Re Treaty On the Basis of Relations Between the Federal Republic of Germany and the German Democratic Republic, 1972

Abstract

149Treaties — Conclusion and operation — Constitutional limitations — Control of compatibility of treaty with Basic Law of Federal Republic of Germany — Role of Federal Constitutional Court — Treaty between Federal Republic of Germany and German Democratic Republic — Interpretation so as not to conflict with requirements of Basic Law of Federal Republic — Ratification and entry into force — Whether ratification may take place prior to completion of examination of treaty by Federal Constitutional CourtTreaties — Interpretation — Principles and rules — Avoidance of conflict with municipal constitutional law — Choice of interpretation which conforms with requirements of Basic Law of Federal Republic of GermanyTreaties — Special kinds of treaties — Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972 — Special character — Treaty governing relations between the two German States inter se — Applicability of rules of international lawStates — Continuity of States — Status of Germany after 1945 — Status of Berlin — Whether Federal Republic of Germany is legal successor to German Reich — Continued existence of German Reich under international law — Effect of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972States — Recognition — German Democratic Republic as State and subject of international law — Attitude of Federal Republic of Germany — De facto recognitionNationality — Effects of change of sovereignty — Division of Germany after 1945 — Single German nationality — Preservation — Basic Law of Federal Republic of Germany, Article16Territory — Effects of changes of sovereignty — Legal status of Germany after 1945 — Legal status of Berlin — Consequences of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972Territory — Occupation of foreign territory in time of peace — Status of Berlin — Effect of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972150Relationship of international law and municipal law — Treaties — Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972 — Compatibility with Basic Law of the Federal Republic — The law of the Federal Republic of Germany