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

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