The International Legal Status of Austria 1938–1955
Springer, 06.12.2012 - 157 Seiten
Austria was the first victim of Hitler's policy of aggression. The Ger man domination of that country (the so-called Anschluss) heralded the beginning of a diplomatie demarche. The event also had deep implications for the legal system of the international community. The Allied occupation of Austria after W orId War II and the long delay in attaining aState Treaty to arrange for the Allied withdrawal from Austrian territory eventually gave rise to some doubts as to the international legal status of the latter. This study is confined to an examination of the international legal problems involved in Austria's changed status from the Anschluss of March 13, I938, until the signing of the State Treaty on May 15, 1955. It is not intended to be a history of the period covered and no attempt is made to treat fully such fascinating topics as the diplo matie negotiations leading up to the Anschluss or the story of the long struggle between the occupying powers to attain aState Treaty for Austria. The time span of this work was deliberately chosen in a desire to confine it to an appraisal ofthe legal continuity ofthe Austrian State and an evaluation of the impact of the Austrian question on the traditional law of state succession and recognition. The problem of Austria's new neutralized status resulting from the negotiations in connection with and subsequent to the signing of the Austrian State Treaty is worthy of separate treatment and is not dealt with in the present study.
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The Advent of Anschluss
The Public Foreign Debt
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Administrative Court admission Adolf Schärf Allied Council annexation of Austria Anschluss April 27 Article Assembly Austrian Administrative Court Austrian citizenship Austrian Government Austrian Nationality Law Austrian Republic Austrian territory belligerent occupation Brandweiner Chapter cited claim community of nations concerned concluded considered constitutional contended Control Agreement Convention December decision Declaration of 1943 Documents effect evidence fact Federal former Austrian German decree German domination German Government German nationality German Reich Germany’s held Ibid implied recognition independent international agreements international community international law international legal status International Military Tribunal January jure recognition League of Nations March 13 Members ment Military Government Moscow Declaration November null and void ÖBGBl obligations occupation of Austria occupying powers official period of German plebiscite political prior public debt re-establishment regard Republic of Austria resolution responsibility result signatories signed Soviet Union status of Austria Third Reich treaty actions United Nations valid Vienna writers