Ineta Ziemele’s research while affiliated with Riga Graduate School of Law and other places

While Europe is crowded with national, ethnic, linguistic and religious minorities, only a handful of indigenous peoples still live on the continent. Among them are the Sami of Finland, Norway, Russia and Sweden; the Circassians, Inuit, Komi and Nenets of Russia; and the Crimean Tatars, Karaites and Krymchaks of Ukraine. These groups are considered indigenous on the basis of self-identification, original or early settlement on the territories where they live, and long histories and cultures which differ significantly from the majority of populations. The Livs of Latvia also belong to the list.

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.

Latvia claimed its continuity as a State after fifty years of unlawful occupation by the Soviet Union. International law contains several criteria for substantiating a claim for continuity of a State. Latvia attempted to ensure the continuity of the four elements of statehood and pre-occupation legal obligations both on the international and the national level.