The Choice of the Paradigm of Discussion on the Right of Poland to Obtain Compensation From Germany Because of the WWII Aggression and Occupation

Abstract

The text is devoted to the choice of the paradigm of discussion on the right of Poland to obtain compensation from Germany in connection with the Second World War. In the opinion of the author the main failure of the hitherto discussion on the rights of Poland vis-a-vis Germany is a very infrequent reference to the rules on state responsibility. They are simple and lead to a very simple conclusion – namely the obligation of international law to pay a compensation which would wipe out all the consequences of the breach of international law. The author analyses in more detail the influence of the Potsdam Agreement and the 1953 declaration of the government of the Polish People’s Republic. In his opinion the Potsdam Agreement had no adverse effect on the scope of the Polish rights. While it is impossible to deny such an influence of the 1953 declaration, the author shows that even on a very wide interpretation it cannot be seen as a definitive end of all rights of Poland. The main message is that it is the set of psychological errors on the Polish side which make the discussion on the Polish rights so difficult and unfruitful.