Roszczenia reparacyjne Polski wobec Niemiec jako delikt prawa międzynarodowego
Poland’s war reparation claims against Germany as a delict of international law
Author(s): Anna Czaplińska, Władysław CzaplińskiSubject(s): International Law
Published by: Instytut Zachodni im. Zygmunta Wojciechowskiego
Keywords: World War II; reparation claims; Germany; Poland;Potsdam Agreement
Summary/Abstract: The study examines the consequences of the Polish government making reparation claims against Germany in connection with World War II. The assumption is that the 1953 waiver of claims was implemented under an international strategy. The Potsdam Agreement established a compensation mechanism that provided for Poland’s claims to be met by reparations owed to the USSR. Even if reparations for Poland were not fully paid, any potential claims should be directed to the USSR. International responsibility is associated with a state’s violation of an international commitment, and it encompasses all types of obligations, including unilateral acts. Undermining the Potsdam system would lead to the negation of all provisions of that agreement, including those governing territorial order and boundaries. However, the final regulation of payments for persons injured as a result of the war remains unresolved. German governments compensate them ex gratia.
Journal: Przegląd Zachodni
- Issue Year: 390/2024
- Issue No: 2
- Page Range: 93-118
- Page Count: 26
- Language: English, Polish