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  1. 1 Opolskie Studia Administracyjno-Prawne

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  1. 1 Grochalski S. M.

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  1. 1 2011

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Ustalenia wielkich mocarstw w sprawie granicy na Odrze i Nysie w świetle zasad prawa międzynarodowego

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Grochalski S. M.
Opolskie Studia Administracyjno-Prawne
|
2011
|
vol. IX
51-60
EN
The paper presents the doctrine of international law with reference to the legality of the decision concerning the Polish-German border, which was taken after the Second World War by the superpowers. The author underlines that as far as the international law is concerned, the process of formation, demarcation of border is an effect – on the one hand – of political decisions; on the other one – of legal-international settlements. In this context, he analyzes the Yalta Agreement, Berlin Declaration and Potsdam Agreement. The principles of pacta tertis nec nocent nec prosunt with reference to that of pactum in favorem tertii and pacta in detrimentum tertii are analyzed in a special manner in the presented material. The author analyzes, too, in the context of the border, the Zgorzelec Pact of 1970, which was signed by Poland and the Federal Republic of Germany (FRG). He underlines the importance and significance of the multilateral treaty signed in Moscow on 12 September 1990, and – primarily – the agreements signed by Poland and the FRG on 14 November 1990.
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