Legal Basis
A legal expert produced a legal opinion setting out that the Soviet declaration (initiating diplomatic relations with the German Democratic Republic) had finally separated the Soviet Zone from the three western zones, but that, since it was under the control of the Soviet Union, it had no separate state government and therefore did not meet the minimum requirements of statehood. The legal opinion went on to claim that any state that had established diplomatic relations with the Federal Republic of Germany or had declared an end of the state of war had implicitly recognized the Federal Republic as having an exclusive mandate to represent Germany.
The western allies, in various agreements, including the General Treaty of 1955, had agreed to recognize only the Federal Republic of Germany. The western occupying powers (France, Britain, and the USA) accepted the continued existence of the pre-existing German State; and the New York Declaration of 18 September 1950 stated that they "regard the government of the Federal Republic of Germany as the only German government freely and legitimately constituted and therefore entitled to speak for the German nation in international affairs". An unpublished "interpretative minute" produced at the same time clarifies that the formula did not constitute recognition of the Government of the Federal Republic as the de jure government of all Germany".
The legal justification for the policy was that there was an obligation (based on the constitution and the General Treaty, to strive for German re-unification and therefore to avoid or prevent recognition of East Germany and thus the division of Germany. The political arguments were: that recognition implied acceptance of the division of Germany; that non-recognition meant rejection of the status quo; that non-recognition gave moral support to the population of East Germany in rejecting the Communist regime; that non-recognition weakened the international standing of the German Democratic Republic and the Soviet Union and increased the standing of the Federal Republic of Germany; and that recognition of the German Democratic Republic would not lead to reunification because the other side would not be expected to commit political suicide.
Read more about this topic: Hallstein Doctrine
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