Claim to sole representation

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The right to sole representation is the principle of a government to represent the population of a territory alone under international law , although another government as a stabilized de facto regime also has part of the area and regards it as its own national territory .

Divided Germany

Federal Republic of Germany (until 1990)

The Federal Republic of Germany rose from 1,955 to 1,969 a sole representative for the entire German people . The claim was initially based on political legitimation through free elections . In his declaration to the German Bundestag on October 21, 1949, Federal Chancellor Konrad Adenauer stated this claim on the occasion of the entry into force of the constitution of the German Democratic Republic . He received support at the New York Foreign Ministers' Conference of the three Western powers on September 18, 1950. When the Soviet Union proclaimed the sovereignty of the GDR on March 25, 1954 , the Bundestag unanimously claimed sole representation of Germany .

At the Paris Conference , at which the revised Germany Treaty and the admission of the Federal Republic of Germany to the Western Defense Alliance of NATO were decided in 1954, the allies now adopted the view previously confirmed by the three Western powers at the London Nine Powers Conference that the Federal Republic alone has the authority to become active in foreign policy for the German people . The western world had thus accepted the claim to sole representation and allowed the West German federal government to make a statement that restricted its leeway vis-à-vis Germany.

Legally, the claim was based on the view that the entire state of Germany ( Germany as a whole ) had been preserved. There can therefore be no two German states ; The GDR is only an occupied area in which there is a dictatorship , with a government set up by the Soviet Union and therefore not an autonomous government, or it should be viewed as a local de facto regime . According to a different opinion, the Council of Ministers and the Council of State of the GDR faced the "regular" German Federal Government and the Federal President as opponents in a state of civil war and were therefore also not recognizable under international law. The umbrella state theory , which took the view of the existence of two sub-states under the umbrella of the never-lost German Reich , was only discussed towards the end of the 1960s and was finally expressed in the judgment of the Federal Constitutional Court of July 31, 1973 on the Basic Treaty, although this theory was not was clearly delimited and contains elements of an identity thesis, since the Federal Republic of Germany as a subject of international law and thus the state remained identical to the German Reich; In West Germany, therefore, people moved away from the core state theory and postulated a combined state core theory .

In addition to these considerations based on international law, the reunification requirement of the Basic Law was cited as evidence that recognition of the GDR under international law was to be prevented in order not to lose its overall legal status and that the GDR could therefore never be or become a foreign country .

"The so-called sole agency concept was - similar to the maxim change through approximation - only ever a foreign policy doctrine that never found its expression in the domestic law of the Federal Republic."

The claim to sole representation found its expression, among other things, in the Hallstein Doctrine , according to which the Federal Republic of Germany wanted to break off diplomatic relations with states that established diplomatic relations with the GDR. The claim to sole agency (also: sole agency , in the GDR disparagingly called sole agency presumption ) was initially pursued consistently. There were contradicting signals in international sports traffic: On the one hand, from 1955 to the mid-1960s, for example, the federal government concluded several agreements with NATO partner states not to issue entry visas to GDR athletes and sports officials , so that they were excluded from many international sports events. In this way, for example, the MZ sports department was politically prevented from taking part in motorcycle world championships in NATO countries, even though MZ was the most promising candidate for the world championship title at the time. On the other hand, there were also joint competitions and all-German teams at six Olympic Games , so that concrete discussions, collaborations, and payment for the starts of top athletes took place in parallel. Over time, and above all with the change to the social-liberal coalition and the “ new Ostpolitik ” under Willy Brandt in 1969, adherence to the doctrine and thus the claim to sole representation were given up, as the Federal Republic's ability to act in foreign and Germany policy too much restricted. In view of this, as in the government declaration of October 28, 1969, one spoke officially from now on of the "two states in Germany".

On 21 December 1972 was agreement on the fundamentals of relations between the Federal Republic of Germany and the German Democratic Republic completed (known as basic contract or master agreement ). The contracting parties affirmed that neither could speak on behalf of the other; In fact, the Federal Republic had never previously claimed to speak in the name of the GDR, but for the whole of Germany . In 1973 both German states joined the United Nations .

However, until 1990 the Federal Republic recognized its own citizenship of the GDR to a limited extent and also treated GDR citizens generally as German citizens . Therefore, refugees were not extradited. Visitors from the GDR were also given a Federal German passport upon request , in order to be able to enter the USA more easily, for example.

German Democratic Republic

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The first constitution of the GDR from October 7, 1949 stated that Germany was an indivisible republic and that there was only one German nationality. De facto, the GDR was also founded as an all-German republic and initially aimed for reunification with the Federal Republic of Germany.

However, the GDR already changed its foreign policy course towards the end of the 1950s, as reunification no longer seemed realistic. It connected its interests more and more with those of the Soviet Union and consistently pursued the international recognition and establishment of the sovereignty of both German states. Increasingly, the "West German Federal Republic" was accused of wanting to isolate the GDR internationally within the framework of the Hallstein Doctrine; in this context it also spoke of the "sole representation pretension of the FRG ". As early as the mid-1960s, these claims by the Federal Republic of Germany had been unanimously rejected within the Warsaw Pact and a civil defense law was introduced to ward off this claim and the provocation it contained, although this status was still being raised by the GDR at that time.

Only after the change in German foreign policy under Federal Chancellor Willy Brandt , also because he had already rejected the Hallstein Doctrine since the early 1960s, and above all because both German states were now striving for independent admission to the UN , the two Germans came closer States become possible. With the admission of both German states to the UN in 1973 and after the conclusion of the treaty on the basis of relations between the GDR and the Federal Republic of Germany (basic treaty ), the GDR completely waived this claim. On October 7, 1974, the GDR completely deleted this claim, as did the goal of reunification, which was to be achieved by 1965, from the constitution. From then on it assumed the simultaneous existence of two German states. However, since the Federal Republic of Germany did not implement this to the same extent in its Basic Law in the opinion of the GDR, and it was seen as a violation of the Basic Treaty, the state and party leadership spoke again increasingly of the Federal Republic's "sole representation pretense" from this point on.

China

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This section was created in whole or in large part by User: Fruit variety , which was excluded from collaboration with Wikipedia due to large-scale fiction . It is to be feared that fruit variety has provided evidence for this article too, which does not even come close to proving what it should prove. This notice should only be removed if the factual correctness of the information has been sufficiently checked and if it is ensured that the documents really prove something. - Mr. Klugbeisser ( discussion ) 18:55, April 5, 2018 (CEST)

As a result of the Chinese civil war , two separate Chinese states have existed since 1949: on the one hand the socialist People's Republic of China and on the other hand the democratic Republic of China (Taiwan) , both of which claim sole representation. From 1950 onwards, all Eastern Bloc countries established diplomatic relations with the People's Republic of China as sole agent, while all countries in the Western Hemisphere did the same with the Republic of China. In addition, the USA and allied states imposed a trade embargo on the People's Republic of China .

The United Nations (UN) also recognized the Republic of China as the legitimate government of China until 1971. This changed with the growing economic importance of mainland China and the interest of the USA in separating the People's Republic of China from the communist bloc. With resolution 2758 , the General Assembly of the United Nations decided on October 25, 1971 to recognize the People's Republic of China as the only legitimate representative of the Chinese people and to exchange its representatives in the UN organs for those of the "national Chinese". The UN General Assembly thus granted the People's Republic of China sole power of representation for China, and at the same time denied the Republic of China the same. It is noteworthy that up to this point the Republic of China was one of the five permanent members of the United Nations Security Council with the right of veto and that these powers were completely transferred to the People's Republic of China.

On February 28, 1972, the United States and the People's Republic of China signed the Shanghai Communiqué , which only affected both countries, but on the basis of which not only Sino-American relations fundamentally changed. After its signing, all western industrialized countries established full diplomatic relations with the People's Republic of China, including the Federal Republic of Germany, and broke off their diplomatic relations with Taiwan. In 1979 the USA also officially established diplomatic relations with the People's Republic of China, which meant the severance of official relations with Taiwan and the termination of the military assistance pact. As part of the Taiwan Relations Act , however, the USA secured military bases in Taiwan and agreed with the government in Taipei to act as a protective power in addition to regular arms deliveries.

Taiwan also had to withdraw from all UN sub-organizations by 1972 and has not been represented in the UN since then. As a result, most countries around the world severed official relations with the Republic of China; but many maintain unofficial contacts. At the beginning of 2018 only 20 states had diplomatic relations with the Republic of China, from Europe only the Vatican City . According to the Constitution of the People's Republic of China , Taiwan has been defined as the 23rd province since 1949, which means that the People's Republic of China de jure continues to maintain its right to Taiwan or the “ one-China policy ”. In contrast, the government of the Republic of China does not recognize the administrative division of the People's Republic of China and for its part claims de jure the entire Chinese territory within the boundaries of the provinces before the division.

However, since 1975 the Republic of China has no longer aggressively defended the claim to sole representation. At the latest with the democratization of Taiwan in the 1990s, claims to sovereignty over the Chinese mainland including Outer Mongolia were de facto no longer raised by the Republic of China . However, Taiwan de jure remains a province of the Republic of China under its own constitution. For example, the Taiwanese government is still unable to recognize Outer Mongolia as an independent state because it has always been an integral part of China for the Republic of China and a redefinition of the external borders requires a new constitution. Likewise, the government in Taipei is currently not actually aiming for unification with the mainland, but nominally the constitution of the Republic of China is still based on the unity of China.

Thus, both states constitutionally unchanged under China mean mainland China and Taiwan together. Since 2008, relations between mainland China and Taiwan have normalized. There are many family and very close economic ties between the two real states. In general, the respective population can travel in and out of the country individually and unhindered and move freely in all provinces. There are now daily flight and ferry connections (as of 2018).

Korea

Also, North Korea and South Korea raised since 1948 each claim to be the legitimate government of all of Korea. In 1991 both joined the UN as part of the rapprochement policy.

Vietnam

The Socialist Republic of Vietnam in the north was proclaimed in 1945, and the Empire (later Republic ) of Vietnam in the south gained independence from France in 1954 . North and South Vietnam both laid claim to the entire country until South Vietnam was captured by North Vietnamese troops in 1975.

Cyprus

On the island, which has been divided since 1974, the Greek Republic of Cyprus claims sole representation for all of Cyprus, while the Turkish Republic of Northern Cyprus regards the northern part as a sovereign state recognized exclusively by Turkey . The different views of the two countries can be seen in the border question: From the south this is only viewed as a demarcation line , while the north has designated it as the national border.

Republic of Moldova

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After the collapse of the Soviet Union , the autonomous part of Transnistria separated from the now sovereign Republic of Moldova in 1992 and has since formed a de facto regime with state quality on Moldovan territory. Internationally not recognized by any other state, the part of the country escapes the control of the Moldovan central government. It is practically impossible for the Republic of Moldova to assert the right to sole representation at the national level; From the perspective of the international community, however, the Republic of Moldova exercises its sovereign rights over its entire national territory and Transnistria does not exist as a state.

References

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Individual evidence

  1. ^ German Society for Foreign Policy (ed.), Documents on the Berlin Question, 1944–1966 . R. Oldenbourg, p. 145 .
  2. ↑ Kay Hailbronner in: Graf Vitzthum (Hrsg.): Völkerrecht , 4th ed. 2007, 3rd section, Rn. 202 .
  3. ↑ Dieter Blumenwitz : The German domestic term . In: Ingo von Münch (Ed.): Constitutional Law - International Law - European Law. Festschrift for Hans-Jürgen Schlochauer on his 75th birthday on March 28, 1981 . Walter de Gruyter, Berlin / New York 1981, p. 41 (accessed via De Gruyter Online).
  4. ↑ Georg Stötzel / Martin Wengeler (ed.): Controversial terms. History of public language use in the Federal Republic of Germany (=  language, politics, public , vol. 4), de Gruyter, Berlin / New York 1995, pp. 299-300 .
  5. ^ Martin H. Geyer: The struggle for national representation. German-German sports relations and the “Hallstein Doctrine”. In: Vierteljahrshefte für Zeitgeschichte 1996, pp. 55–86.
  6. ^ Arnd Krüger : Sport and Politics. From gymnastics father Jahn to state amateur. Torch bearer, Hanover 1975, ISBN 3-7716-2087-2 .
  7. ^ Ingo von Münch: The German citizenship. Past - present - future . De Gruyter Recht, Berlin 2007, ISBN 978-3-89949-433-4 , p. 99 ; Helmut Berschin, Concept of Germany in Linguistic Change , in: Weidenfeld / Korte (ed.), Handbook on German Unity 1949–1989–1999 , Campus, new edition 1999, p. 221 .
  8. ↑ Federal Chancellor Brandt in: Bulletin of the Federal Government of October 29, 1969, p. 1121 ff.
  9. ^ Ingo von Münch: The German citizenship. Past - present - future . De Gruyter, Berlin / New York 2007, ISBN 978-3-11-093608-7 , p. 101 (accessed via De Gruyter Online).
  10. ^ Basics of state authority in the constitution of the GDR from 1949
  11. ↑ In addition, documents from the Federal Archives ( Memento of February 5, 2008 in the Internet Archive ).
  12. ↑ Designation "sole representation presumption" in the Civil Defense Act of 1970
  13. ↑ Cf. Margit Roth, Two States in Germany. The social liberal Germany policy and its effects 1969–1978 , Westdeutscher Verlag, Opladen 1981, p. 53; dies., Internal German inventory of the Federal Republic 1969–1989. Neue Deutung , Springer VS, Wiesbaden 2014, p. 50 .
  14. ↑ Ying-Feng Yang: The claim to sole representation of the divided countries: Germany, Korea and China in political comparison. Peter Lang, 1997, p. 33 f.
  15. ^ Eva-Maria Stolberg: Stalin and the Chinese Communists, 1945-1953. Franz Steiner Verlag, 1997, p. 199.
  16. ^ John F Copper: Taiwan: Nation-State or Province? , Hachette UK, 2012, p. 174.
  17. ↑ Yu Ning: The GDR's China Policy in the 1980s , 2015, p. 21.
  18. ^ Georg Matt: Opportunities and Risks of a Direct Investment in the People's Republic of China. Diplom-Verlag, 2005, p. 60.
  19. ^ Jacob Bobzin: The One China Principle. Does the status quo still exist? , 2017, p. 3.
  20. ↑ Hans van Ess: China. CH Beck, Munich 2012, p. 44.
  21. ^ Mathias Neukirchen: The representation of China and the status of Taiwan in international law. With special consideration of the historical development and attitude of the United Nations. Nomos, 2004, p. 301.
  22. ^ Mathias Neukirchen: The representation of China and the status of Taiwan in international law. Nomos, 2004, p. 102.
  23. ↑ Dirk Schmidt, Sebastian Heilmann: Foreign policy and foreign trade of the People's Republic of China. Springer-Verlag, 2012, p. 110 f.
  24. ↑ Andrea Glaab: Visa regulations for travel in the Taiwan Strait. In: ZChinR / GJCL 20 (2013), Max Planck Institute for Comparative and International Private Law, 2013, pp. 45–62.

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