This article explores whether the Federal Republic of Germany (FRG) is identical with pre-war Germany. The question is relevant for the understanding of the 1970 Treaty of Warsaw, because in the event it is identical, the FRG would be the predecessor State of Poland with regard to the former German territories east of the Oder-Neisse line and, therefore, competent to renounce any territorial title. By contrast, in the case of non-identity the FRG would only have been a third State with regard to these territories. However, even in case of identity, the scope of the Treaty of Warsaw seems ambiguous due to Allied reservations. Hence, it was wise to confirm the transfer of sovereignty in 1990.

The 1970 Warsaw Treaty lists a number of unilateral declarations, primarily on the part of the Federal Republic of Germany. Nowadays, in view of the fundamentally changed circumstances between Germany and Poland, these declarations no longer play a significant role. Nevertheless, it is interesting to dogmatically examine them, not only for legal historical reasons but also based on the acknowledged principle that the understanding of the present is always shaped by the past. This contribution aims to meet this challenge.