Incorporation (law)

Incorporation as opposed to fusion

Incorporation ( Latin Incorporatio , integration, accession ) stands in the sense of international law for the (usually peaceful) incorporation of one sovereign state into another. The (effective) incorporation today has to be distinguished from the ineffective annexation, especially in terms of terminology , because the fact of incorporation is significantly limited by the fact that the area is increased willingly and voluntarily, which can be made dependent on a referendum , for example. The annexation, on the other hand, means the forcible incorporation of a state territory , which is brought about against the will of the person concerned and therefore by means that are impermissible under international law.

An example of incorporation is the accession of the German Democratic Republic to the Federal Republic of Germany with effect from October 3, 1990, which resulted in the fall of the GDR as a state within the meaning of international law . The Vienna Convention on the Succession of States in Contracts from 1978 does not mention incorporation as a possibility, which resulted in the reunification of Germany with regard to the validity of the international treaties concluded by the GDR, which could be resolved by the Unification Treaty .

By incorporating the integration of international law into the often simple domestic law meant.

Other meanings

In terms of German constitutional law for the incorporation of a federal state or part of it into another.

In the sense of German local law for the association (incorporation, also called "incorporation" in older association agreements or local laws ) of two or more previously independent regional authorities ( municipalities ) into a single enlarged municipality, which was originally a partner of the association and whose name is is retained (→ incorporation [absorption], community merger ).

In canon law, the incorporation or assignment of an ecclesiastical benefice , usually a parish church, to another spiritual institution, often a monastery or cathedral chapter (→ incorporation (church) ).

literature

Burkhard Schöbener : State succession . In: ders. (Ed.), Völkerrecht. Lexicon of central terms and topics. CF Müller, Heidelberg 2014, ISBN 978-3-8114-4129-3 , p. 414.

Individual evidence

↑ See Oliver Dörr, The incorporation as a fact of state succession , Duncker & Humblot, Berlin 1995, p. 51 f.
↑ ^a ^b . See Burkhard Schöbener, State succession , trans (ed.). International Law. Lexicon of central terms and topics , CF Müller, Heidelberg 2014, p. 414.
↑ Knut Ipsen : Völkerrecht , CH Beck, Munich 2004, ISBN 3-406-49636-9 , § 23, Rn. 37 u. 40.
↑ Oliver Dörr, Incorporation as a fact of state succession , 1995, p. 42 .
↑ Marcel Kau: The state and the individual as subjects of international law . In: Wolfgang Graf Vitzthum and Alexander Proelß (eds.): Völkerrecht . 7th edition, de Gruyter, Berlin / Boston 2016, ISBN 978-3-11-044130-7 , p. 208, Rn. 223-228 (accessed via De Gruyter Online).

[1] See Oliver Dörr, The incorporation as a fact of state succession , Duncker & Humblot, Berlin 1995, p. 51 f.

[Schöbener-2] . See Burkhard Schöbener, State succession , trans (ed.). International Law. Lexicon of central terms and topics , CF Müller, Heidelberg 2014, p. 414.

[3] Knut Ipsen : Völkerrecht , CH Beck, Munich 2004, ISBN 3-406-49636-9 , § 23, Rn. 37 u. 40.

[4] Oliver Dörr, Incorporation as a fact of state succession , 1995, p. 42 .

[5] Marcel Kau: The state and the individual as subjects of international law . In: Wolfgang Graf Vitzthum and Alexander Proelß (eds.): Völkerrecht . 7th edition, de Gruyter, Berlin / Boston 2016, ISBN 978-3-11-044130-7 , p. 208, Rn. 223-228 (accessed via De Gruyter Online).