the Law on the Republic of Latvia and the Russian Federation Treaty on State Border of Latvia and Russia constituted a reservation to the Treaty on the State Border of Latvia and Russia.

Keywords: Aggression; Boundaries; General principles of international law; Intertemporal law; Occupation; Peace treaties; Peremptory norms / ius cogens; Recognition; Recognition of governments; Recognition of states; State succession; States, formation, continuity, extinction; Territory, acquisition and transfer; Treaties, interpretation; Treaties, reservations and declarations; Use of force; Use of force, prohibition; Use of force, threat

Legal Material.  122894 words. 

Subjects: Public International Law ; International Law ; Law

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