1929

AT

Deutsche Continental Gas-Gesellschaft v Polish State

Pursuant to the treaty of Versailles, liquidation of property of German nationals, Poland ordered the liquidation of property owned by the plaintiff company in Warsaw (former Russian territory acquired by Poland). The company claimed that Poland could not be considered as possessing de jure the territory designated as Congress Poland (formerly Russian) as long as the boundaries of this territory had not been fixed, so that the territory belonged in law to Russia.

There is no doubt that Poland exists as a State exercising sovereignty over the Russian and Austrian parts of Poland. It is unnecessary to dwell upon the subtle distinction between recognition de jure and recognition de facto. The recognition of a State is not a constitutive element but merely declarative. The state exists by itself (par lui meme) and the recognition is nothing else than a declaration of existence. In order to say that a state exists and can be recognised as such … it is enough that its territory has a sufficient consistency, even though its boundaries have not yet been accurately defined.