%0 Journal Article
%T N ukogude Liidu okupatsioon ja anneksioon ning aegumatud kuriteod Eesti Vabariigi ja Venemaa F deratsiooni suhetes
%A Arnold Sinisalu
%J Acta Societatis Martensis
%D 2006
%I 
%X [Soviet Occupation and Annexation, and Imprescriptible International Crimes in the Relations of Estonia and the Russian Federation] The report studies the views of Russia on the occupation and annexation of Estonia and Russia¡¯s attitude to the investigation of imprescriptible international crimes. A thesis is presented that Russia bases its approach to international law on the realist school, while the approach of Estonia is considered to be guided by a mixture of politically orientated jurisprudence and new wave. Considering Russia¡¯s approach, it is examined whether Estonia can exercise foreign legal policy. By abstracting a theory presented in Eric Berne¡¯s book Games People Play it is claimed that Russia treats Estonia with the attitude of a parent and Estonia does not understand that Russia in this role will never take Estonia as an equal partner. On the basis of that thesis, the report analyzes the views of some of Russia¡¯s representatives (Stanislav T ernit enko, Mihhail Demurin and Konstantin Kossat ov), whose political and legal arguments shape Russia¡¯s action towards Estonia. Estonia¡¯s arguments are studied on the example of the investigation of imprescriptible international crimes and two decisions of the European Court of Human rights (Kolk & Kislyiy v. Estonia, Penart v. Estonia) by which the country has indirectly asserted its positions through foreign legal policy. One of the decisions became the basis of an article in the Journal of International Criminal Justice by Antonio Cassese. Eric Berne¡¯s theory can be used as a basis in further studies of international relations.
%U http://www.martens.ee/acta/2/240-248_Sinisalu.pdf