동ㆍ서독 간 교역의 법적 근거

• 영문명: Legal grounds of the East-West Germany Trade
• 발행기관: 국제법평론회
• 저자명: 신용호(Shin Yong Ho)
• 간행물 정보: 『국제법평론』제41호, 99~126쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.04.30

영문 초록

Exchange is absolutely necessary for a divided country to achieve peaceful reunification. To examine the exchange of the East-West Germany Trade, which is a successful model for the exchange, is accordingly valuable. Black marketeering between military occupied areas is the starting point of the East-West Germany trade. Understandably, economic exchange is needed since the one nation, one economic unit is suddenly separated by artificial means. Since the two German governments has become established, they leaded the trade and the amount of trade increased so that by 1989, the last year of the trade, it was 15,309 million VE(DM), which was the 20 times growth of that of the 1950s. This volume could be in Korean currency approximately more than 5 trillion won. East-West Germany Trade was many small businesses from broad range of fields joined, mostly with daily products. Therefore it was politically less affected and was a great help to protect and sustain the national unity. A consistent and determined stance of the German Federal Republic(West Germany) on the East-West Germany trade is that East Germany and West Germany is in legally still existing the whole country(German Empire), so that they are not in a mutually foreign relationship, rather in a special relationship, and all the state institutions have the legal obligations to protect and sustain the nationality and national unity of this whole country and struggle to integrate the government power that is separately exercised in real. Therefore the German Federal Republic struggled to carry out this regardless of economic interests. According to this position, West Germany strived to extend trade between East and West Germany and did not impose tariffs. Furthermore, they explained their position actively to friendly nations (especially EC and GATT member countries) and achieved their understanding. In consequence of the effort of West Germany`s government, 1989/90, when the East-European bloc collapsed, surrounding nations could easily understand the unifications policy of Germany. By the trade between East and West Germany, the Military Government Law (Militärregierungsgesetz) number 53, proclaimed during the Military Occupations Era, has been applied until the reunification of Germany. Although the Western Allies gave German Republic the right of change, German Federal Parliament kept the name and regulations of the Military Government Law number 53. Even when the Law of Foreign Economic was enacted by the German Federal Parliament, it was not applied to the trade between East and West Germany. It is seen as an action to maintain the uniqueness of the trade between East and West Germany. In regards to the unconstitutionality controversy of the Military Government Law number 53, the German Federal Constitutional Court judged that it is hard to apply the Fundamental Law principles to the `general permission and exceptional prohibition` and discretion problem of intendance of permission of rights to freedom. Moreover, Constitutional Court also decided that with the trade between East and West Germany, national agencies should keep the direction of liberalization and an arbitrary regression is not acceptable here. This also has many implications for Korea. Berlin Convention is the international legal convention that becomes the basis of the trade between East and West Germany. This convention includes a broad range of the annex, memoranda, etc through 130 days of conference. It is not always a good treaty when the period of negotiation is long and contents are lot, however, there is no doubt that this convention is formed extremely carefully. Besides, after the convention became effective, both governments have been strived to perform, complement and develop the convention by crossing east and west Berlin every 2 weeks. It is easy to figure out their efforts on the trade between two states. One characteristic of Berlin Convention is the way of payment s

목차

Ⅰ. 서

Ⅱ. 동ㆍ서독 간 교역 현황

Ⅲ. 동ㆍ서독 간 교역의 기본법적 성격

Ⅳ. 동ㆍ서독 간 교역의 국내법적 근거

Ⅴ. 동ㆍ서독 간 교역의 조약상 근거

Ⅵ. EC 및 GATT와 동ㆍ서독 간 교역

Ⅶ. 결론

키워드

동ㆍ서독 간 교역 동ㆍ서독 교역 내독간 교역 점령지역간 교역 동ㆍ서독 교역에 관한 베를린협약 군정청법 제53호 관세면제 관세경계 청산교역 대금결제제도 교역 초과한도 가상통화 내독간 교역 허가처 내독간 교역협상대표 Trade between East and West Germany East-West Germany Trade Trade between Occupied Region Berlin Convention of East-West Germany Trade Military Government Law(MRG) Number 53 Tariff Exception Tariff Border Clearing Vertual Money(VE) JEIA TSI