ANDREJEVA v. LATVIA JUDGMENT – SEPARATE OPINION
49
succession versus State continuity (see, mutatis mutandis, the Separate
Opinion of Judge Higgins in the Oil Platforms case, judgment of
6 November 2003, ICJ, §§ 45-46). It is still a case about alleged
discriminatory treatment in the enjoyment of the alleged right to property
following the demise of a State.
20. In practice, the Court has regularly been mindful of the other
applicable rules of international law when determining how the Convention
provisions should apply. The cases of Prince Hans-Adam II of Liechtenstein
(cited above) and Al-Adsani v. the United Kingdom ([GC], no. 35763/97,
ECHR 2001-XI), among others, are eminent examples. In all of these cases,
even if they raise different questions under international law, the common
feature is that other existing rules of international law have substantially
affected the application of the Articles of the Convention.
21. The special legal status of Latvia following the demise of the Soviet
Union is relevant at least at two levels. Firstly, the Court has to form an
opinion as to whether Latvia’s argument that it did not succeed to any
obligations of the Soviet Union, including in the field of social rights, is
correct under international law. This is necessary for the proper
understanding of the transitional provisions of the 1995 Act, which, to the
extent that they provide for proprietary rights, fall within the ambit of
Article 1 of Protocol No. 1. Non-citizens, foreigners and stateless persons
fall within the ambit of Article 1 only to the extent that the transitional
provisions grant these groups a right. However, without assessing relevant
international rules concerning acquired rights in situations involving the
restoration of independence by a State, it is difficult to see whether Latvia is
correct in arguing that it was under no obligation to do anything more. Even
if Latvia passed legislation which might give rise to the recognition of an
“asset” for the purposes of Article 1 of Protocol No. 1 to certain groups of
individuals and not to others, it is important in determining the scope of
Latvia’s obligations under the Convention to consider whether this was
merely an expression of good will or whether it was because Latvia was
obliged to offer the pension in the amount expected (see, mutatis mutandis,
Epstein and Others, cited above). Secondly, the argument concerning the
special status of Latvia in international law is relevant for the decision as to
whether the distinction drawn was justified or not. Following the Court’s
case-law on Article 14, the two levels of reasoning are closely linked.
Are there any relevant international obligations in a situation of illegal
annexation?
22. In this connection, it is important to keep in mind that international
law remains the relevant legal system providing for rules for the
determination of its subjects and changes therein, if necessary. In the Ilaşcu
and Others case, the Court once again proved that it follows general