The Unification of Germany in International and Domestic Law

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Rodopi, 1997 - Всего страниц: 225
The book analyses the most important international and domestic legal aspects of German unification. Part One (Chapter one-five) contains a general introduction then deals with international issues: the status of Germany from 1945 to the present day; the German borders are examined then issues of state succession and self-determination are discussed in the context of unification. Part Two (Chapters six-nine) deals with domestic matters: property issues in the former East Germany, feminism after unification (dealing principally with the abortion issue), the prosecution of former East German citizens for offences relating to the security of East Germany, and the reform of the asylum law. The aim is to give the reader an overview of the most controversial and problematic issues of German unification.

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Introduction
1
The Changing Status of Germany
7
The Frontiers of Germany
45
Germany and State Succession
73
The Principle of SelfDetermination and the Unification of Germany
85
Restitution of Property after German Unification
103
The Criminal Prosecution of Former GDR Officials
117
the Divisiveness of Unification
173
Refugee Law in Germany
195
Index
221
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Стр. 96 - In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
Стр. 96 - The term enemy state as used in paragraph 1 of this article applies to any state which during the Second World War has been an enemy of any signatory of the present charter.
Стр. 56 - Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of .its conclusion, in order to confirm the meaning resulting from the Application of Article 31, or to determine the meaning when the interpretation according to Article 31: a. leaves the meaning ambiguous or obscure; or b. leads to a result which is manifestly absurd or unreasonable.
Стр. 50 - The three governments having considered the question in all its aspects, recognize that the transfer to Germany of German populations, or elements thereof, remaining in Poland, Czechoslovakia and Hungary, will have to be undertaken.
Стр. 66 - The President of the United States and the British Prime Minister have declared that they will support the proposal of the Conference at the forthcoming peace settlement.
Стр. 60 - The participating States regard as inviolable all one another's frontiers as well as the frontiers of all States in Europe and therefore they will refrain now and in the future from assaulting these frontiers. Accordingly, they will also refrain from any demand for, or act of, seizure and usurpation of part or all of the territory of any participating State.
Стр. 9 - Commands of the United Kingdom, the United States of America, the Union of Soviet Socialist Republics and the French Republic, hereinafter called the „Allied Representatives...
Стр. 48 - Government agree that, pending the final determination of Poland's western frontier, the former German territories east of a line running from the Baltic Sea immediately west of Swinemunde, and thence along the Oder River to the confluence of the western Neisse River and along the western Neisse to the Czechoslovak frontier, including that portion of East Prussia not placed under the administration of the...
Стр. 9 - Republic, each in his own zone of occupation, and also jointly, in matters affecting Germany as a whole, in their capacity as members of the Control Council.
Стр. 151 - No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed.

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