Germany-Poland Border Treaty Constitutionality Case

In: International law reports, Band 108, S. 656-663

Abstract

Territory — Effects of changes of sovereignty — Legal status of Germany after 1945 — So-called "Eastern Territories" — Recognition as part of Poland under Germany-Poland Border Treaty, 1990 — Whether depriving individuals of their private property rightsExpropriation — Compensation — Property within territory of expropriating State — German-owned property in "Eastern Territories" expropriated by Polish authorities after 1945 — 657Expropriation without compensation — Whether per se unlawful — Public policy — Scope of applicationState responsibility — Interference with property — Duty of Germany to protect property rights of its nationals — Whether violated by conclusion of Germany-Poland Border Treaty, 1990, recognizing permanent status of their mutual orderState responsibility — Acts and omissions of State and its organs — Duty to provide diplomatic protection to nationals in relation to foreign States — Discretionary nature of duty — Scope of judicial reviewStates — Conduct of foreign relations — Treaty negotiations — Balancing of political interests of State with private interests of individuals — Whether subject to judicial reviewTreaties — Conclusion and operation — Constitutional limitations — Treaties with a general political character — Whether violating rights of individuals — Scope of judicial review — The law of the Federal Republic of Germany