Eastern Treaties Constitutionality Case

In: International law reports, Band 78, S. 176-193

Abstract

Treaties — Conclusion and operation — Constitutional limitations — Treaties with a general political character — Whether violating rights of individuals — Interpretation — Principles and rules — Political and historical background and aim of treaty decisive for its interpretation — Clear and unambiguous language in treaty essential for creation of legal rights and obligationsRelationship of international law and municipal law — Treaties — Whether creating directly applicable rights and obligations for individuals — Requirement that treaty make express and clear provision for such rights and obligationsStates — Continuity of States — Status of Germany after 1945 — Status of Eastern territories — Questions reserved for final peace settlement — Effect of Moscow Treaty between Federal Republic 177of Germany and Union of Soviet Socialist Republics, 1970, and Warsaw Treaty between Federal Republic of Germany and People's Republic of Poland, 1970, concerning the Basis for the Normalization of their Mutual Relations — Sovereignty and independence — In foreign relations — Power of courts to review exercise of treaty-making power by executive — Treaties with a general political characterState responsibility — For interference with property rights — Duty of Federal Republic of Germany to protect property rights of its nationals — Whether conclusion of Moscow and Warsaw Treaties violates duty of Federal Republic to provide diplomatic protection for its citizensTerritory — Effects of changes of sovereignty — Legal status of Germany after 1945 — Legal status of Eastern territories — Consequences of Moscow and Warsaw Treaties, 1970 — Occupation of foreign territory in time of peace — Status of German Eastern Territories — Effect of Moscow and Warsaw Treaties, 1970 — The law of the Federal Republic of Germany