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Published on Feb 25, 2008

The "German Empire"

The documents of capitulation of the German War Might of the 7th of May in 1945 and of the 9th of May in 1945 finished indeed the struggles, but not the existence of the German Empire. The government of the empire became arrested on the 23rd of May in 1945. A peace treaty was not signed, neither with the FRG nor with the former GDR, and is lacking until today.

The Federal Constitution Court in Karlsruhe (President Prof. Dr. Jutta Limbach) decided on 31st of July in 1973 [BVerfGE Bd. 36, 1-37 (LT1-9) BGBl I 1973, 1058] and on the 21st of October in 1987 [Bd.77, S.137,150,154,160,167] unanimous and how intended, that the German Empire in 1945 not perished but continued.

Page 15 to 16: ... "The Grundgesetz (Basic Law) -- not only a thesis of the International Law and of the State Law sees that the German Empire outlasted the breakdown of 1945 and neither perished by the capitulation nor by the exertion of foreign state power in Germany by the allied occupation mights nor perished later; this is to recognize from the preamble, from article 16, article 23, article 116 and article 146 of the Basic Law. This corresponds to the jurisdiction of the Federal Constitution Court in which the senat persists. ...

The German Empire (see e.g. BVerfG, 1956-08-17, 1 BvB 2/51, BVerfGE 2, 266 (277); 3,288 (319f); 5,85 (126); 6,309, 336, 363) owns still competence in law, but is as whole state not able to act by itself because of lacking organization, especially because of lacking institutionalized organs ... the responsibility for „Germany as whole thing" (= German Empire) have -- even -- the four mights. The Federal Republic of Germany is in this way not "successor in law" of the German Empire, but identical as state with the state of the "German Empire", -- under reference to its territorial expanse only "partially identical", so that insofar the identity demands no exclusivity. The Federal Republic of Germany includes in this way, concerning its state people and its state territory, not the whole Germany regardless of that it recognizes a consistent state people of the subject of the International Law "Germany" (German Empire) ... and a consistent state territory „Germany" (German Empire) ... It (= Federal Republic of Germany) limits its sovereignty in legal terms of state to the field of application of the Basic Law.

"The Federal Republic of Germany agrees the statement of the four mights and emphasizes that the in this statement mentioned incidents and circumstances will not occure, what means, that a peace treaty or a peace regulation is not intended". Protocol of the Bureau of the Federal Chancellor in negotiations of the 17th of July on 1990 in Paris, appendix No. 354 B.
(furthermore dissertation of Dr. Michael Rensmann, occupation law in the re-united Germany)

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    • Lisa Gerrard & Patrick Cassidy
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    • Abwoon
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    • [Merlin] Beggars (on behalf of 4AD); Sony ATV Publishing, UMPI, SOLAR Music Rights Management, ASCAP, CMRRA, UBEM, and 3 Music Rights Societies


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