Single German Nationality (Teso) Case

Abstract

States — Right of self-determination of peoples — Recognition as basic principle of international law — Division of Germany after Second World War — Claim of German people to free exercise of right of self-determination — Constitutional duty of Federal Republic of Germany not to take measures to hinder possibility of German reunification

States — Continuity of States — Secession of part of territory of State — Whether affecting identity of State as subject of international law — Status of Germany after 1945 — Whether Federal Republic of Germany is legal successor to German Reich — Continued existence of German Reich under international law — Whether German Democratic Republic to be considered as a foreign State in relation to Federal Republic of Germany — Effect of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972

Nationality — Acquisition — Requirement of link with territory of State of acquisition — Acquisition of citizenship of German Democratic Republic — Whether having legal effect of acquisition of German nationality recognized in the Federal Republic of Germany pursuant to the Basic Law — Effect of reunification requirement contained in Basic Law

Nationality — Effects of change of sovereignty — Division of Germany — Single German nationality — Preservation — Basic Law of Federal Republic of Germany, Articles 16(1) and 116(1)

Territory — Effects of changes of sovereignty — Legal status of Germany after 1945 — Consequences of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972

States — Sovereignty and independence — In foreign relations — Power of courts to review executive action — Attempts by Government of the Federal Republic of Germany to secure self-determination for the German people — Whether subject to judicial review — The law of the Federal Republic of Germany