Expert opinion on Reparation Claims

Treaty on the Final Settlement with Respect to Germany

Moscow, September 12, 1990

Effective: March 15, 1991, in accordance with Article 9

 

„The present Treaty shall enter into force for the united Germany, the French Republic, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America on the date of deposit of the last instrument of ratification or acceptance by these states.“

Reference: Federal Law Gazette II 1990, p. 1317, AA Treaty Collection Volume 70 A 873

As of: September 26, 2011

in force since

France

1)

12.09.1990

04.02.1991

15.03.1991

Germany

12.09.1990

10/13/1990

15.03.1991

Soviet Union

1) 2)

12.09.1990

15.03.1991

15.03.1991

United Kingdom

1)

12.09.1990

16.11.1990

15.03.1991

United States

1)

12.09.1990

25.10.1990

15.03.1991

Treaty on the Final Settlement with Respect to Germany (2+4 Treaty)

The Federal Republic of Germany, the German Democratic Republic, the French

Republic, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America,

Conscious of the fact that their peoples have been living together in peace since 1945;

Mindful of the recent historic changes in Europe which make it possible to overcome the division of the continent;

Having regard to the rights and responsibilities of the Four Powers relating to Berlin and to Germany as a whole, and the corresponding wartime and post-war agreements and decisions of the Four Powers;

Resolved, in accordance with their obligations under the Charter of the United Nations to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

Recalling the principles of the Final Act of the Conference on Security and Cooperation in Europe, signed in Helsinki;

Recognizing that those principles have laid firm foundations for the establishment of a just and lasting peaceful order in Europe;

Determined to take account of everyone's security interests;

Convinced of the need finally to overcome antagonism and to develop cooperation in Europe;

Confirming their readiness to reinforce security, in particular by adopting effective arms control, disarmament and confidence-building measures; their willingness not to regard each other as adversaries but to work for a relationship of trust and cooperation;

and accordingly their readiness to consider positively setting up appropriate institutional arrangements within the framework of the Conference on Security and Cooperation in Europe;

Welcoming the fact that the German people, freely exercising their right of self-determination, have expressed their will to bring about the unity of Germany as a state so that they will be able to serve the peace of the world as an equal and sovereign partner in a united Europe;

Convinced that the unification of Germany as a state with definitive borders is a significant contribution to peace and stability in Europe;

Intending to conclude the final settlement with respect to Germany;

Recognizing that thereby, and with the unification of Germany as a democratic and peaceful state, the rights and responsibilities of the Four Powers relating to Berlin and to Germany as a whole lose their function;

Represented by their Ministers for Foreign Affairs who, in accordance with the Ottawa Declaration of 13 February 1990, met in Bonn on 5 May 1990, in Berlin on 22 June 1990, in Paris on 17 July 1990 with the participation of the Minister for Foreign Affairs of the Republic of Poland, and in Moscow on 12 September 1990;

Have agreed as follows:

 

Article 1

(1) The united Germany shall comprise the territory of the Federal Republic of Germany, the German Democratic Republic and the whole of Berlin. Its external borders shall be the borders of the Federal Republic of Germany and the German Democratic Republic and shall be definitive from the date on which the present Treaty comes into force. The confirmation of the definitive nature of the borders of the united Germany is an essential element of the peaceful order in Europe.

(2) The united Germany and the Republic of Poland shall confirm the existing border between them in a treaty that is binding under international law.

(3) The united Germany has no territorial claims whatsoever against other states and shall not assert any in the future.

(4) The Governments of the Federal Republic of Germany and the German Democratic Republic shall ensure that the constitution of the united Germany does not contain any provision incompatible with these principles. This applies accordingly to the provisions laid down in the preamble, the second sentence of Article 23, and Article 146 of the Basic Law for the Federal Republic of Germany.

(5) The Governments of the French Republic, the Union of Soviet Socialist Republics, the United Kindgom of Great Britain and Northern Ireland and the United States of America take formal note of the corresponding commitments and declarations by the Governments of the Federal Republic of Germany and the German Democratic Republic and declare that their implementation will confirm the definitive nature of the united Germany's borders.

 

Article 2

The Governments of the Federal Republic of Germany and the German Democratic Republic reaffirm their declarations that only peace will emanate from German soil. According to the constitution of the united Germany, acts tending to and undertaken with the intent to disturb the peaceful relations between nations, especially to prepare for aggressive war, are unconstitutional and a punishable offence. The Governments of the Federal Republic of Germany and the German Democratic Republic declare that the united Germany will never employ any of its weapons except in accordance with its constitution and the Charter of the United Nations.

 

The Treaty was signed on September 12, 1990 in Moscow and last ratified on March 19, 1991.

to Article 1:

Article 23 (2) of the Basic Law was ceased to apply on Sept. 29, 1990

The preamble of the Basic Law was changed on Oct. 03, 1990.

A constitution under Article 146 of the Basic Law was never implemented.

Instead, the Basic Law has been declared a Constitution.

A referendum on this was never carried out.

Since the Basic Law is still in force, one can still perform a constitution under Article 146 Basic Law.

The question arises, why not do that? Since Article 120 Basic Law is still in force: "The federal government bears the costs of war-resulting burdens and occupation costs."

 

From the talks on this Treaty shows that the Germans did not want a peace treaty, because otherwise the reparations issues occur.

Reparation issues were not the subject of the 2 + 4 negotiations and are not regulated in this 2 + 4 Treaty.

The 2 + 4 Treaty was never implemented. It therefore has no legal effect to this day. Reparation questions are therefore still open.