THE BONN CONSTITUTION AND ITS "FUNDAMENTAL RIGHTS"
1. The position of Germany in international law after the collapse. The four great allied powers issued a common declaration on June 5th 1945 to the effect that there did not exist in Germany a central government capable of undertaking the responsibility for order and administration in the country and of satisfying the demands of the victorious countries. The governments of the four great powers declared in addition that they were now taking upon themselves the highest authority with regard to Germany. This was not, however, to lead to any annexation of the country.
It has been maintained that legally Germany has been the object of what in international law is known as "debellatio", and that the state "the German Empire" had ceased to exist1 This cannot, however, be correct. A German national territory still existed. The allied countries still considered the state of war with Germany to exist, as was expressly established by, for instance, British legal decisions based on a declaration by the Foreign Office2 Legally, the Reich had not ceased to exist. On the other hand, Germany's____________________
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Publication information: Book title: Freedom of Speech in the West:A Comparative Study of Public Law in France, the United States, and Germany. Contributors: Frede Castberg - Author. Publisher: Oslo University Press. Place of publication: New York. Publication year: 1960. Page number: 338.
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