ZNACZENIE AKTÓW JEDNOSTRONNYCH DLA WSPÓŁCZESNYCH STOSUNKÓW POLSKO-NIEMIECKICH
Loading...
Date
2006
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
THE SIGNIFICANCE OF UNILATERAL ACTS FOR CONTEMPORARY POLISH-GERMAN RELATIONS
Abstract
The author claims that there are two unilateral acts which are of fundamental importance for
further development of Polish-German relations: the declaration of the German Chancellor
Gerhard Schroder of 1 August 2004, and the declaration of the Polish People’s Republic of 23 August
1953 in which Poland resigned from its claims for war reparations. In the second part of the
paper the author argues with the thesis proposed by prof. Eckart Klein who is of an opinion that
the validity of Chancellor Schroder’s statement is questionable as it is contradictory to ius cogens
applying to crimes against humanity (art. 50 of the 1st Geneva Convention of 12 August 1949). The
author’s view is that Poland’s overtaking of German possessions was not an unlawful and lawlessness
act because it was performed pursuant to the will of the Allies expressed i.a. in Potsdam Conference’s
Declaration, and was the consequence of the manner in which Germany started, carried
out and ended the war.
The author also emphasises the importance of the law of equity and expresses a hope that if
there arises an international dispute, the International Court of Justice will construe Potsdam
Declaration in such a spirit. In the remaining part of the paper the author claims that Poland’s resignation
from reparation claims in 1953 might be pronounced invalid due to the fact that it was
made under duress exercised by the Soviet Union on Poland (coal blackmail).) Consequently,
Poland’s sovereignty was violated, the result of which was a statement of will characterised with
absolute invalidity.
The conclusion is that every tension arising from unilateral statements or acts should be
solved through friendly diplomatic relations between neighbouring states.
Description
Sponsor
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 3, s. 31-42.