International Law and the Oder-Neisse Line

During the end of the twentieth century, post-war Europe has changed dramatically. One example of such change is the reunification of Germany. Reunification corrected some of the wrongs committed after World Wars I and II, and allowed the majority of Germans to share a single homeland. Many Germans, however, were not a part of reunification because the agreements following World Wars I and II removed them from their homeland. Consequently, the reunification of East and West Germany did not affect them. Article 23 of the Federal Constitution of Germany, however, includes these displaced Germans. As a result the German government has a duty to protect their rights, and return them to their proper homeland.'

This Comment examines the legality of the current border between Germany and Poland.2 This Comment first examines the historical composition of the Eastern Territories of Germany, and the Polish claim to these territories. Second, it analyzes the creation and establishment of the German-Polish border from the years immediately following World War I, through World War II and the War Conferences. Third, this Comment applies international legal principles to the annexation of territory and the right of self-determination.
In conclusion, this Comment will highlight the modern developments in territorial sovereignty, and will suggest ways to correct the injustices of the past.

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