Lauri Mälksoo
Biographic Data
| ID | 5697472 |
|---|---|
| NAME | Lauri Mälksoo |
| GIVEN NAMES | Lauri |
| FAMILY NAME | Mälksoo |
| SIGNATURE | MÄLKSOO L |
| AFFILIATIONS | University of Tartu |
| ORCID | 0000-0001-6323-0573 |
| VERIFIED | Yes |
| TOTAL WORKS | 25 |
| TOTAL CITATIONS | 25 |
| AUTHOR COUNT | 21 |
| EDITOR COUNT | 4 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 3 |
The Cambridge History of International Law
Volume II of The Cambridge History of International Law breaks the mould of Eurocentric histories in the field by exploring international law in Asia from antiquity to decolonisation. Its twenty-six chapters span a vast geography, covering both the landmass and the oceans; offering accounts of statecraft and diplomacy, war and trade; marriage and gift-giving; treaty-making and dispute settlement; ideas of the human and 'the other'; and entangleme…
Table of Legislation
Table of Cases
Copyright Page
Application of the International Convention for the Suppression of the Financing of Terrorism and of International Convention on the Elimination of All Forms of Racial Discrimination ( Ukraine v. Russ…
Application of the International Convention for the Suppression of the Financing of Terrorism and of International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation), Judgment - Volume 118 Issue 3
A Rich But Contested History: The Role of European States and Lawyers in the History of International Law
This chapter offers a critical overview of the European States and lawyers in the history of international law. Can we still be proud of the contributions of Europeans in the history of international law when European empires were also responsible for colonialism and the 20th century witnessed several murderous totalitarian States in Europe? The chapter examines the extent to which we can say that international law was born in Europe and more gen…
The Baltic States
This chapter focuses on how the three Baltic States—the Republics of Estonia, Latvia, and Lithuania—have encountered international law. Created in 1918, these nations have had a tumultuous history, being illegally occupied and annexed by the Soviet Union from 1940 to 1991 (with the interlude of German occupation in 1941–1944). Nevertheless, the role of international legal arguments goes further back in time, including during the periods of the Li…
Völkerrecht à la russe: Multipolarität versus Universalität. Multipolarity versus Universality
International law is supposed to provide universally binding norms for the peaceful coexistence of states with equal rights. For some years, Russia has been turning away from this principle of universality and trying to establish its own regional international law regime, referencing a “multipolar world order.” For Russia, human rights, democracy, and the rule of law are no longer the pillars of international law, which also influences domestic s…
The Oxford Handbook of International Law in Europe
This handbook provides a comprehensive account of how international law is understood and practised in Europe, broadly defined for the purposes of the book as Council of Europe countries in the past and in the present. Its parts cover Europe’s values, intellectual traditions, and institutions as well as the approaches of individual European countries. A diverse group of leading scholars and practitioners of international law are led by three over…
Lauri Mälksoo, Review of Michael Riepl, Russian Contributions to International Humanitarian Law: A Contrastive Analysis of Russia’s Historical Role and Its Current Practice
This book could not be more timely: it had just published in early 2022 when, on
The Legacy of F.F. Martens and the Shadow of Colonialism
This article explores the colonialist legacy of the Russian international lawyer F.F. Martens (1845-1909) who is well known to contemporary international lawyers in particular thanks to the Martens Clause. The article highlights Martens’s activities legitimizing the Congo Free State, his publicist activity at the Revue de droit international et de legislation comparée and his quasi-legislative efforts at the Institut de Droit International, all e…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy: Jurisdictional Immunities – Redux (and Redux and Redux); 10 Good Reads; Rabia Balkhi – The Legacy of a Med…
International Law and the 2020 Amendments to the Russian Constitution
This Current Development Essay discusses the international legal implications of constitutional amendments adopted in the Russian Federation by an “all-Russian vote,” a quasi-referendum from June 25 to July 1, 2020. The most important of these amendments gives the Russian Constitution priority over decisions made by international courts and treaty bodies. The amendments also address Russia's state succession to the Soviet Union. Another provision…
Stalin’s Soviet Justice. ‘Show’ Trials, War Crimes Trials, and Nuremberg, edited by David M. Crowe
Onuma Yasuaki (1946–2018)
The Annexation of Crimea and Balance of Power in International Law
In this review essay, two recent books, one analysing the question of the Russian annexation of Crimea in 2014 directly and the other in the context of changing geopolitics and world order, are discussed. Parallels with war pamphlets in the 18th century, authored by Olaus Hermelin and Petr Shafirov in the context of the Great Nordic War, are drawn. Rein Müllerson’s suggestion that the world should return to balance-of-power politics in the contex…
Sources of International Law in the Nineteenth-Century European Tradition: Insights from Practice and Theory
This chapter examines how international lawyers arrived in 1920 at the codification of Article 38 in the Statute of the Permanent Court of International Justice (PCIJ, later ICJ). The codification is explained as a victory of legal positivist ideas over natural law concepts. An overview of the positions defended in the late nineteenth-century literature of international law demonstrates that the codification largely reflected predominant ideas in…
The Soviet Approach to the Right of Peoples to Self-determination: Russia’s Farewell to jus publicum europaeum
The aim of this article is to explore the theory and practice of the Soviet position on the right of peoples to self-determination in 1917 and afterwards. It is a misunderstanding to mention Lenin’s (the Bolsheviks’) and Wilson’s concepts of self-determination in one breath, as ‘precursors’ in international law. The Soviet concept of the right of peoples to self-determination was adopted for tactical and propagandistic purposes, and it had little…
International Legal Theory in Russia: A Civilizational Perspective, orCan Individuals be Subjects of International Law?
This chapter argues that the concept of ‘civilization’ may be a useful analytical lens to look through for making sense of international legal theory outside the West. Specifically, it focuses on international legal theory in Russia and in the Russian language, broadly sketching an international legal theory in the country from the mid-nineteenth century onwards. Throughout the last few centuries, other non-Western civilizations have struggled wi…
F.F. Martens and His Time: When Russia Was an Integral Part of the European Tradition of International Law
This introductory article opens the symposium which examines the legacy of the Russian international lawyer Friedrich Fromhold von (or Fyodor Fyodorovich) Martens (1845–1909). In the first section, the article critically reviews previous research and literature on Martens and discusses the importance of the Martens diaries that are preserved in a Moscow archive. In the second section, the article offers an intellectual portrait of Martens and ana…
Konstitutionalisierung im Völkerrecht. Konstruktion und Elemente einer idealistischen Völkerrechtslehre
Konstitutionalisierung im Völkerrecht. Konstruktion und Elemente einer idealistischen Völkerrechtslehre
Markin V. Russia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Kononov v. Latvia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Which Continuity? The Tartu Peace Treaty of 2 February 1920, the Estonian-Russian Border Treaties of 2005 and the Legal Debate about Estonia's Status in International Law
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
Soviet Genocide? Communist Mass Deportations in the Baltic States and International Law
The present article deals with international law problems that have arisen in the process of legal clarification of the state crimes committed during the Soviet occupation in the three Baltic states. Following the restoration of their independence in 1991, the Baltic states have sought to establish the historical truth about the mass crimes committed during the Nazi and Soviet occupations – Estonia's International History Commission recently publ…
F.F. Martens and His Time: When Russia Was an Integral Part of the European Tradition of International Law
This introductory article opens the symposium which examines the legacy of the Russian international lawyer Friedrich Fromhold von (or Fyodor Fyodorovich) Martens (1845–1909). In the first section, the article critically reviews previous research and literature on Martens and discusses the importance of the Martens diaries that are preserved in a Moscow archive. In the second section, the article offers an intellectual portrait of Martens and ana…
Soviet Genocide? Communist Mass Deportations in the Baltic States and International Law
The present article deals with international law problems that have arisen in the process of legal clarification of the state crimes committed during the Soviet occupation in the three Baltic states. Following the restoration of their independence in 1991, the Baltic states have sought to establish the historical truth about the mass crimes committed during the Nazi and Soviet occupations – Estonia's International History Commission recently publ…
International Law and the 2020 Amendments to the Russian Constitution
This Current Development Essay discusses the international legal implications of constitutional amendments adopted in the Russian Federation by an “all-Russian vote,” a quasi-referendum from June 25 to July 1, 2020. The most important of these amendments gives the Russian Constitution priority over decisions made by international courts and treaty bodies. The amendments also address Russia's state succession to the Soviet Union. Another provision…
The Annexation of Crimea and Balance of Power in International Law
In this review essay, two recent books, one analysing the question of the Russian annexation of Crimea in 2014 directly and the other in the context of changing geopolitics and world order, are discussed. Parallels with war pamphlets in the 18th century, authored by Olaus Hermelin and Petr Shafirov in the context of the Great Nordic War, are drawn. Rein Müllerson’s suggestion that the world should return to balance-of-power politics in the contex…
The Soviet Approach to the Right of Peoples to Self-determination: Russia’s Farewell to jus publicum europaeum
The aim of this article is to explore the theory and practice of the Soviet position on the right of peoples to self-determination in 1917 and afterwards. It is a misunderstanding to mention Lenin’s (the Bolsheviks’) and Wilson’s concepts of self-determination in one breath, as ‘precursors’ in international law. The Soviet concept of the right of peoples to self-determination was adopted for tactical and propagandistic purposes, and it had little…
The Legacy of F.F. Martens and the Shadow of Colonialism
This article explores the colonialist legacy of the Russian international lawyer F.F. Martens (1845-1909) who is well known to contemporary international lawyers in particular thanks to the Martens Clause. The article highlights Martens’s activities legitimizing the Congo Free State, his publicist activity at the Revue de droit international et de legislation comparée and his quasi-legislative efforts at the Institut de Droit International, all e…
Kononov v. Latvia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Soviet Genocide? Communist Mass Deportations in the Baltic States and International Law
The present article deals with international law problems that have arisen in the process of legal clarification of the state crimes committed during the Soviet occupation in the three Baltic states. Following the restoration of their independence in 1991, the Baltic states have sought to establish the historical truth about the mass crimes committed during the Nazi and Soviet occupations – Estonia's International History Commission recently publ…
Which Continuity? The Tartu Peace Treaty of 2 February 1920, the Estonian-Russian Border Treaties of 2005 and the Legal Debate about Estonia's Status in International Law
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
Kononov v. Latvia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Konstitutionalisierung im Völkerrecht. Konstruktion und Elemente einer idealistischen Völkerrechtslehre
Konstitutionalisierung im Völkerrecht. Konstruktion und Elemente einer idealistischen Völkerrechtslehre
Markin V. Russia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
F.F. Martens and His Time: When Russia Was an Integral Part of the European Tradition of International Law
This introductory article opens the symposium which examines the legacy of the Russian international lawyer Friedrich Fromhold von (or Fyodor Fyodorovich) Martens (1845–1909). In the first section, the article critically reviews previous research and literature on Martens and discusses the importance of the Martens diaries that are preserved in a Moscow archive. In the second section, the article offers an intellectual portrait of Martens and ana…
International Legal Theory in Russia: A Civilizational Perspective, orCan Individuals be Subjects of International Law?
This chapter argues that the concept of ‘civilization’ may be a useful analytical lens to look through for making sense of international legal theory outside the West. Specifically, it focuses on international legal theory in Russia and in the Russian language, broadly sketching an international legal theory in the country from the mid-nineteenth century onwards. Throughout the last few centuries, other non-Western civilizations have struggled wi…
The Soviet Approach to the Right of Peoples to Self-determination: Russia’s Farewell to jus publicum europaeum
The aim of this article is to explore the theory and practice of the Soviet position on the right of peoples to self-determination in 1917 and afterwards. It is a misunderstanding to mention Lenin’s (the Bolsheviks’) and Wilson’s concepts of self-determination in one breath, as ‘precursors’ in international law. The Soviet concept of the right of peoples to self-determination was adopted for tactical and propagandistic purposes, and it had little…
Sources of International Law in the Nineteenth-Century European Tradition: Insights from Practice and Theory
This chapter examines how international lawyers arrived in 1920 at the codification of Article 38 in the Statute of the Permanent Court of International Justice (PCIJ, later ICJ). The codification is explained as a victory of legal positivist ideas over natural law concepts. An overview of the positions defended in the late nineteenth-century literature of international law demonstrates that the codification largely reflected predominant ideas in…
Onuma Yasuaki (1946–2018)
The Annexation of Crimea and Balance of Power in International Law
In this review essay, two recent books, one analysing the question of the Russian annexation of Crimea in 2014 directly and the other in the context of changing geopolitics and world order, are discussed. Parallels with war pamphlets in the 18th century, authored by Olaus Hermelin and Petr Shafirov in the context of the Great Nordic War, are drawn. Rein Müllerson’s suggestion that the world should return to balance-of-power politics in the contex…
Stalin’s Soviet Justice. ‘Show’ Trials, War Crimes Trials, and Nuremberg, edited by David M. Crowe
The Legacy of F.F. Martens and the Shadow of Colonialism
This article explores the colonialist legacy of the Russian international lawyer F.F. Martens (1845-1909) who is well known to contemporary international lawyers in particular thanks to the Martens Clause. The article highlights Martens’s activities legitimizing the Congo Free State, his publicist activity at the Revue de droit international et de legislation comparée and his quasi-legislative efforts at the Institut de Droit International, all e…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy: Jurisdictional Immunities – Redux (and Redux and Redux); 10 Good Reads; Rabia Balkhi – The Legacy of a Med…
International Law and the 2020 Amendments to the Russian Constitution
This Current Development Essay discusses the international legal implications of constitutional amendments adopted in the Russian Federation by an “all-Russian vote,” a quasi-referendum from June 25 to July 1, 2020. The most important of these amendments gives the Russian Constitution priority over decisions made by international courts and treaty bodies. The amendments also address Russia's state succession to the Soviet Union. Another provision…
Lauri Mälksoo, Review of Michael Riepl, Russian Contributions to International Humanitarian Law: A Contrastive Analysis of Russia’s Historical Role and Its Current Practice
This book could not be more timely: it had just published in early 2022 when, on
A Rich But Contested History: The Role of European States and Lawyers in the History of International Law
This chapter offers a critical overview of the European States and lawyers in the history of international law. Can we still be proud of the contributions of Europeans in the history of international law when European empires were also responsible for colonialism and the 20th century witnessed several murderous totalitarian States in Europe? The chapter examines the extent to which we can say that international law was born in Europe and more gen…
The Baltic States
This chapter focuses on how the three Baltic States—the Republics of Estonia, Latvia, and Lithuania—have encountered international law. Created in 1918, these nations have had a tumultuous history, being illegally occupied and annexed by the Soviet Union from 1940 to 1991 (with the interlude of German occupation in 1941–1944). Nevertheless, the role of international legal arguments goes further back in time, including during the periods of the Li…
Völkerrecht à la russe: Multipolarität versus Universalität. Multipolarity versus Universality
International law is supposed to provide universally binding norms for the peaceful coexistence of states with equal rights. For some years, Russia has been turning away from this principle of universality and trying to establish its own regional international law regime, referencing a “multipolar world order.” For Russia, human rights, democracy, and the rule of law are no longer the pillars of international law, which also influences domestic s…
The Oxford Handbook of International Law in Europe
This handbook provides a comprehensive account of how international law is understood and practised in Europe, broadly defined for the purposes of the book as Council of Europe countries in the past and in the present. Its parts cover Europe’s values, intellectual traditions, and institutions as well as the approaches of individual European countries. A diverse group of leading scholars and practitioners of international law are led by three over…
Table of Legislation
Table of Cases
Copyright Page
Application of the International Convention for the Suppression of the Financing of Terrorism and of International Convention on the Elimination of All Forms of Racial Discrimination ( Ukraine v. Russ…
Application of the International Convention for the Suppression of the Financing of Terrorism and of International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation), Judgment - Volume 118 Issue 3
The Cambridge History of International Law
Volume II of The Cambridge History of International Law breaks the mould of Eurocentric histories in the field by exploring international law in Asia from antiquity to decolonisation. Its twenty-six chapters span a vast geography, covering both the landmass and the oceans; offering accounts of statecraft and diplomacy, war and trade; marriage and gift-giving; treaty-making and dispute settlement; ideas of the human and 'the other'; and entangleme…
Political science (21 works) · Law (13 works) · International Law and Human Rights (11 works) · International law (10 works) · Law (9 works) · International Law and Aviation (6 works) · Sociology (6 works) · Computer Science (5 works) · European and International Law Studies (5 works) · Historical and Contemporary Political Dynamics (5 works)