German-Polish Border Treaty (1990)
Encyclopedia
The German-Polish Border Treaty of 1990 finally settled the issue of the Polish-German border, which in terms of international law had been pending since 1945. It was signed by the foreign ministers of Poland and Germany, Krzysztof Skubiszewski
and Hans-Dietrich Genscher
, on 14 November 1990, ratified by the Polish Sejm
on 26 November 1991 and the German Bundestag
on 16 December 1991, and entered into force with the exchange of the instruments of ratification on 16 January 1992.
The full title of the treaty is "Treaty between the Federal Republic of Germany and the Republic of Poland on the confirmation of the frontier between them, 14 November 1990" (Vertrag zwischen der Bundesrepublik Deutschland und der Republik Polen über die Bestätigung der zwischen ihnen bestehenden Grenze in German, and Traktat między Rzeczpospolitą Polską a Republiką Federalną Niemiec o potwierdzeniu istniejącej między nimi granicy in Polish, the order of the countries being reversed in the Polish name).
of 1945, the Allies of World War II had defined the Oder-Neisse Line
as the line of demarcation between the Soviet occupation zone in Germany and Poland, pending the final determination of Poland's western frontier in a later peace settlement. The Treaty of Zgorzelec
of 1950 between East Germany and the People's Republic of Poland
confirmed this border as final. West Germany
, which saw itself as the only legal successor to the German Reich and did not recognize East Germany, insisted that final settlement on the Polish-German border could only be accepted by a future reunited Germany. Although West Germany, for all practical purposes, accepted the Oder-Neisse border in the Treaty of Warsaw (1970)
, its legal caveat that only a future peace treaty would formally settle the issue remained in effect.
With German reunification
finally within reach in 1990, the Allies of World War II made full sovereignty for Germany conditional on the final recognition of the Oder-Neisse border, as stipulated in article 1.2 of the Treaty on the Final Settlement with Respect to Germany
. The signing of a treaty between Germany and Poland recognizing the Oder-Neisse Line as the border under international law was also one of the terms of the Unification Treaty between West and East Germany that was signed and went into effect on 3 October 1990. Poland also wanted this treaty to end the ambiguity that had surrounded the border issue since 1945.
The agreement was supplemented by a Treaty of Good Neighbourship and Friendly Cooperation
, signed between Poland and Germany on 17 June 1991.
In the ratification process at the Bundestag, the treaty met with 13 dissenting votes by deputies of the CDU
/CSU
faction, among them Erika Steinbach
and Peter Ramsauer
. In 2006 the Polish Foreign Minister Anna Fotyga
in view of compensation claims raised by the "Prussian Trust" corporation stated that the treaty was insufficient and may have to be renegotiated.
Krzysztof Skubiszewski
Krzysztof Skubiszewski was a Polish politician, a former Minister of Foreign Affairs and an established scholar in the field of international law.Skubiszewski was born in Poznań...
and Hans-Dietrich Genscher
Hans-Dietrich Genscher
Hans-Dietrich Genscher is a German politician of the liberal Free Democratic Party . He served as Foreign Minister and Vice Chancellor of Germany from 1974 to 1982 and, after a two-week pause, from 1982 to 1992, making him Germany's longest serving Foreign Minister and Vice Chancellor...
, on 14 November 1990, ratified by the Polish Sejm
Sejm
The Sejm is the lower house of the Polish parliament. The Sejm is made up of 460 deputies, or Poseł in Polish . It is elected by universal ballot and is presided over by a speaker called the Marshal of the Sejm ....
on 26 November 1991 and the German Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
on 16 December 1991, and entered into force with the exchange of the instruments of ratification on 16 January 1992.
The full title of the treaty is "Treaty between the Federal Republic of Germany and the Republic of Poland on the confirmation of the frontier between them, 14 November 1990" (Vertrag zwischen der Bundesrepublik Deutschland und der Republik Polen über die Bestätigung der zwischen ihnen bestehenden Grenze in German, and Traktat między Rzeczpospolitą Polską a Republiką Federalną Niemiec o potwierdzeniu istniejącej między nimi granicy in Polish, the order of the countries being reversed in the Polish name).
Historical background
In the Potsdam AgreementPotsdam Agreement
The Potsdam Agreement was the Allied plan of tripartite military occupation and reconstruction of Germany—referring to the German Reich with its pre-war 1937 borders including the former eastern territories—and the entire European Theatre of War territory...
of 1945, the Allies of World War II had defined the Oder-Neisse Line
Oder-Neisse line
The Oder–Neisse line is the border between Germany and Poland which was drawn in the aftermath of World War II. The line is formed primarily by the Oder and Lusatian Neisse rivers, and meets the Baltic Sea west of the seaport cities of Szczecin and Świnoujście...
as the line of demarcation between the Soviet occupation zone in Germany and Poland, pending the final determination of Poland's western frontier in a later peace settlement. The Treaty of Zgorzelec
Treaty of Zgorzelec
The Treaty of Zgorzelec between the Republic of Poland and East Germany was signed on 6 July 1950 in Polish Zgorzelec, until 1945 the eastern part of the divided city of Görlitz.The agreement...
of 1950 between East Germany and the People's Republic of Poland
People's Republic of Poland
The People's Republic of Poland was the official name of Poland from 1952 to 1990. Although the Soviet Union took control of the country immediately after the liberation from Nazi Germany in 1944, the name of the state was not changed until eight years later...
confirmed this border as final. West Germany
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
, which saw itself as the only legal successor to the German Reich and did not recognize East Germany, insisted that final settlement on the Polish-German border could only be accepted by a future reunited Germany. Although West Germany, for all practical purposes, accepted the Oder-Neisse border in the Treaty of Warsaw (1970)
Treaty of Warsaw (1970)
The Treaty of Warsaw was a treaty between West Germany and the People's Republic of Poland. It was signed by Chancellor Willy Brandt and Prime Minister Józef Cyrankiewicz at the Presidential Palace on 7 December 1970, and it was ratified by the German Bundestag on 17 May 1972.In the treaty, both...
, its legal caveat that only a future peace treaty would formally settle the issue remained in effect.
With German reunification
German reunification
German reunification was the process in 1990 in which the German Democratic Republic joined the Federal Republic of Germany , and when Berlin reunited into a single city, as provided by its then Grundgesetz constitution Article 23. The start of this process is commonly referred by Germans as die...
finally within reach in 1990, the Allies of World War II made full sovereignty for Germany conditional on the final recognition of the Oder-Neisse border, as stipulated in article 1.2 of the Treaty on the Final Settlement with Respect to Germany
Treaty on the Final Settlement with Respect to Germany
The Treaty on the Final Settlement With Respect to Germany, was negotiated in 1990 between the Federal Republic of Germany and the German Democratic Republic , and the Four Powers which occupied Germany at the end of World War II in Europe: France, the Soviet Union, the United Kingdom, and the...
. The signing of a treaty between Germany and Poland recognizing the Oder-Neisse Line as the border under international law was also one of the terms of the Unification Treaty between West and East Germany that was signed and went into effect on 3 October 1990. Poland also wanted this treaty to end the ambiguity that had surrounded the border issue since 1945.
The Treaty
Under the terms of the treaty, the contracting parties- reaffirmed the frontier according to the 1950 Treaty of Zgorzelec with its subsequent regulatory statutes and the 1970 Treaty of Warsaw;
- declared the frontier between them inviolable now and hereafter, and mutually pledged to respect their sovereignty and territorial integrity;
- declared that they have no territorial claims against each other and shall not raise such claims in future.
The agreement was supplemented by a Treaty of Good Neighbourship and Friendly Cooperation
Treaty of Good Neighbourship
The Polish–German Treaty of Good Neighbourship and Friendly Cooperation was signed between the Federal Republic of Germany and the Republic of Poland on 17 June 1991...
, signed between Poland and Germany on 17 June 1991.
In the ratification process at the Bundestag, the treaty met with 13 dissenting votes by deputies of the CDU
Christian Democratic Union (Germany)
The Christian Democratic Union of Germany is a Christian democratic and conservative political party in Germany. It is regarded as on the centre-right of the German political spectrum...
/CSU
Christian Social Union of Bavaria
The Christian Social Union in Bavaria is a Christian democratic and conservative political party in Germany. It operates only in the state of Bavaria, while its sister party, the Christian Democratic Union , operates in the other 15 states of Germany...
faction, among them Erika Steinbach
Erika Steinbach
' is a German conservative politician and president of the Federation of Expellees. She has been representing the Christian Democratic Union and the state of Hesse as a member of the Parliament of Germany, the Bundestag, since 1990...
and Peter Ramsauer
Peter Ramsauer
Peter Ramsauer is a German politician. He is qualified as a professional miller in accordance with the traditional occupation of his ancestry while holding the degree of PhD in Management, is married and has four daughters...
. In 2006 the Polish Foreign Minister Anna Fotyga
Anna Fotyga
Anna Elżbieta Fotyga née Kawecka is a Polish economist, politician, former Member of the European Parliament and former Minister of Foreign Affairs of Poland, in the successive cabinets of Kazimierz Marcinkiewicz and Jarosław Kaczyński...
in view of compensation claims raised by the "Prussian Trust" corporation stated that the treaty was insufficient and may have to be renegotiated.