Cruise Missiles Deployment (German Approval) Case

Abstract

States — Conduct of foreign relations — Deployment of armed forces — Nuclear weapons — United States medium-range missiles with nuclear warheads — Declaration by Minister of Foreign Affairs of Federal Republic of Germany consenting to deployment on German territory within framework of NATO — Whether declaration binding under international law — Whether such unilateral international act subject to parliamentary legislative approval under Articles 24(1) and 59(2) of Basic Law of Federal Republic — Whether such deployment covered by previous legislative approval of founding NATO treaties — Whether deployment constituting fundamental change in previously agreed NATO programme for collective defence

States — Conduct of foreign relations — Transfer of sovereign powers — Constitutional limitations — Requirement of parliamentary legislative approval — Basic Law of Federal Republic of Germany, Article 24(1) — Deployment of United States nuclear weapons on territory of Federal Republic within framework of NATO — Whether constituting transfer of sovereign powers to international organization — Relevance of fact that United States President having final right of decision over use of weapons — Whether constituting transfer of sovereignty to foreign State — Whether United States President acting as organ of NATO

War and armed conflict — Use of force — Collective self-defence — North Atlantic Treaty, 1949, Article 5(1) — Division of responsibilities between NATO institutions and Member States — Decision by Member States in 1979 to “modernize” defence systems and deploy medium-range nuclear weapons on their territories — Whether decision taken by Member States within framework of existing treaty commitments — Weapons — Nuclear weapons — Law relating to weaponry

International organizations — North Atlantic Treaty Organization — Legal status — Whether constituting an international organization under Article 24(1) of Basic Law of Federal Republic of Germany — North Atlantic Treaty, 1949, Article 5(1) — Effect of provisions preserving certain powers of decision to Member States — Whether Treaty providing for integration of common defence forces — Deployment of medium-range nuclear weapons by Member States — Whether falling within previously agreed framework for integration

International organizations — Definition — Whether such organizations must be endowed with power to enact directly applicable rules — Whether transfer of powers from Member States must be irrevocable — Whether founding treaty must expressly provide for a clearly defined process of integration

Treaties — Conclusion and operation — Constitutional limitations — Treaties regulating political relations — Requirement of parliamentary legislative approval — Basic Law of Federal Republic of Germany, Article 59(2) — Whether legislative approval required only for treaties or also for international acts performed within the framework of an existing treaty

Treaties — Interpretation — Multilateral treaty — Interpretation subject to provisions of previous multilateral treaty — Treaty on Non-Proliferation of Nuclear Weapons, 1968 — Interpretation of provisions on nuclear weapons in the light of Article 51 of United Nations Charter — The law of the Federal Republic of Germany