The Imperfect Union: Constitutional Structures of German Unification

By Peter E. Quint | Go to book overview

NOTES

CHAPTER 2
THE BACKGROUND OF GERMAN UNIFICATION
1
The map at the outset of this volume illustrates these changes.
2
Although France was not represented at Yalta or Potsdam, the French government acceded to relevant portions of the agreements. See 5 BVerfGE 85, 114 (1956). The borders of the occupation zones were first outlined in agreements signed by the three Allies in late 1944. See von Goetze, Die Rechte der Alliierten auf Mitwirkung bei der deutschen Einigung, 1990 NJW 2161, 2162.
3
The Soviet Union had contemplated forming a separate East German state during the Berlin blockade of 1948—or even earlier—but apparently delayed taking this step for tactical reasons. See J. P. Nettl, The Eastern Zone and Soviet Policy in Germany 1945–50, at 109–11(1951); Wolfgang Leonhard, Das kurze Leben der DDR 45–59 (1990).
4
Cf. Friedrich, The Political Theory of the New Democratic Constitutions, in Arnold J. Zurcher (ed.), Constitutions and Constitutional Trends since World War II, at 14–15 (1951): postwar constitutions of Western Europe were products of “negative revolutions”; they were not “the result of any positive enthusiasm for the wonderful future; they [flowed] rather from the negative distaste for a dismal past.”
5
See 36 BVerfGE 1, 30–31 (1973).
6
See, e.g., 77 BVerfGE 137, 158–59 (1987).
7
Cf., e.g., Otto Kimminich, Die Eigentumsgarantie im Prozeβ der Wiedervereinigung 10 (1990).
8
For important judicial statements of this theory, see 77 BVerfGE 137; 36 BVerfGE at 15–17; 5 BVerfGE at 126–27; see also 6 BVerfGE 309, 336–37, 363–64 (1957) (Concordat case). For general discussions of the constitutional status of the two German states, see Piotrowicz, The Status of Germany in International Law: Deutschland über Deutschland?, 38 International and Comparative Law Quarterly 609 (1989); Simma, Legal Aspects of East-West German Relations, 9 Maryland Journal of International Law & Trade 97 (1985); McCurdy, German Reunification: Historical and Legal Roots of Germany's Rapid Progress towards Unity, 22 New York University Journal of International Law & Politics 253, 257–67 (1990).

Yet at least one very distinguished voice rejected the view that the “German Reich” survived the end of the war. The eminent legal philosopher Hans Kelsen argued that by “abolishing the last Government of Germany the victorious powers have destroyed the existence of Germany as a sovereign state. … Germany has ceased to exist as a state in the sense of international law.” Kelsen, The Legal Status of Germany according to the Declaration of Berlin, 39 American Journal of International Law 518, 519 (1945); see also Kelsen, The International Legal Status of Germany to Be Established Immediately upon Termination of the War, 38 American Journal of International Law 689 (1944). Kelsen's view, however, was largely ignored in the constitutional law of postwar Germany.

9
See Stephen F. Szabo, The Diplomacy of German Unification 7 (1992); David Childs, The GDR: Moscow's German Ally 299–300 (1988). The Soviet Union was

-317-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
The Imperfect Union: Constitutional Structures of German Unification
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 482

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.