Treaty on the Final Settlement with Respect to Germany
On the 1st of August 1945, the Potsdam Agreement established provisional terms for governing Germany after World War II. This accord created an Oder, Neisse line that awarded most of Germany's former eastern provinces to Poland and the Soviet Union. German populations in these areas fled or were expelled during the conflict. The German Democratic Republic accepted this border in a 1950 Treaty of Zgorzelec with Poland. West Germany initially rejected the arrangement entirely under the Hallstein Doctrine. It later recognized the border only as provisional in the 1970 Treaty of Warsaw. That treaty stated final status would be decided by a future peace settlement. Until the Cold War ended in the late 1980s, little progress occurred toward establishing a single government for all Germans. Consequently, Germany lacked full national sovereignty in many respects. Several developments in 1989 and 1990 collectively termed the Peaceful Revolution led to the fall of the Berlin Wall. A conversation on the 9th of February 1990 between US Secretary of State James Baker and Mikhail Gorbachev in Moscow argued for holding Two-Plus-Four talks.
A national election held on the 18th of March 1990 in the German Democratic Republic resulted in a plurality victory for parties favoring reunification. Both German states agreed to accept terms affecting Germany from the Potsdam Agreement to achieve unity. On the 31st of August 1990, the Federal Republic and the German Democratic Republic signed an Unification Treaty describing accession specifics. This enabled international parties to negotiate a final settlement. The Treaty on the Final Settlement with Respect to Germany was signed in Moscow on the 12th of September 1990. It paved the way for German reunification on the 3rd of October 1990. Under these terms, the Four Powers renounced all rights they formerly held regarding Germany including Berlin. Upon deposit of the last instrument of ratification, united Germany became fully sovereign on the 15th of March 1991. Hans-Dietrich Genscher participated in the first round of talks conducted in March 1990 at the Ministry of Foreign Affairs in Bonn.
The treaty defined territory of a united Germany as East Germany, West Germany, and Berlin. It prohibited Germany from making any future territorial claims east of the Oder, Neisse line. Another important provision confirmed the internationally recognized border with Poland and other changes since 1945. Germany agreed to sign a separate treaty with Poland reaffirming their common border binding under international law. This occurred on the 14th of November 1990 with signing of the German, Polish Border Treaty. The Federal Republic was required by the treaty to amend its Basic Law constitutionally prohibiting acceptance of applications from territories outside current borders. These amendments prevented incorporation of former eastern territories like East Prussia or Silesia into unified Germany. The agreement effectively relinquished these lands to Poland while maintaining peace between neighbors. No foreign armed forces would be stationed in six states including Berlin and former East Germany creating a permanent Nuclear-Weapon-Free Zone.
All Soviet forces in Germany were scheduled to leave the country by end of 1994. Before withdrawal, Germany could only deploy territorial defense units not integrated into alliance structures. German forces assigned to areas where Soviet troops were stationed remained there until Soviets departed. After Soviet withdrawal Germans could freely deploy troops except for nuclear weapons. Germany undertook efforts reducing armed forces to no more than 370,000 personnel total. Of those figures, no more than 345,000 belonged to Army and Air Force branches. Limits commenced when Treaty on Conventional Armed Forces in Europe entered force. Other participants expected to contribute enhancing security through limiting personnel strengths. Germany reaffirmed renunciation of manufacturing possession controlling nuclear biological chemical weapons. The Nuclear Non-Proliferation Treaty continued applying fully to unified Germany. Allied troops remained stationed in Berlin upon Germany's request during Soviet presence duration.
After Soviet Union dissolved itself in December 1991 command unit devolved to Russian Federation. German government recognized Russia as successor state maintaining right to keep troops until end of 1994. President Boris Yeltsin ordered troop deployment reduced significantly below treaty limits due to economic hardship. Last Russian troops left Germany at end of August 1994 four months before deadline. In first decade of 21st century Bundeswehr transformed gradually into fully professional force. By the 1st of July 2011 date on which Germany voluntarily suspended conscription retained fewer than 250,000 active duty personnel. That number represented barely two thirds of country's treaty limit. By 2025 active personnel decreased further below 183,000. After 2022 Russian invasion of Ukraine government announced significant long-term increase military spending. Total active personnel aimed increasing moderately up to 260,000 still well below stipulations of original treaty.
Some commentators such as Stephen F. Cohen advanced interpretation that US Secretary James Baker promised NATO would expand not one inch eastward during February 1990 conversation. Neither recording nor written minutes of Baker comment exist regarding Eastern Europe expansion. Mikhail Gorbachev stated in 2014 assurance pertained only to East Germany resulting agreement upheld by NATO. His main aide Eduard Shevardnadze agreed question never came up in talks on German reunification. Countries in question remained Warsaw Pact members hosting large Soviet garrisons at time. Russia and Western nations signed Treaty on Conventional Armed Forces in Europe in 1990 establishing multilateral framework cross-border cooperation. In 1997 NATO and Russia signed Founding Act stating sovereign right seek alliances. NATO expanded to sixteen Eastern countries including Poland Czech Republic Hungary Bulgaria Estonia Latvia Lithuania Romania Slovakia Slovenia Albania Croatia Montenegro North Macedonia Finland Sweden. Five of them now border directly with Russia.
Russia, NATO relations deteriorated rapidly following Ukrainian Orange Revolution in 2004, 2005. In December 2006 Russia indicated ratification Energy Charter Treaty unlikely due pipeline access provisions. Relations became almost openly hostile after 2008 Kosovo declaration independence from Serbia launching Russo-Georgian War August 2008. On the 1st of April 2014 NATO unanimously decided suspend practical co-operation responding annexation Crimea though Council not suspended. In 2015 Russia terminated participation Treaty on Conventional Armed Forces in Europe entirely. After subsequent 2022 Russian invasion Ukraine Founding Act considered definitively abrogated by Russia declared direct threat Euro-Atlantic security Madrid summit same year. Vladimir Putin demanded legal ban Ukraine joining NATO during 2021, 2022 crisis both refused subsequently invaded Ukraine. Invocation alleged non-expansion pledge cited disregarding Budapest Memorandum rebuffed repeatedly by NATO member states. German magazine Der Spiegel published investigation February 2022 discovering memo classified secret dated the 6th of March 1991 about meeting Bonn foreign ministries directors. Jürgen Chrobog stated during negotiations made clear would not expand NATO beyond Elbe River.
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Common questions
When was the Treaty on the Final Settlement with Respect to Germany signed?
The Treaty on the Final Settlement with Respect to Germany was signed in Moscow on the 12th of September 1990. This agreement paved the way for German reunification which occurred on the 3rd of October 1990.
What border did the Treaty on the Final Settlement with Respect to Germany confirm between Germany and Poland?
The treaty confirmed the internationally recognized border along the Oder Neisse line established after World War II. A separate German Polish Border Treaty signed on the 14th of November 1990 reaffirmed this common border binding under international law.
When did united Germany become fully sovereign according to the Treaty on the Final Settlement with Respect to Germany?
United Germany became fully sovereign on the 15th of March 1991 upon deposit of the last instrument of ratification. The Four Powers renounced all rights they formerly held regarding Germany including Berlin before this date.
How many active duty personnel does Germany have as of 2025 under the Treaty on the Final Settlement with Respect to Germany limits?
Active personnel decreased further below 183,000 by 2025 while remaining well below the original treaty limit of 370,000 total personnel. The government aims to increase forces moderately up to 260,000 following the 2022 Russian invasion of Ukraine.
Did US Secretary James Baker promise NATO would not expand eastward during talks for the Treaty on the Final Settlement with Respect to Germany?
No written minutes or recordings exist confirming a promise that NATO would not expand one inch eastward during the conversation on the 9th of February 1990. Mikhail Gorbachev stated in 2014 that assurances pertained only to East Germany and his aide Eduard Shevardnadze agreed the question never came up in talks.
All sources
42 references cited across the entry
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