Definition and Significance of the Two Plus Four Treaty
The Two Plus Four Treaty, officially termed the “Treaty on the Final Settlement with Respect to Germany,” is a treaty under international law signed on September 12, 1990, by the Federal Republic of Germany, the German Democratic Republic, and the four victorious powers of World War II – France, the Soviet Union, the United Kingdom, and the United States of America. The treaty is the decisive legal basis for the state sovereignty of united Germany after its division during World War II and governs all external aspects associated with German unity.
Historical Context and Genesis
Situation after World War II
Following Germany’s unconditional surrender in May 1945, the country was divided by the Allies into four occupation zones. State sovereignty was thereby effectively suspended. The German Question remained the subject of international negotiations and agreements until reunification.
Path to Reunification
With the political turnaround in the GDR in 1989 and the ensuing reunification, the regulation of the external aspects of German unity became imperative. In the so-called Two Plus Four talks, the Federal Republic and the GDR (“Two”) negotiated together with the four Allied powers (“Four”) the conditions for a sovereign German nation-state.
Legal Structure and Key Provisions
Contracting Parties and International Legal Character
The Two Plus Four Treaty is an international treaty within the meaning of the Vienna Convention on the Law of Treaties. The contracting parties – Federal Republic of Germany, GDR, France, Soviet Union, United Kingdom, and the USA – created binding international law through this agreement.
Entry into Force
The treaty came into force after its ratification by all signatory states on March 15, 1991. In Germany, it was domestically implemented through the Law on the Treaty of October 13, 1990 (Federal Law Gazette II p. 1317).
Sovereignty and Constitutional Aspects
Restoration of Full Sovereignty
With the entry into force of the Two Plus Four Treaty, united Germany regained complete sovereignty in the areas of foreign policy, defense, and internal affairs. The previous control and reservation rights of the Allies were abolished.
Scope of National Territory
The treaty defined the national territory of united Germany by referencing the existing borders. The entire territory of the GDR, the area of the Federal Republic, and Berlin together henceforth form the territory of Germany. Further territorial claims were explicitly excluded.
Declarations of Renunciation
Germany committed itself not to make territorial claims against other states and to recognize existing borders. Bilateral treaties relating to this were entered into with neighboring states Poland and Russia (notably the German-Polish Border Treaty).
Military Provisions
NATO Membership and Force Strength
The treaty stipulated that reunified Germany would remain a member of NATO. No foreign troops may be stationed or nuclear weapons stored in the territory of the former GDR. The total strength of the Bundeswehr was limited to 370,000 soldiers.
Withdrawal of Allied Armed Forces
The stationing of Soviet troops in East Germany was agreed to continue only until 1994 at the latest. After this time, the whole of reunified Germany was free of foreign military forces.
Human Rights and Fundamental Freedoms
United Germany undertakes to respect and promote human rights and fundamental freedoms in accordance with the Helsinki principles. In particular, the indivisibility of human rights, democracy, and the rule of law are among the core fundamental principles of the treaty.
Nuclear Disarmament and Disarmament Obligations
Germany committed itself not to manufacture, possess, or store nuclear weapons, nor to possess chemical or biological weapons. This obligation refers to already existing international agreements, in particular the Nuclear Non-Proliferation Treaty.
Domestic Implementation and Legislative Consequences
Implementation in German Law
For legislative implementation, the law on the treaty mentioned above was enacted in Germany. Additional treaties (e.g., the Unification Treaty) regulate domestic matters, whereas the Two Plus Four Treaty is responsible for the international legal finalization of unity.
Significance for the Basic Law
The Basic Law was not replaced by a new constitution; instead, the accession model under Article 23 of the Basic Law was chosen. The conditions established in the Two Plus Four Treaty were integrated into the fundamental state principles of the Basic Law.
International Legal Assessment and Aftereffects
Final Peace Settlement
In the field of international law, the Two Plus Four Treaty is considered a “Peace Treaty” with Germany, as it conclusively settled all outstanding issues from World War II.
Continuity and Current Relevance
The treaty continues to be relevant today, for example with regard to the demilitarization of East Germany and the chosen border with Poland. It forms the foundation of Germany’s sovereignty and its international integration.
Literature and Legal References
- Treaty text: Federal Law Gazette 1990 II p. 1317
- Law on the Treaty of September 12, 1990 (Two Plus Four Treaty): Federal Law Gazette 1990 II p. 1331
- Vienna Convention on the Law of Treaties
- Constitutional Commentaries: inter alia Maunz/Dürig (Basic Law Commentary), Ipsen (International Law)
- Functional integration into the Basic Law, especially Articles 23, 24, 26 GG
Summary
The Two Plus Four Treaty is the central instrument in international law that secured German reunification both internationally and legally. It marks Germany’s transition to a fully sovereign state within fixed borders, governs matters of military and political control, and has far-reaching consequences for the current state structure and international law. The treaty forms the basis for Germany’s position in Europe and the world after 1990 and constitutes one of the most important legal foundations in Germany’s postwar history.
Frequently Asked Questions
What is the international legal significance of the Two Plus Four Treaty?
The Two Plus Four Treaty, formally known as the “Treaty on the Final Settlement with Respect to Germany,” is, from the perspective of international law, the definitive peace treaty between the four victorious powers of World War II (USA, Soviet Union, Great Britain, and France) and the two German states (Federal Republic of Germany and German Democratic Republic). The treaty restored the full sovereignty of reunified Germany by eliminating all Allied reserve and occupation rights. Upon the treaty’s entry into force on March 15, 1991, all previous restrictions imposed by Allied laws and regulations were revoked. The treaty also established Germany’s final borders in a manner binding under international law and created the basis for its full integration into the international system of sovereign states.
What provisions does the Two Plus Four Treaty contain regarding Germany’s borders?
The treaty stipulates explicitly in Articles 1 and 2 that Germany’s existing borders are final and inviolable. This refers mainly to the so-called Oder–Neisse line as the eastern border with Poland and thus legally excludes German territorial claims to former eastern territories. Recognition of existing borders was further specified by the German-Polish Border Treaty of 1990 and has become German law through the declaration of accession of German unity on October 3, 1990. Any future territorial claims are excluded by the Two Plus Four Treaty and regulated in a manner binding under international law.
What provisions does the treaty contain regarding the withdrawal and stationing of foreign armed forces?
The treaty specifies that after the establishment of German unity, no foreign armed forces and no nuclear weapons may be stationed in the territory of the former GDR and Berlin. Soviet troops had to completely leave the territory of the former GDR and East Berlin by the end of 1994. The Federal Republic additionally committed itself not to station its own nuclear weapons in these territories and not to move foreign armed forces there. In the western part of Germany, the stationing of foreign troops – in line with existing NATO treaties – remains permissible, but is subject to the sovereignty and consent of the federal government.
To what extent does the Two Plus Four Treaty regulate Germany’s sovereignty?
According to Article 7 of the treaty, the Two Plus Four Treaty confirms full sovereignty of unified Germany over its internal and external affairs. This includes unrestricted control over legislation, jurisdiction, defense, and foreign policy. No Allied reserve rights or special arrangements from the occupation period remain. Thus, from the time the treaty enters into force, Germany is, under international law, a fully sovereign state.
What international legal obligations does Germany assume with the Two Plus Four Treaty?
Germany commits itself not to develop, manufacture, or possess offensive weapons, especially weapons of mass destruction. Furthermore, it confirms the reduction of its armed forces to a maximum of 370,000 soldiers. Germany also commits itself to uphold its international obligations as a member of the United Nations (in particular respecting the Charter of the United Nations) and not to make any territorial claims against other countries. The renunciation of nuclear weapons and the respect for existing borders are essential obligations under international law.
How does the Two Plus Four Treaty affect the law applicable to Berlin?
With the entry into force of the treaty, the Allied protection and control rights over Berlin and its special postwar status ceased. As a result, Berlin is now fully subject to the Basic Law of the Federal Republic of Germany; all special arrangements and reservations, such as those regarding Allied legislation and jurisdiction, are abolished. The Two Plus Four Treaty thus ensured Berlin’s complete incorporation into the German legal system and, for the first time after World War II, made the city an equal part of Germany in the context of international and constitutional law.
What role did the Two Plus Four Treaty play as a prerequisite for reunification from a legal perspective?
The Two Plus Four Treaty was the necessary legal prerequisite under international law for German reunification, since without the consent of the four former occupying powers, no constitutionally recognized unity of Germany would have been possible. With its signing and entry into force, a binding international framework was established that ensured both the sovereignty and legal continuity of reunified Germany. German unification thus took place in accordance with international law and on the basis of multilateral approval from the relevant international actors.
