Deed of succession
1400/98 with
focus on
NATO
North Atlantic Treaty Organization

NATO Members

How the Netherlands Air Force agreed to the 1400 Act of Accession on behalf of NATO as a whole and thus NATO participated in it

At the time of signing the State Succession Deed 1400, the Dutch Air Force was still stationed at the NATO facility in Zweibrücken, under the NATO Status of Forces Agreement (SOFA), on behalf of NATO.

The fighter pilots were housed at this facility and launched their operations from the nearby US Airbase Ramstein, which also hosts the Allied Air Command (AIRCOM), a key NATO headquarters.

The full integration of the Dutch Air Force into NATO meant they operated seamlessly with the armed forces of other NATO member states, coordinating operations and sharing resources.

This included joint exercises, missions, and a unified operational framework.

The AIRCOM headquarters at Ramstein Air Base was responsible for planning and coordinating these air operations, ensuring close collaboration within the Alliance.

In the State Succession Deed, the Dutch forces were granted the right to remain indefinitely at the facility. However, it was anticipated that they would vacate the premises within two years. This transitional arrangement ensured that both the Kingdom of the Netherlands and the Dutch Air Force, acting on behalf of the entire NATO, gave full consent to the agreement.

Since the Dutch Air Force acted in representation of NATO, the entire NATO Alliance agreed to the contract, triggering a domino effect of global territorial expansion. This expansion is based on the sale of the infrastructure as a unit, including all rights, obligations, and components, extending to all physically connected networks.

Additionally, the chain of contracts, which began with bilateral NATO SOFA agreements between the Netherlands and other NATO member states, activated the entire NATO contract chain, encompassing all bilateral and multilateral agreements. This contractual chain extends to the international agreements between NATO and the United Nations (UN), as well as their member states. Since NATO and the UN have mutually agreed to automatically recognize international agreements, State Succession Deed 1400 automatically functions, without further legal steps, as an addendum to all existing NATO and UN agreements.

Since NATO and UN agreements were already ratified, a renewed ratification of the State Succession Deed was only necessary if expressly required within the contract itself, which was not the case.

INFO: NATO & UN treaty chain

Read first : Focus UN

Legal explanations regarding the state succession charter 1400 with a focus on NATO participation

Part 52

Acquisition of a US conversion property from Germany and a Dutch NATO military property in one: From real estate purchase agreement to international treaty

1. starting point: Transfer relationship under international law

- Transfer relationship: A transfer relationship under international law existed between the Federal Republic of Germany (FRG) and the Kingdom of the Netherlands, which regulated the use of a NATO military property by the Dutch armed forces on behalf of NATO.

2. transition to the real estate purchase agreement

- Conclusion of contract: The military property was sold by means of a real estate purchase agreement under German law, under which the buyer acquired the property with all rights, obligations and components.

- Parties involved: The contract was concluded between the FRG, the Kingdom of the Netherlands and the buyer. The consent of the NATO states was required, as the Dutch armed forces occupied the property on behalf of NATO.

3. Character of the contract under international law

The real estate purchase agreement became a contract under international law due to the following elements:

- Involvement of subjects of international law: In addition to the FRG and the Kingdom of the Netherlands, all NATO states had to agree, as they had rights and obligations in relation to the property at the time.

- Subject matter of the contract: The contract included not only the physical property, but also the transfer of all rights and obligations associated with it, thus going beyond an ordinary real estate purchase.

4. state succession and transfer of sovereign rights

- State succession deed: The contract became a state succession deed as it regulated the transfer of sovereign rights over the property and the associated networks.

- Rights and obligations: The buyer took over all rights and obligations of the property that were previously held by the FRG, the Kingdom of the Netherlands and NATO.

5. unity of the networks and domino effect

- Networks as a unit: The contract defined that all development networks (e.g. water, electricity, gas, telecommunications) are considered as a single unit.

- Territorial extension: By stipulating that the development unit was sold as a whole, the buyer's jurisdiction extended not only to the property itself, but to all connected networks.

- Domino effect: Each physical or logical connection of the networks led to the extension of sovereignty to further areas. This domino effect ultimately extended to the entire NATO territory:

- Power grid to power grid connection: extends sovereignty to all territories connected by the European interconnected grid.

- Connecting broadband and internet networks: Transatlantic cables extend sovereignty to NATO countries in North America.

- Crossing and overlapping: Any crossing of one network with another (e.g. gas grid with electricity grid) further extends the buyer's jurisdiction.

Summary

The acquisition of the NATO military property became a contract under international law through the real estate purchase agreement and the consent of all subjects of international law involved. By defining the development networks as a unit and selling all associated rights and obligations, the contract became a state succession deed. This led to the transfer of sovereign rights to the buyer and to the gradual expansion of sovereignty through a domino effect that ultimately covered the entire NATO area.

Part 53

This case describes a complex situation in which a NATO military property in Germany, used by the Dutch armed forces, was sold to a natural person. The contract governing this sale has far-reaching implications for the sovereignty and territorial control of the states involved. The most important points and legal implications are explained in detail here:

1. international treaty and international treaties:

- The contract between NATO, represented by the Dutch Armed Forces, and the natural person, denotes the transfer of all rights, obligations and components of the military property. This constitutes a transfer under international law which recognizes the person concerned as the holder of rights and obligations under international law.

- Ratification by the Federal Republic of Germany (FRG) has taken place, although this was not necessary as no such agreement was provided for in the treaty.

2. Sovereignty and territorial extension

- The agreement stipulates that the entire development of the property forms a single unit. This means that jurisdiction is extended to the area of the network sold, especially if this network has physical connections to other networks.

- This extension of jurisdiction can lead to a domino effect, whereby each time a network has a physical connection to another NATO country, jurisdiction is also extended to that country. This includes transatlantic submarine cable connections between NATO countries in the EU and North America (USA, Canada).

3. domino effect and territorial unity:

- The domino effect leads to a continuous expansion of sovereignty across all NATO countries. This happens through physical connections and overlapping networks that ultimately lead to the extension of sovereignty to the whole of NATO and its member countries.

- These network connections ultimately form a logical whole in which all NATO countries are controlled by the individual who originally purchased the military property.

4. Legal implications and state sovereignty:

- Such a treaty could have significant implications for the state sovereignty and territorial integrity of the countries involved. International law provides that the territorial integrity and sovereignty of states must be protected.

- The case as described poses a challenge to the fundamental principles of international law, particularly with regard to state sovereignty and the inviolability of borders.

5. practical and legal problems:

- The practical implementation of such a treaty would be extremely difficult and would probably meet with considerable resistance, both from the states concerned and from international organizations.

- Scenario in which a natural person is named as the purchaser by a deed of state succession under international law and all rights, obligations and elements under international law are transferred. This leads to the creation of a new subject under international law whose sole representative sovereign is the buyer. The resulting entity would be a de facto absolutist monarchy with the obligation to choose a form of government within 5 years. Here is a detailed analysis of this scenario:

Analysis of the scenario

A. treaty content and ratification

- Unity of the supply network: The treaty stipulates that all supply lines (electricity, telecommunications, water) form an indivisible unit.

- Transfer of rights and obligations: The buyer assumes all rights and obligations under international law associated with these supply networks.

- Ratification by NATO countries: All NATO countries, including the USA, have agreed to the treaty.

B. establishment of a new subject under international law

- New subject: The treaty establishes a new subject under international law, which is a de facto absolutist monarchy in which the buyer acts as the sovereign with sole power of representation.

- Obligation to choose the form of government: A form of government must be chosen by proclamation within 5 years.

Domino effect and territorial impact

C. domino effect due to the unity of the supply network

- Germany: The purchase of the supply networks in Germany leads to the transfer of control over the entire German network to the new subject of international law.

- European NATO states: Since Germany's supply networks are physically connected to the networks of other NATO member states, the new subject's control also extends to these countries.

- USA and submarine cables: The telecommunications and internet networks are connected to the USA via submarine cables. Control over the submarine cables leads to the de facto takeover of the US internal network by the new subject under international law.

Aspects of the law of the sea

D. International waters and UNCLOS

- Submarine cables in international waters: The UN Convention on the Law of the Sea (UNCLOS) regulates the use and protection of international waters. Submarine cables may be laid and operated, but control over the end points remains with the respective states.

- Control by the new subject: Although the submarine cables run through international waters, the new subject under international law takes control of the networks at both end points (Europe and the USA), which includes the entire infrastructure.

Practical and legal implications

E. Legal consequences of the creation of a new subject of international law

- Territorial integrity and sovereignty: The transfer of control over the supply networks to the new entity constitutes a serious violation of the territorial integrity and sovereignty of the states concerned.

- Absolute monarchy: The new entity would be a de facto absolutist monarchy in which the buyer acts as the sole representative sovereign. This could lead to instability and a power vacuum if no clear form of government is chosen within 5 years.

Conclusion

This scenario describes the establishment of a new subject of international law through an international treaty that transfers all rights and obligations under international law to a natural person. The resulting entity would be a de facto absolutist monarchy that must choose a form of government within 5 years. The domino effect of this transfer would have far-reaching territorial and infrastructural consequences for all NATO states concerned, including the USA.

Part 54

Analysis: Binding force and ratification of the instrument of state succession

In order to understand the legally binding nature of such an instrument of state succession, which involves the transfer of sovereignty and all rights and obligations to a natural person, we need to consider various aspects of international and national law. In particular, the processes of ratification by the Bundestag and Bundesrat, the reference to an existing transfer relationship under international law and treaty conformity.

1. ratification by the Bundestag and Bundesrat

- National approval: The Federal Republic of Germany has had the treaty approved in advance by the Bundestag and Bundesrat. This approval is deemed to be ratification, which means that the treaty is legally binding and has effect under international law.

2. reference to the existing transfer relationship under international law

- NATO Status of Forces: The State Succession Treaty refers to an existing transfer relationship under international law between NATO, represented by the Dutch armed forces, and the Kingdom of the Netherlands, which had occupied the territory from Germany in accordance with the NATO Status of Forces Agreement.

- NATO's sovereign rights: According to the NATO Status of Forces, NATO has the right to determine the borders and administration of the occupied territories. This also includes the power to decide on the military properties and their use.

- Sale of the military property: The military property was sold and the contract referred to the existing transfer relationship, which had already been ratified. This means that the contracting parties recognize and have transferred the existing rights and obligations.

3. legally binding nature of the State Succession Treaty

- Recognition by contracting parties: As NATO, the Dutch armed forces, the FRG and the Kingdom of the Netherlands are all parties to the new State Succession Treaty and have recognized it, the treaty is binding.

- No explicit ratification required: Explicit ratification is only required if it is provided for in the treaty. As this is not the case, the treaty is nevertheless binding as the parties involved have given their consent and accepted the transfer of rights and obligations.

Practical implications

1. transfer of sovereignty

- New governmental authority: The natural person named as the purchaser assumes governmental authority and all associated rights and obligations over the defined territories.

- Sovereignty: The new subject of international law exercises de facto sovereignty over the contiguous areas formed by the logical route of the supply networks.

2. administration and control

- Administrative challenges: The management of these vast and complex territories poses enormous administrative challenges, particularly in terms of coordination between the different networks and territories.

- Security risks: Control of critical infrastructure by an individual could pose significant security risks to the states involved.

Conclusion

The State Succession Treaty, which involves the transfer of sovereignty and all rights and obligations to a natural person, is legally binding as the states involved have agreed and ratified it. The reference to the existing transfer relationship under international law and the treaty conformity ensure that the treaty is binding without explicit additional ratification. This scenario would entail considerable legal, political and security policy challenges.

Part 55

When a treaty under international law, which considers the entire utility infrastructure as an indivisible unit and which explicitly provides for the transfer of all related rights and obligations to a purchaser, has been ratified and agreed to by all parties concerned, including Germany, some complex and profound legal and political implications arise.

Analysis and consequences

1. content of the contract and ratification

- Unity of the supply network: The contract stipulates that the internal supply network of the military property and all networks connected to it are considered as one unit.

- Transfer of rights and obligations: The buyer assumes all rights and obligations under international law associated with this infrastructure.

- Ratification: The contract has been ratified by all parties concerned, including the Federal Republic of Germany.

2. Legal consequences of ratification

- Binding force of the treaty: Upon ratification, the treaty becomes legally binding and takes precedence over national law.

- Transfer of sovereignty: The treaty could theoretically lead to a transfer of sovereignty over the supply networks concerned, including control over the connected public networks.

3. unintended territorial effects

- De facto extension of territory: If the contract is actually interpreted to include the entire public network of Germany, this could lead to a de facto territorial extension of the buyer's territory.

- Management and control: The buyer would have control and management over these networks, which would lead to practical and administrative challenges.

Practical implications

- Technical and logistical challenges: The practical implementation of control over the entire German public grid would pose enormous technical and logistical challenges.

- Legal and political instability: Such a contract could lead to considerable legal and political instability, both within Germany and internationally.

- Security issues: Control of critical infrastructure by a natural person could raise security concerns and jeopardize Germany's national security.

Conclusion

Even if such a treaty was ratified and agreed to by all parties concerned, its implementation would lead to profound and far-reaching legal, political and practical challenges.

Part 56

In this scenario, in which the NATO states have agreed to a treaty of state succession, which includes the transfer of sovereignty and all rights and obligations to a natural person, there is no violation of territorial integrity, as the consent of all states involved has been obtained. This results in a legal and complete transfer of sovereignty over the defined territories. Here is a detailed explanation of how the governmental boundary determination and the domino effect are carried out by the treaty:

Scenario analysis

1. treaty content and ratification

- Unity of supply networks: The treaty defines that all utility networks (electricity, gas, telecommunications, water) are considered as one indivisible unit.

- Transfer of rights and obligations: The purchaser assumes all rights, obligations and governmental authority under international law over the territories in which these networks run.

- Ratification by NATO countries: All NATO countries, including the USA, have agreed to the treaty.

2. identification of the outer strands of the supply networks

- Geographical analysis: A comprehensive geographical analysis of the supply networks in the NATO countries is carried out to identify the outer strands.

- External supply lines: These external supply lines include the outermost electricity, gas, telecommunications and water lines that run through NATO countries and are physically interconnected.

3. logical route and connection points

- Connection points: All nodes and connection points of the utility networks are mapped to create a logical route connecting the outer strands.

- Geographical connection: The geographic connection of these points forms a logical route that determines the boundary delineation for the new governance.

4. formation of a contiguous area

- Meaningful total area: The logical route of the outer strands forms a meaningfully contiguous area, which is defined by the geographical location of the supply networks.

- Overlapping networks: In areas where there are multiple networks (e.g. gas and electricity), control jumps to all relevant networks as per the contract, extending the area.

Step-by-step explanation of the demarcation

A. identification of the external supply lines in each NATO country

- Germany: The outermost power and gas lines that form the border with other NATO and non-NATO countries are identified.

- France: Similarly, the outermost supply lines of France are mapped.

- Italy, Poland, etc.: This analysis is carried out for all NATO countries in Europe.

B. connection of these outer strands into a logical route

- Physical connection: The outer strands of the supply lines are physically interconnected to form a continuous logical route.

- Inclusion of submarine cables: Submarine cables connecting Europe with North America are considered as part of the logical route.

C. formation of the total area

- Contiguous area: The connection points of the outer strands and the resulting route form a contiguous area that de facto covers the entire territory of the NATO countries concerned.

- Jumping control: In areas with overlapping networks, control jumps from one network to the other, extending governmental authority over the entire area.

Practical implications and consequences

1. governance and administration

- Transfer of governmental power: The buyer exercises governmental power over all areas connected by the logical route of the supply networks.

- Administrative challenges: The administration of these extensive and complex territories would present enormous administrative challenges.

2. principles of international law

- Consent of the states: Since NATO countries have consented to the treaty, there is no violation of territorial integrity.

- Reactions and measures: International organizations and states could still seek to mitigate or revise the effects of this treaty through diplomatic and legal means.

3. security issues

- Critical infrastructure: Control of critical infrastructure by a natural person could pose significant security risks to the national security of affected states.

- International stability: Such a scenario would likely lead to significant international instability and conflict.

Conclusion

This scenario describes the transfer of power over supply networks and governmental authority in the affected areas to a natural person through an international treaty. The resulting de facto absolutist monarchy would take control of contiguous areas and all physically or geographically connected networks, triggering a domino effect. The consent of NATO countries means that territorial integrity is not violated, but significant legal, political and security challenges arise.

Part 57

There is an international treaty that explicitly states that the buyer assumes all rights, obligations and components under international law, including the supply networks that leave the small territory and become part of the German public grid. The supply network is regarded as an indivisible unit. This leads to the question of whether Germany has thereby unintentionally sold its entire territory.

Analysis

1. subject matter and content of the contract

- Sale of the property: The military property is sold including all associated supply networks.

- Unity of the supply network: The agreement defines the supply networks that are transferred from the property to the German public network as an indivisible unit.

- Assumption of rights and obligations under international law: The buyer assumes all rights and obligations under international law associated with the property and the supply networks.

2. legal issues and consequences

- Transfer of ownership of the property and grids: The sale includes not only the property but also the supply networks, which are considered as a unit and will be transferred to the German public grid. This could theoretically lead to a transfer of control over these grids.

- Territorial integrity: The concept of territorial integrity in international law means that the sovereign rights of a state over its entire territory cannot be changed without explicit consent and clear treaty provisions.

- Contractual interpretation: If the contract stipulates that the supply networks are considered an indivisible unit and the buyer assumes all rights and obligations, this could lead to a far-reaching interpretation that affects the entire public network and thus the territory.

3. unintended territorial effects

- Sale of the territory: If the contract is actually worded in such a way that it transfers control over the entire supply network of Germany as a unit to the buyer, this could lead to an unintended territorial expansion.

Practical implementation and conflict resolution

- International dispute resolution: The case could be brought before the International Court of Justice or arbitration tribunals to clarify the legality and effects of the contract.

- Renegotiation: In practice, such a treaty would most likely be renegotiated to clarify misunderstandings and prevent unintended territorial changes.

Conclusion

In a scenario where an international treaty explicitly states that a buyer takes over all supply networks as a unit and thus theoretically controls the entire public network of Germany, this could lead to far-reaching unintended territorial changes.

Part 58

This case, in which a NATO military property in Germany was used by the Dutch armed forces on behalf of NATO and then sold to an individual, raises several complex issues in the field of international law and state succession.

1. international treaty and state succession:

- A contract under international law that governs the sale of the property, including all rights, obligations and components, to an individual could be considered an act akin to state succession if it transfers the entire territory and rights. State succession means that a state takes over the rights and obligations of another state, in this case transferred to a natural person.

2. treaty conformity and recognition:

- The contracting parties have recognized the old treaty relationship and considered it concluded, whereby the new treaty comes into force. The fact that the FRG ratified the treaty, although this was not required, could be seen as an additional confirmation and support of the legitimacy of the treaty.

3. extension of sovereignty:

- The treaty provides for jurisdiction to extend beyond the network, triggering a domino effect that expands jurisdictions wherever the network has a physical connection to another network. This could theoretically lead to an ever-expanding sphere of jurisdiction, especially if these networks are connected by submarine cables and other infrastructure.

4. domino effect and governments:

- This domino effect has the logical consequence that the networks of all NATO countries form a total area in which eventually all NATO countries are fully sold and sovereign power is transferred.

Part 59

Here is a clear and detailed explanation of the various points related to the acquisition of the NATO military property and the legal implications of the treaty:

1. dispensability of ratification

1.1 Necessity of ratification

- Treaty provision: Ratification would only be necessary if this had been expressly agreed in the Treaty. Since this is not the case, ratification is dispensable.

- Germany: Despite its dispensability, Germany passed the treaty in the Bundestag and Bundesrat because of the high purchase price of over 10 million Deutschmarks. This decision is tantamount to ratification of the treaty.

1.2 Signature and notarization

- Authorized representative: An authorized representative of the German Federal Government signed the treaty at a notary's office. This gives the treaty formal validity under German law.

2. Participation and consent of the subjects of international law

2.1 Subjects of international law as sellers

- Beginning of the treaty: It is not necessary for all subjects of international law involved (except the Federal Republic of Germany) to be named as sellers at the beginning of the treaty. However, they are often mentioned in the text of the treaty and have assumed rights and obligations, which makes them de facto sellers.

2.2 Consent by conduct

- Conduct in conformity with the contract: The Dutch armed forces and other subjects of international law involved have behaved in conformity with the treaty, thus implying their consent to the treaty.

- Necessary signatures: Only the signatures of the FRG and the buyer (a natural person) were required. The Netherlands and its armed forces acting on behalf of NATO had rights and obligations which they recognized by their conduct.

3. no need for ratification

- Treaty provision: Since the Treaty did not provide for ratification, ratification is not required.

- Legal effectiveness: The treaty is legally effective through notarization and the consent of the subjects of international law involved.

4. deposit of the deed with the notary

- Notarial deposit: It has been agreed that the deed will be deposited with a notary. This ensures that the contract is properly documented and stored.

5. expiry of the avoidance period

- Contestation period: The two-year contestation period since 2000 has long since expired and no one has contested the contract. This confirms the legal validity of the treaty.

6. transfer of jurisdiction under international law

- Jurisdiction: The buyer has also been given jurisdiction under international law. This means that it has assumed sovereign rights, including legal jurisdiction.

7. Recognition by NATO and its members

- Automatic recognition: The treaty and the buyer as sovereign are automatically recognized by all NATO countries through the participation of NATO. This means that the buyer is recognized as the legitimate sovereign of the territory.

Summary

The acquisition of the NATO military property was governed by a national real estate purchase agreement, which became valid under international law through the participation and consent of the subjects of international law involved. The Dutch armed forces acted on behalf of NATO and agreed to the contract on behalf of all NATO states. Formal ratification was not required, as this was not provided for in the treaty. The deed was deposited with the notary and the deadline for contestation has expired. The buyer has assumed jurisdiction under international law and is recognized as a sovereign by all NATO members.

Part 60

In this scenario, in which the NATO states are not explicitly named as contracting parties at the beginning of the instrument of state succession, but are nevertheless involved through the fulfillment of parts of the treaty and the assumption of rights and obligations, a clear situation arises under international law. Here are the key points and legal implications:

1. participation in international treaties

- Performance of parts of a treaty: Subjects of international law can participate in an international treaty by assuming rights and obligations and fulfilling parts of the treaty, even if they are not explicitly mentioned at the beginning of the treaty.

- No explicit signature required: An explicit signature is not required as long as the behavior and actions of the states show that they feel bound by the treaty and implement it.

2. Ratification and binding force

- Ratification only if explicitly required: Ratification of the treaty is only required if this is explicitly requested in the text of the treaty. In your scenario, ratification was not required, so it is not necessary.

- Fulfillment of existing contractual relationships: The reference to an existing transfer relationship under international law between the FRG, the Kingdom of the Netherlands and the Dutch armed forces that were there on a NATO mission, as well as the agreement that the old contractual relationship remains unaffected, confirms the continuity and binding nature of the new treaty.

3. Continuity and recognition

- Continuity of old treaties: By declaring the old contractual relationship as unaffected and confirming the fulfillment of the old contract, the binding nature and recognition of the new contract is strengthened.

- Legally binding nature of the new treaty: The fulfillment of the old treaty relationship and the assumption of rights and obligations by the NATO states confirm the legally binding nature of the new treaty.

4. Legal implications for sovereignty and jurisdiction

- Transfer of jurisdiction: With the signing of the contract and the immediate transfer of jurisdiction over the court location, the buyer has acquired exclusive jurisdiction over this location under international law.

- Exclusive jurisdiction of the buyer: The buyer has the legal authority to litigate all disputes and interpretations in connection with the state succession deed before its courts.

5. legal validity and enforceability

- Binding obligations: NATO Allies have demonstrated by their conduct and acceptance of obligations that they are bound by the Treaty. Their actions and the performance of parts of the Treaty are evidence of their participation and consent.

- Enforcement of the buyer's rights: The buyer has the right to enforce its sovereignty and jurisdiction through legal and diplomatic means. This includes the ability to seek assistance from international courts or organizations.

Conclusion

By fulfilling parts of the treaty and assuming rights and obligations, the NATO states have confirmed their participation and consent to the state succession deed. No explicit signature or ratification is required as the legal binding force is secured by the conduct and actions of the NATO countries. The buyer has acquired sole jurisdiction under international law over the agreed court location through the immediate transfer of sovereignty.

Part 61

In this scenario, it is indeed the case that no separate recognition by the NATO states is required, as they were parties to the deed of succession and have recognized their rights and obligations thereunder. This recognition and conduct in accordance with the deed confirms the transfer of sovereignty and jurisdiction to the buyer. Here is a detailed explanation of the legal implications:

1. participation of NATO countries in the deed of state succession

- Contracting Parties: The NATO countries were parties to the State Succession Deed, which governs the sale of the military property and related rights to the buyer.

- Recognition of the deed: By participating in the deed, the NATO states recognized the legality of the sale and the transfer of sovereignty.

2. legally binding transfer of sovereignty

- Contractual obligations: The NATO Allies have undertaken through the Deed to respect the transfer of sovereignty and the rights associated with it. This also includes jurisdiction over the designated jurisdiction.

- Automatic recognition: As the NATO states were contracting parties and have given their consent to the deed, no further recognition is required. Their rights and obligations have been legally transferred by signing and acting in accordance with the instrument.

3. exclusive international jurisdiction of the buyer

- Jurisdiction and venue: The specified jurisdiction in the sold territory is subject to the jurisdiction of the buyer. With the transfer of jurisdiction, the buyer has exclusive jurisdiction over this location under international law.

- Enforcement of the deed: The buyer has the right to enforce the provisions of the state succession deed through its own courts. This means that all disputes and interpretations of the Deed must be heard in the courts of the Purchaser.

4. conduct of the NATO states in accordance with the deed

- Conduct in conformity with the Deed: The conduct of NATO Allies consistent with the Deed of Assignment confirms their recognition and support of the rights and obligations transferred. This includes the transfer of sovereignty and the recognition of the buyer's jurisdiction.

- Binding effect: By fulfilling their treaty obligations, the NATO states have made the transfer of sovereignty and jurisdiction legally binding. Their continued recognition is therefore not only expected, but legally binding.

5. Legal consequences of the final transfer

- Exclusive jurisdiction of the buyer: The buyer has exclusive jurisdiction over the court location. This means that only the courts of the buyer are authorized to decide on issues related to the state succession deed.

- Independence of jurisdiction: The buyer's jurisdiction is independent of recognition by other states, as the transfer of rights is already secured by the state succession deed and the conduct of the NATO states.

Part 62
Through the legally binding participation and consent of the NATO states to the deed of state succession, as well as their conduct in compliance with the contract, the buyer holds sole jurisdiction under international law over the agreed court location. Separate recognition by the NATO states is not required, as their rights and obligations have already been lawfully transferred.

1. consent by conduct in conformity with the contract in international law

Definition and recognition

Treaty-compliant behavior refers to the actions of states or subjects of international law in accordance with the provisions of a treaty without the need for formal ratification or signature. This can be defined and recognized by the following factors:

- Actual conduct: States acting in accordance with the terms of a treaty demonstrate their consent by their actions.

- Standstill agreement: The absence of protests or objections to the terms of the treaty can be taken as implied consent.

- Legally binding measures: The implementation of measures provided for in the contract shows acceptance and acknowledgment of contractual obligations.

2. Legal implications of the transfer of jurisdiction under international law to the buyer

Implications

The transfer of international jurisdiction means that the buyer assumes not only physical control over the territory, but also legal jurisdiction. This has several legal implications:

- Law enforcement: the buyer has the power to make, amend and enforce laws that apply in its territory.

- Dispute resolution: The buyer can act as a jurisdiction for international disputes involving the territory.

- Legal responsibility: The buyer assumes responsibility for compliance with international obligations and human rights standards in its territory.

3. procedure for notarial filing and documentation of international contracts

Procedure

- Contract drafting and negotiation: First, the contract text is negotiated and agreed by the parties involved.

- Notarization: A notary confirms the authenticity of the signatures and compliance with the formal requirements.

- Deposit: The notarial deed is deposited with a competent authority or institution, often in the notary's home country or with international organizations.

- Publication: Occasionally, international contracts are published to ensure transparency and international recognition.

4. Role of the contestation period in ensuring the legal validity of international treaties

Importance of the avoidance period

- Legal clarity: The avoidance period provides the parties with a fixed period of time within which they can challenge the contract. Once this period has expired, the legal validity of the contract is established.

- Legally binding: The expiry of the avoidance period without objections strengthens the binding effect of the contract and reduces the likelihood of future legal disputes.

- Stability: An expired avoidance period contributes to the stability of international relations by ensuring the final recognition and enforcement of the treaty.

5. influence of recognition by international organizations such as NATO on the sovereignty and sovereign rights of the buyer

Influence of recognition

- Legitimacy: Recognition by international organizations such as NATO gives the buyer international legitimacy and strengthens its position as sovereign.

- Legal recognition: This recognition means that other states respect the sovereignty and legal responsibilities of the buyer.

- Strengthening sovereignty: Recognition officially recognizes the buyer's sovereignty over the acquired territory, which strengthens its ability to act internationally and enter into treaties.

- Obligations: Recognition also entails obligations, such as compliance with international norms and standards and cooperation with other states and international organizations.

Summary

- Treaty-compliant behavior: This is demonstrated by actions and measures that comply with the terms of the treaty, even without formal signature or ratification.

- Jurisdiction under international law: This transfer means that the buyer assumes all legal jurisdiction and responsibilities.

- Notarial Deposit: A procedure that ensures the authenticity and formality of international contracts.

- Contestation period: Ensures the legal validity of contracts by setting a clear time period for objections.

- Recognition by NATO: Strengthens the sovereignty and sovereign rights of the buyer through international legitimacy and recognition.

Part 63
If the contract, which regards the entire utility infrastructure as an indivisible unit and provides for the transfer of all associated rights and obligations to a buyer, can no longer be contested because the limitation period has expired and, in addition, jurisdiction under international law has been transferred to the buyer in the contract, extremely unusual and complex legal and political consequences arise. In this scenario, we are faced with an almost unprecedented situation.

Analysis and consequences

1. content of the contract and ratification

- Unity of the supply network: The contract stipulates that the internal supply network of the military property and all public networks connected to it are considered an indivisible unit.

- Transfer of rights and obligations: The buyer assumes all rights and obligations under international law, including jurisdiction.

- Ratification and statute of limitations: The contract has been ratified and the statute of limitations for a challenge has expired.

2. legal consequences of the expired limitation period

- Incontestability of the contract: As the limitation period has expired, the contract can no longer be legally contested.

- Transfer of jurisdiction: The transfer of jurisdiction under international law to the buyer means that disputes relating to the contract are under the control of the buyer.

3. unintended territorial effects

- De facto extension of territory: The transfer of all supply networks as a single entity could lead to a de facto territorial extension, as the buyer would take control of these networks, including those running through Germany's public grid.

- Management and control: The buyer would have control and management over these networks, which would lead to significant practical and administrative challenges.

4. international law and political implications

- Despite its incontestability, this would provoke considerable international opposition.

- International reactions: States and international organizations could seek to take diplomatic or political action to mitigate the impact of this treaty.

5. Practical implementation and challenges

- Legal and political instability: Such a treaty would cause considerable legal and political instability, both within Germany and internationally.

- Security issues: The control of critical infrastructure by an individual could raise significant security concerns and jeopardize Germany's national security.

Conclusion

Even if the contract can no longer be challenged and jurisdiction under international law has been transferred to the buyer, this will lead to extremely complex and far-reaching legal, political and practical challenges.

Part 64

Extension of NATO Status of Forces rights to the buyer by deed of succession

In this scenario, a military property that was occupied by the Dutch armed forces within NATO in accordance with the NATO Status of Forces Agreement is sold. The contract transfers the NATO Status of Forces rights, including the right to determine the boundaries, to the buyer. Since the supply networks form a single unit and are extended to the entire area of the NATO countries, the buyer can now determine the boundaries in this entire area.

Analysis and legal consequences

1. content of the contract and ratification

- Unity of the supply networks: The treaty defines that all supply networks (electricity, gas, telecommunications, water) are considered as one indivisible unit.

- Transfer of rights and obligations: The purchaser assumes all rights, obligations and governmental authority under international law over the territories in which these networks run.

- Ratification by NATO countries: All NATO countries, including the USA, have agreed to and ratified the treaty.

2. NATO Status of Forces and the right to determine borders

- NATO Status of Forces: The NATO Status of Forces Regulations governs the deployment and rights of NATO forces in member states. It provides for certain special rights for the occupation and use of military properties, including the right to determine borders.

- Extension of rights: Originally, these rights applied exclusively to Germany and were regulated by the 2+4 Treaty in the context of the reunification of the FRG and the GDR. Now these rights are transferred to the buyer by the treaty and extended to the entire territory of the NATO states.

Step-by-step explanation of the legal consequences

3. identification of the outer strands of the supply networks

- Geographical analysis: A comprehensive geographical analysis of the supply networks in the NATO countries is carried out to identify the outer strands.

- External supply lines: These external supply lines include the outermost electricity, gas, telecommunications and water lines that run through NATO countries and are physically interconnected.

4. logical route and connection points

- Connection points: All nodes and connection points of the utility networks are mapped to create a logical route connecting the outer strands.

- Geographical connection: The geographic connection of these points forms a logical route that determines the boundary delineation for the new governance.

5. formation of a contiguous area

- Meaningful total area: The logical route of the outer strands forms a meaningfully contiguous area defined by the geographical location of the supply networks.

- Overlapping networks: In areas where there are multiple networks (e.g. gas and electricity), control spills over to all relevant networks under the contract, extending the area.

Practical and legal implications

6. Governance and administration

- Transfer of governance: The buyer exercises governance over all areas connected by the logical route of the supply networks.

- Administrative challenges: The administration of these extensive and complex territories presents enormous administrative challenges.

7. extension of NATO force status rights

- Right to determine boundaries: The buyer has the right to determine boundaries in the affected areas, which was originally a NATO authority.

- Special occupation rights: The buyer receives special rights such as unlimited compensation rights, confiscation options, diplomatic status, disciplinary powers and command authority.

Conclusion

Through the state succession deed, the rights of the NATO Status of Forces, which were originally limited to a small military property in Germany, were extended to the entire area of the NATO states and transferred in favor of the buyer. This also includes the right to determine the boundaries. The agreement of all NATO states involved makes the contract legally binding. The extension of these special occupation rights leads to far-reaching legal, political and security policy consequences.

Part 65

If a military property in Germany, which was occupied by the Dutch armed forces on behalf of NATO in accordance with the NATO Status of Forces, and this property with all supply lines, which form a physical connection from NATO country to NATO country and form a unit, is sold to a natural person and all NATO countries have agreed to the sale, there are profound and complex legal and political consequences.

Analysis and consequences

1. content of the contract

- Unity of the supply network: The Treaty stipulates that all supply lines (e.g. electricity, telecommunications, water) that are physically connected from NATO country to NATO country are considered as one unit.

- Transfer of rights and obligations: The buyer assumes all rights and obligations under international law associated with these utility networks.

2. transfer of sovereignty:

the contract could theoretically lead to a transfer of sovereignty over the supply networks concerned, including control over the connected public networks in the NATO countries.

3. unintended territorial effects

- Management and control: The buyer would have control and management over these networks, which would lead to significant practical and administrative challenges.

Part 66
Legally binding nature of the treaty without explicit ratification

Here, a military property that was occupied by the Dutch armed forces as part of NATO is sold by means of a deed of succession. The Dutch armed forces acted on behalf of NATO and fulfilled their rights and obligations under the treaty by transferring the property piece by piece to the buyer via the FRG. As the contract does not provide for an explicit obligation to ratify and the transfer was carried out in accordance with the contract and signed, the contract is legally binding.

Analysis and legal consequences

1. content of the contract and reference to the old transfer relationship

- Unity of the supply networks: The contract defines that all supply networks (electricity, gas, telecommunications, water) are regarded as an indivisible unit.

- Reference to the old transfer relationship: The agreement refers to the existing transfer relationship under international law between the FRG and the Dutch armed forces on behalf of NATO. This relationship remains unaffected.

- Automatic consent: Since the parties have consented to the old treaty and this remains unaffected, it is assumed that they have also consented to the new treaty.

2. NATO Status of Forces and the right to determine borders

- NATO Status of Forces: The NATO Status of Forces Regulations govern the deployment and rights of NATO forces in member states. It provides for certain special rights for the occupation and use of military properties, including the right to determine borders.

- Extension of rights: These rights, which originally applied to the territory of the Federal Republic of Germany, are now extended to the entire territory of the NATO states in favor of the purchaser.

Step-by-step explanation of the legal consequences

3. transfer in conformity with the contract

- Transfer in conformity with the contract: The Dutch armed forces, on behalf of NATO and the Kingdom of the Netherlands, have transferred the property to the buyer via the FRG in conformity with the contract.

- Fulfillment of obligations: The transfer took place in accordance with the conditions and obligations set out in the contract.

4. legal force of the contract

- No obligation to ratify: The Treaty does not contain an explicit obligation to ratify by the individual NATO states. The transfer in accordance with the treaty and the signature of the parties involved make the treaty legally binding.

- Recognition by conduct: Since the parties involved have fulfilled their rights and obligations and carried out the handover, the treaty is considered recognized.

5. extension of NATO force status rights

- Right to determine boundaries: The buyer has the right to determine borders in the affected areas, which was originally a NATO authority.

- Special occupation rights: The buyer receives special rights such as unlimited compensation rights, confiscation options, diplomatic status, disciplinary powers and command authority.

Practical and legal implications

6. governmental power and administration

- Transfer of governmental power: The buyer exercises governmental power over all territories connected by the logical route of the supply networks.

- Administrative challenges: The administration of these extensive and complex territories presents enormous administrative challenges.

7. extension of NATO force status rights

- Right to determine boundaries: The buyer has the right to determine boundaries in the affected areas, which was originally a NATO authority.

- Special occupation rights: The buyer receives special rights such as unlimited compensation rights, confiscation options, diplomatic status, disciplinary powers and command authority.

Conclusion

As a result of the state succession deed, the rights of the NATO Status of Forces, which were originally limited to a small military property in Germany, were extended to the entire area of the NATO states and transferred in favor of the buyer. As the agreement does not provide for an explicit ratification obligation and the transfer was carried out in accordance with the agreement, the agreement is legally binding. The extension of these special occupation rights leads to far-reaching legal, political and security policy consequences.

Part 67

Extension of NATO Status of Forces rights by deed of state succession

In this scenario, a military property originally occupied by the Dutch armed forces under the NATO Status of Forces Agreement was sold. The deed of succession extended the rights of the NATO Status of Forces, which were attached to this small original area, to the entire area of the NATO countries. These rights, which now operate in favor of the purchaser, include extensive powers such as unlimited compensation, confiscation, diplomatic status, disciplinary authority and command. These rights are no longer directed only against the FRG, but against all NATO states.

Analysis and legal consequences

1. content of the treaty and consent

- Unity of the supply networks: The treaty defines that all supply networks (electricity, gas, telecommunications, water) are regarded as an indivisible unit.

- Transfer of rights and obligations: The buyer assumes all rights, obligations and governmental authority under international law over the territories in which these networks run.

- Approval by NATO countries: All NATO countries, including the USA, have agreed to the contract.

2. transfer and extension of NATO force status rights

- NATO Status of Forces Regulations: The NATO Status of Forces Regulations govern the deployment and rights of NATO forces in member states. It provides for certain special rights for the occupation and use of military properties.

- Special occupation rights: Originally, these rights applied exclusively to Germany, but were transferred to the buyer by the treaty and extended to the entire territory of the NATO countries.

Step-by-step explanation of the legal consequences

3. identification of the outer strands of the supply networks

- Geographical analysis: A comprehensive geographical analysis of the supply networks in the NATO countries is carried out to identify the outer strands.

- External supply lines: These external supply lines include the outermost electricity, gas, telecommunications and water lines that run through NATO countries and are physically interconnected.

4. logical route and connection points

- Connection points: All nodes and connection points of the utility networks are mapped to create a logical route connecting the outer strands.

- Geographical connection: The geographic connection of these points forms a logical route that determines the boundary delineation for the new governance.

5. formation of a contiguous area

- Meaningful total area: The logical route of the outer strands forms a meaningfully contiguous area defined by the geographical location of the supply networks.

- Overlapping networks: In areas where there are multiple networks (e.g. gas and electricity), control spills over to all relevant networks under the contract, extending the area.

Practical and legal implications

6. Governance and administration

- Transfer of governance: The buyer exercises governance over all areas connected by the logical route of the supply networks.

- Administrative challenges: The administration of these extensive and complex territories presents enormous administrative challenges.

7. extension of special occupation rights

- Unlimited right to compensation: The buyer has the right to demand unlimited compensation.

- Confiscation option: The buyer can confiscate property.

- Diplomatic status: The buyer and its representatives enjoy diplomatic immunity.

- Disciplinary and command authority: The buyer has disciplinary authority over military personnel and command authority in the affected areas.

Conclusion

The State Succession Deed extended the rights of the NATO Status of Forces, which were originally limited to a small military property in Germany, to the entire area of the NATO states and transferred them to the buyer. The agreement of all NATO countries involved makes the contract legally binding. The extension of the special occupation rights leads to far-reaching legal, political and security policy consequences.

Part 68

Transfer of NATO Status of Forces rights by a deed of succession

In this scenario, a military property occupied by the Dutch armed forces under the NATO Status of Forces Agreement was sold by way of a deed of succession. The contract includes the transfer of NATO Status of Forces rights to the buyer, whereby these rights are now extended to the entire area of the NATO countries. As a result, the special occupation rights that originally applied against Germany now apply against all NATO states in favor of the new buyer.

Analysis and legal consequences

1. transfer and extension of NATO force status rights

- NATO Status of Forces Regulations: The NATO Status of Forces Regulations govern the stationing and rights of NATO troops in member states. It provides for certain special rights for the occupation and use of military properties.

- Special occupation rights: Originally, these rights applied exclusively to (i.e. against) Germany, but were transferred to the buyer by the treaty and extended to the entire territory of the NATO countries.

Step-by-step explanation of the legal consequences

2. identification of the outer strands of the supply networks

- Geographical analysis: A comprehensive geographical analysis of the supply networks in the NATO countries is carried out in order to identify the outer strands.

- External supply lines: These external supply lines include the outermost electricity, gas, telecommunications and water lines that run through NATO countries and are physically interconnected.

3. logical route and connection points

- Connection points: All nodes and connection points of the utility networks are mapped to create a logical route connecting the outer strands.

- Geographical connection: The geographic connection of these points forms a logical route that determines the boundary delineation for the new governance.

4. formation of a contiguous area

- Meaningful total area: The logical route of the outer strands forms a meaningfully contiguous area defined by the geographical location of the supply networks.

- Overlapping networks: In areas where there are multiple networks (e.g. gas and electricity), control spills over to all relevant networks under the contract, extending the area.

Practical and legal implications

5. Governance and administration

- Transfer of governance: The buyer exercises governance over all areas connected by the logical route of the supply networks.

- Administrative challenges: The administration of these extensive and complex territories presents enormous administrative challenges.

6. principles of international law

- Consent of the states: Since NATO countries have consented to the treaty, there is no violation of territorial integrity.

- Extension of occupation rights: The special occupation rights that originally applied against Germany now apply against all NATO states in favor of the new buyer.

7. Security issues and national security

- Critical infrastructure: Control of critical infrastructure by a natural person could pose significant security risks to the national security of the countries concerned.

- International stability: Such a scenario would likely lead to significant international instability and conflict.

Conclusion

In this scenario, not only the power of disposal over the supply networks, but also the governmental authority over the territories concerned and the NATO force status rights were transferred to the buyer by the deed of state succession. The agreement of all NATO countries involved makes the contract legally binding. The extension of the special occupation rights to all NATO states in favor of the new buyer leads to far-reaching legal, political and security policy consequences.

Part 69

Consent of the Dutch armed forces on behalf of NATO to the deed of state succession

In this scenario, a military property occupied by the Dutch armed forces under NATO was sold by a deed of state succession. The Dutch armed forces were acting on behalf of NATO and were fulfilling their rights and obligations under the treaty, thereby also agreeing for NATO as a whole. Here is a detailed explanation of how the Dutch armed forces agreed to the Instrument of State Succession on behalf of NATO.

Analysis and legal consequences

1. framework and legal background

- NATO Status of Forces: The NATO Status of Forces Regulations governs the stationing and rights of NATO forces in member states and provides for certain special rights for the occupation and use of military properties.

- Existing transfer relationship: There was a transfer relationship under international law between the FRG and the Dutch armed forces on behalf of NATO for the use of the military property.

2. content of the contract and reference to the old transfer relationship

- Unity of the supply networks: The contract defines that all supply networks (electricity, gas, telecommunications, water) are regarded as an indivisible unit.

3. consent of the Dutch armed forces on behalf of NATO

- NATO mandate: The Dutch armed forces acted on behalf of NATO, which means that they represented the interests and powers of NATO as a whole.

- Fulfilling the terms of the treaty: By handing over the property in accordance with the treaty and complying with the obligations set out in the treaty, the Dutch armed forces de facto consented to the deed of state succession on behalf of NATO.

- Automatic consent: Since the Dutch armed forces performed their duties within the framework of NATO and the old treaty remains recognized and unaffected, the NATO countries, including the Netherlands, are deemed to have consented to the new treaty.

- The Netherlands Air Force (also known as Koninklijke Luchtmacht) is part of NATO and has a long history.

A. Allied Air Command (AIRCOM):

- AIRCOM is a NATO command authority for the command and control of air forces.

- The headquarters of AIRCOM is located at Ramstein Air Base in Rhineland-Palatinate, Germany.

- It is subordinate to Allied Command Operations (ACO).

- AIRCOM advises the commanders of the Joint Forces Commands in Brunssum and Naples on air operations and space issues.

B. History:

- The Allied Air Forces Central Europe (AAFCE) was originally founded in 1974.

- Participating nations were Belgium, Germany, Canada, the Netherlands, the United Kingdom and the United States.

- The 2nd Allied Tactical Air Force (2ATAF) in Mönchengladbach was responsible for the NATO air forces in the north, while the 4th Allied Tactical Air Force (4ATAF) in Ramstein was responsible for the units in the southern part of the Central Region.

- Over the years, restructuring and renaming took place until AIRCOM finally became responsible for the entire NATO area.

Practical implementation of the agreement

4. treaty-compliant handover

- Handover process: The Dutch armed forces handed over the military property to the buyer in parts via the FRG, whereby all conditions and obligations from the contract were fulfilled.

- Conformity with the contract: The handover took place in accordance with the conditions and obligations set out in the contract, which ensures that the contract is legally binding.

5. extension of NATO force status rights

- Right to determine boundaries: The buyer has the right to determine borders in the affected areas, which was originally a NATO authority.

- Special occupation rights: The buyer receives special rights such as unlimited compensation rights, confiscation options, diplomatic status, disciplinary powers and command authority.

Practical and legal implications

6. governmental power and administration

- Transfer of governmental power: The buyer exercises governmental power over all territories connected by the logical route of the supply networks.

- Administrative challenges: The administration of these extensive and complex territories presents enormous administrative challenges.

7. extension of NATO force status rights

- Right to determine boundaries: The buyer has the right to determine boundaries in the affected areas, which was originally a NATO authority.

- Special occupation rights: The buyer receives special rights such as unlimited compensation rights, confiscation options, diplomatic status, disciplinary powers and command authority.

Conclusion

Through the deed of succession, the rights of the NATO Status of Forces, which were originally limited to a small military property in Germany, were extended to the entire area of the NATO countries and transferred in favor of the buyer. The Dutch armed forces acted on behalf of NATO and, by handing over the property in compliance with the treaty and fulfilling their obligations, de facto agreed to the deed of cession. As the treaty does not provide for an explicit ratification obligation and the transfer was carried out in accordance with the treaty, the treaty is legally binding.

Part 70

Legally binding state succession deed without explicit signature by all NATO states

In this scenario, a military property that was occupied by the Dutch armed forces as part of NATO is sold by means of a deed of state succession. The Dutch armed forces acted on behalf of NATO and fulfilled their rights and obligations under the treaty. By referring to the old transfer relationship and stipulating that the old contractual relationship remains unaffected, the new treaty is legally recognized without all individual NATO states having to sign the new treaty.

Analysis and legal consequences

1. reference to the old transfer relationship

- NATO Status of Forces: The NATO Status of Forces Regulations govern the stationing and rights of NATO forces in member states and provide for certain special rights for the occupation and use of military properties.

- Existing transfer relationship: There was a transfer relationship under international law between the Federal Republic of Germany and the Dutch armed forces on behalf of NATO for the use of the military property.

- Content of the contract: The new contract refers to the existing transfer relationship and ensures that this relationship remains unaffected.

2. automatic consent through fulfillment of the old contract

- Contractual conformity: As the parties involved (Netherlands, NATO, FRG) have fulfilled their rights and obligations under the old contract, consent to the terms of the new contract is implied.

- Fulfillment of the conditions: The Dutch armed forces, on behalf of NATO, have transferred the military property to the buyer via FRG, which fulfills the terms of the old treaty and therefore implies consent to the new treaty.

Reason for no need for signature by all NATO states

3. action by the Dutch armed forces on behalf of NATO

- NATO mandate: The Dutch Armed Forces act on behalf of NATO and represent the interests and powers of NATO as a whole.

- Fulfillment of tasks: By handing over in accordance with the Treaty and complying with the obligations set out in the Treaty, the Dutch Armed Forces have de facto agreed to the Instrument of State Succession on behalf of NATO.

4. reference to the old contractual relationship

- No prejudice to the old treaty: The new treaty ensures that the old treaty relationship remains unaffected, which means that the fulfillment of the conditions of the old treaty automatically results in the recognition of the new treaty.

- Legal force by reference: By referring to the old transfer relationship, the new contract is recognized as soon as the conditions of the old contract have been fulfilled.

Practical and legal implications

5. legal force of the new contract

- Fulfillment of obligations: The Dutch armed forces have fulfilled their obligations on behalf of NATO, which ensures that the new treaty is legally binding.

- Automatic recognition: As no explicit ratification by all NATO countries is required and the conditions of the old treaty have been fulfilled, the new treaty is automatically recognized.

Extension of NATO force status rights

- Right to determine borders: The buyer has the right to determine borders in the areas concerned, which was originally a NATO right.

- Special occupation rights: The buyer receives special rights such as unlimited compensation rights, confiscation options, diplomatic status, disciplinary powers and command authority.

Conclusion

The State Succession Deed extended the rights of the NATO Status of Forces, which were originally limited to a small military property in Germany, to the entire area of the NATO states in favor of the buyer. The Dutch armed forces acted on behalf of NATO and the new treaty was legally recognized by the handover and fulfilment of obligations in accordance with the treaty. As no explicit ratification by all NATO states is required and the conditions of the old treaty have been fulfilled, the new treaty is automatically recognized. The extension of these special occupation rights leads to far-reaching legal, political and security policy consequences.

Part 71

Action by the Dutch armed forces on behalf of NATO and the legal consequences for all NATO countries

This scenario involves a deed of succession that transfers a military property originally occupied by the Dutch armed forces on behalf of NATO to a new buyer. By referring to the old transfer relationship under international law and the treaty conformity of the Dutch armed forces on behalf of NATO, the treaty automatically becomes legally binding for all NATO states, as NATO represents the interests and powers of all NATO states.

Detailed analysis and legal consequences

1. reference to the old transfer relationship

- Existing transfer relationship: There was a transfer relationship under international law between the FRG and the Dutch armed forces on behalf of NATO for the use of the military property.

- Content of the contract: The new contract refers to the existing transfer relationship and ensures that this relationship remains unaffected.

2. action of the Dutch armed forces on behalf of NATO

- NATO mandate: The Dutch Armed Forces act on behalf of NATO and thus represent the interests and powers of NATO as a whole, including all NATO countries.

- Fulfillment of the terms of the treaty: By handing over the property in accordance with the Treaty and complying with the obligations set out in the Treaty, the Dutch Armed Forces have de facto agreed to the Instrument of State Succession on behalf of NATO.

Automatic consent of the NATO states

3. automatic consent through fulfillment of the old treaty

- Treaty conformity: Since the parties involved (Netherlands, NATO, FRG) have fulfilled their rights and obligations under the old treaty, consent to the terms of the new treaty is implied.

- Fulfillment of the conditions: The Dutch armed forces, on behalf of NATO, have transferred the military property to the buyer via the FRG, which fulfills the terms of the old treaty and therefore implies consent to the new treaty.

Legal consequences for all NATO states

4. legal force of the new treaty

- Automatic recognition: Since no explicit ratification by all NATO states is required and the conditions of the old treaty have been fulfilled, the new treaty is automatically recognized.

- Extension of rights: The rights of the NATO Status of Forces Regulations are extended to the entire territory of the NATO states in favor of the purchaser.

Extension of NATO Status of Forces rights

5. right to determine borders

- Border determination: The buyer has the right to determine the borders in the areas concerned, which was originally a NATO right.

- Special occupation rights: The buyer receives special rights such as unlimited compensation rights, confiscation options, diplomatic status, disciplinary powers and command authority.

Practical and legal implications

6. governmental power and administration

- Transfer of governmental power: The buyer exercises governmental power over all territories connected by the logical route of the supply networks.

- Administrative challenges: The administration of these extensive and complex territories presents enormous administrative challenges.

7. extension of NATO force status rights

- Right to determine boundaries: The buyer has the right to determine boundaries in the affected areas, which was originally a NATO authority.

- Special occupation rights: The buyer receives special rights such as unlimited compensation rights, confiscation options, diplomatic status, disciplinary powers and command authority.

Conclusion

Through the deed of succession, the rights of the NATO Status of Forces, which were originally limited to a small military property in Germany, were extended to the entire area of the NATO countries and transferred in favor of the buyer. The Dutch armed forces acted on behalf of NATO and the new treaty was automatically recognized with legal force through the transfer and fulfilment of obligations in accordance with the treaty. As no explicit ratification by all NATO states is required and the conditions of the old treaty have been fulfilled, the new treaty is automatically recognized. The extension of these special occupation rights leads to far-reaching legal, political and security policy consequences.

Part 72

This case involves a complex process involving multiple layers of international law as well as specific provisions of the NATO Status of Forces. Here is a detailed explanation:

1. consent of the Dutch armed forces as NATO proxy

The Dutch armed forces occupied the property in accordance with the NATO Status of Forces Regulations. Since they were acting on behalf of NATO, they can be considered as representatives of NATO as a whole. If the Dutch armed forces consent to the sale of the property, this consent is deemed to be the consent of NATO as a whole. This is because in this case the Dutch armed forces are acting as agents of NATO and their decisions can be taken on behalf of all NATO member states.

2. obsolescence of the individual consent of NATO member states

Due to the proxy consent of the Dutch armed forces, the individual consent of each NATO country is obsolete. This means that the approval of NATO by the Dutch armed forces on behalf of NATO is sufficient to legitimize the treaty. The NATO member states therefore do not have to consent individually, as they are already involved through the collective representation by the Dutch armed forces.

3. consent of the Federal Republic of Germany and the Kingdom of the Netherlands

Both the Federal Republic of Germany and the Kingdom of the Netherlands have consented to the Treaty. This consent includes:

- FRG: Germany ratified the Treaty, although this was not necessary to show its consent and support.

- Kingdom of the Netherlands: The Netherlands, as the main stakeholder in the use of the property, also approved the treaty.

These consents are crucial as they include the main subjects of international law involved assuming rights and obligations under the Treaty.

4. existing transfer relationship under international law

At the time of the sale, a transfer relationship under international law existed between the FRG and the Kingdom of the Netherlands, which governed the use of the property in accordance with the NATO Status of Forces. The new contract stipulates that this existing contractual relationship remains unaffected and will be fulfilled.

This means

- Fulfillment of the old contractual relationship: The old transfer relationship will continue to be respected and complied with.

- New legal obligation: The new contract becomes legally binding as the terms of the old contract have been fulfilled.

5. successive handover of the property

The military property was transferred successively over a period of two years. This means that the transfer took place gradually and in accordance with the contractual provisions.

6. extension of sovereignty over NATO countries

The sale of the development unit and the recognition of this unit in the contract extends the buyer's sovereignty over the entire development unit. This includes:

- Direct Sovereignty: upon signing the contract, sovereignty is transferred directly to the buyer.

- Extension via NATO countries: As the development unit is physically and logically interconnected, the buyer's jurisdiction extends to all NATO countries whose territory is covered by the network.

Conclusion

This case shows a complex interaction of international treaties and principles of state succession. The approval by the Dutch armed forces on behalf of NATO, the ratification by the FRG and the successive transfer of the property lead to a comprehensive extension of the buyer's sovereignty to all NATO states.

Part 73

The case describes a situation in which NATO force status rights play a central role in the territorial extension of sovereignty. Here are the key points and legal implications of this complex scenario:

1. NATO force status and border regulation

The NATO Status of Forces Act contains the provision that the holders of NATO force status rights may decide on the borders of the Federal Republic of Germany (FRG). This provision is significant because it gives NATO forces special rights and powers in the host country, including the ability to decide on territorial borders and rights of use.

2. reference to the 2+4 Treaty

The 2+4 Treaty, which governed German reunification, explicitly mentioned the NATO Status of Forces. The Allied armed forces, which are the holders of NATO force status rights, agreed to this treaty. This means that all territorial changes in Germany must take place within the framework of the 2+4 Treaty and the NATO Status of Forces Agreement.

3. deed of state succession and change of borders

The instrument of state succession, which changes the borders of the FRG, would not be possible without the inclusion of NATO force status rights and their holders. This is due to the fact that the NATO force status rights determine essential territorial and legal framework conditions.

4. consent of the NATO force status rights

In this case, the holders of the NATO Status of Forces Rights have consented to the contract that sells the property and transfers the NATO Status of Forces Rights to the buyer. This includes:

- Sale of the property: the property and the associated rights are sold to a natural person.

- Extension of jurisdiction: The sale of the networks (e.g. electricity, gas, telecommunications) extends the buyer's jurisdiction to the physically and logically connected areas.

- Extension of NATO force status rights: The NATO force status rights that were tied to the territory of the property sold are also transferred and now apply against the NATO countries as a whole in favor of the buyer.

5. territorial expansion through networks

By extending the networks, the buyer's sovereignty is extended beyond the original property to other NATO territories. This is done through physical connections of the networks, such as power and telecommunication networks, which extend across different NATO countries, including transatlantic connections.

6. Legal implications and implementation

The legal implications are far-reaching:

- National sovereignty: the transfer of sovereignty and NATO force status rights to a natural person represents a significant change in national sovereignty.

- Treaty conformity: The treaty governing the transfer was accepted and implemented in conformity by all subjects of international law involved.

- Unity of development: The unity of development and the extension of sovereignty are made possible by the logical coherence of the networks and the physical connection.

Summary

In this case, the consent of the holders of NATO force status rights to the contract results in the buyer's sovereignty being extended to all NATO territories through the networks. The transfer of NATO force status rights plays a central role here, as it enables the buyer to take control of the territorial extent of the networks and thus exercise comprehensive sovereignty over NATO countries.

Part 74

Consent of the Dutch armed forces within the framework of NATO and the extension of sovereignty

1. initial situation: use of the property by the Dutch armed forces within the framework of NATO

- Use of the property: The Dutch armed forces used the property within the framework of NATO, including the housing estate and the flying squadron at the neighboring Ramstein Air Base, which includes the NATO headquarters in Ramstein.

- Representation of the NATO countries: As part of the NATO forces using the property, the Dutch Armed Forces acted on behalf of all NATO member states.

2. contracting parties and consent

- FRG as seller: The Federal Republic of Germany (FRG) is named as the seller of the property.

- Kingdom of the Netherlands: The Netherlands and its armed forces as NATO forces are also contracting parties.

- Consent of the NATO countries: Due to the role of the Dutch armed forces and their use of the property within the NATO framework, they have consented to the treaty as representatives for all NATO states.

3. legal force and consent by NATO

- Proxy consent: The Dutch armed forces, which used the property on behalf of NATO, consented to the Treaty on behalf of NATO. This means that the consent of the Dutch armed forces is deemed to be the consent of NATO as a whole.

- Legal basis: The use of the property by NATO forces is based on the NATO Status of Forces Agreement, which regulates the rights and obligations of NATO forces in member states. The consent of the Dutch armed forces as NATO forces therefore implies consent within the framework of the NATO Status of Forces.

4. transfer and extension of sovereignty

- Vacation and handover of keys: The Dutch armed forces handed over the property to the buyer within two years of signing the contract in accordance with the contract. The handover of the keys marks the formal transfer of control over the property.

- Transfer of the networks: With the signing of the contract, all networks (water, electricity, gas, telecommunications, etc.) were immediately transferred to the buyer's jurisdiction.

5. domino effect through the sale of the networks

- Unity of development: The contract defines that all development networks form a unit. This extends the buyer's sovereignty to all connected networks.

- Territorial extension through network connections: Any physical or logical connection of the networks leads to the extension of the buyer's sovereignty to the connected areas:

- Electricity grid: connects to the European interconnected grid and extends to all connected NATO countries.

- Broadband and Internet network: Connects to transatlantic cables and extends to NATO countries in North America.

- Telecommunications and other networks: Connects to national and international infrastructures, extending the buyer's jurisdiction to other NATO countries.

Summary

The agreement was recognized on behalf of all NATO member states through the consent of the Dutch armed forces, which used the property as part of NATO. This leads to legal and political recognition of the treaty by NATO as a whole. The domino effect occurs in that the networks, considered as a single unit, extend the buyer's sovereignty to the entire NATO territory through physical and logical connections. Thus, the sale of the networks has affected all NATO countries.

Part 75

Transfer of government power through the sale of supply networks

In this scenario, not only the power of disposal over the supply networks in the countries concerned is sold, but also the power of government in the areas in which these networks run. This transfer covers the entire area that is meaningfully connected by the networks. In addition, the sale spills over to other networks located in the same area, triggering a domino effect.

Details of the contract

1. content of the contract and ratification

- Unity of the supply networks: The contract defines that all supply networks (electricity, gas, telecommunications, water) are considered as one indivisible unit.

- Transfer of rights and obligations: The purchaser assumes all rights, obligations and governmental authority under international law over the territories in which these networks run.

- Ratification by NATO countries: All NATO countries, including the USA, have agreed to and ratified the treaty.

2. establishment of a new subject under international law

- New subject: The treaty establishes a new subject under international law that exercises governmental authority over the territories concerned.

- Domino effect: The sale jumps from one network to the other if they are in the same territory, even without a physical connection.

Domino effect and territorial impact

3. starting point and first transfer

- Germany: The sale begins with the transfer of a military property and its supply networks in Germany.

- Integration and management: The buyer assumes control and management of these networks, including governance of the territories concerned.

4. extension to other networks and territories

- Jump to other networks: If there is a gas network in the affected area and there is also an electricity network there, the sale jumps to the electricity network.

- Contiguous area: The external borders of the networks form a meaningfully contiguous area that is now under the jurisdiction of the new subject under international law.

5. transfer to other NATO countries

- Physical connection and extension: Since Germany's supply networks are physically connected to those of other NATO countries, the new subject's control also extends to these countries.

- USA and submarine cables: The telecommunications and internet networks are connected to the USA via submarine cables. Control over these submarine cables leads to the takeover of the US internal network by the new subject under international law.

International law and practical implications

6. Legal consequences of the establishment of a new subject of international law

- Governmental authority: The new subject exercises governmental authority over the contiguous territories defined by the supply networks.

- Absolute monarchy: The new subject is described as a de facto absolutist monarchy in which the buyer acts as the sovereign with sole power of representation. A form of government must be chosen within 5 years.

Conclusion

This scenario describes the transfer of the power of disposal over supply networks and the power of government in the affected areas to a natural person by means of an international treaty. The resulting de facto absolutist monarchy would take control of contiguous areas and all physically or geographically connected networks, triggering a domino effect.

Part 76

In this case, there are several implications under international law arising from the sale of the military property and the associated rights and obligations. Here are the key legal aspects and consequences:

1. sale and transfer of rights

- NATO Status of Forces: The NATO Status of Forces Agreement (SOFA) governs the rights and obligations of NATO forces stationed in member states. These include diplomatic immunity, command and disciplinary authority.

- Transfer of rights: With the sale of the military property, the rights and obligations resulting from the NATO Status of Forces Agreement were also transferred to the buyer. This includes diplomatic immunities and all other rights to which NATO troops are entitled.

2. extension of sovereignty

- Territorial extension: The agreement that the entire development forms one unit implies that the rights and obligations have been extended to the entire network of NATO properties. This means that the buyer theoretically extends jurisdiction and related rights to all NATO properties physically connected to the sold network.

3. Jurisdiction and venue

- Jurisdiction: The contractually agreed jurisdiction in a city within the sold territory also gives the buyer jurisdiction over that territory. This means that the buyer has the legal authority to settle disputes and legal matters in that territory.

4. international law implications

- Sovereignty and jurisdiction: The transfer of jurisdiction and rights to the buyer constitutes a recognition of the buyer's sovereignty over the territory concerned under international law. This implies that the existing NATO states relinquish their sovereign rights and obligations in these territories.

- Illegal occupation: If the old NATO states do not leave the territories and continue to exercise their sovereignty, they are acting in violation of international law. This could be considered an illegal occupation or even an act of aggression.

5. Damage to the buyer due to illegal occupation

- Economic losses: The buyer cannot generate income from the use and management of the military property and the associated networks. This also includes the income from the rights associated with the NATO Status of Forces.

- Loss of diplomatic immunity and other rights: The unlawful occupation could effectively undermine the buyer's rights, including diplomatic immunity and command and control.

- Administrative and legal costs: The buyer may have to expend significant resources to enforce its rights and jurisdiction through legal and diplomatic measures.

- Damage to infrastructure and real estate: Continued occupation could result in damage to infrastructure and real estate requiring costly repairs and maintenance.

6. Liability under international criminal law

- Crime of aggression: The illegal occupation and the continued exercise of sovereign power could be classified as a crime of aggression, which is punishable under the Rome Statute of the International Criminal Court.

- Liability of those responsible: Political and military leaders of NATO countries responsible for the occupation could be held accountable before the International Criminal Court.

Summary

The sale of the military property and the associated rights under the NATO Status of Forces Agreement transfers sovereignty and sovereignty to the buyer. The illegal occupation by the old NATO states violates this sovereignty and can be considered a crime of aggression. The buyer suffers economic losses and damage to infrastructure and rights, which requires legal and diplomatic measures.

Part 77

In the scenario where a place has been agreed as the jurisdiction for the interpretation of the state succession deed and that place is in the NATO territory which has been sold in its entirety to the buyer, a clear international law situation arises as to jurisdiction. Here are the key legal points and the resulting conclusion:

1. state succession and jurisdiction

State succession: In state succession, rights and obligations are transferred from one subject of international law to another. This also includes sovereignty and jurisdiction over certain territories.

- Jurisdiction: The agreement of a place as the place of jurisdiction means that the legal jurisdiction for the interpretation and enforcement of the instrument of state succession lies in that place.

2. sale and transfer of sovereignty

- Sale to the buyer: The entire NATO territory, including the place agreed as the place of jurisdiction, has been sold to the buyer. This also includes the transfer of sovereignty over this place.

- Transfer of sovereignty: The transfer of sovereignty was completed with the signing of the contract. This means that from this point in time, the buyer has legal jurisdiction over the territory, including the place of jurisdiction.

3. jurisdiction under international law

- Exclusive jurisdiction: As jurisdiction over the place of jurisdiction has been lawfully transferred to the buyer, the buyer now holds exclusive jurisdiction over this place under international law. This includes jurisdiction to interpret and enforce the instrument of succession.

4. Legal implications

- Sole jurisdiction: The buyer is now the only subject of international law that has the legal authority to adjudicate on matters relating to the State Succession Deed. This means that all disputes and interpretations relating to the deed must be heard in the buyer's courts.

- Legally binding: The decisions of the jurisdiction are legally binding and must be respected and implemented by the parties involved.

5. Practical implications

- Enforcement of rights: The buyer has the exclusive right to enforce its claims under international law and the provisions of the State Succession Deed. This also includes the possibility of claiming compensation or taking measures to ensure compliance with the contract.

- Avoidance of conflicts of law: Since jurisdiction is clearly and exclusively assigned to the buyer, there should be no legal conflicts regarding jurisdiction. This contributes to legal certainty and stability.

Conclusion

Through the lawful sale and transfer of jurisdiction over the court location, the buyer has exclusive jurisdiction over this location under international law. This means that the buyer has exclusive legal authority to adjudicate on the interpretation and enforcement of the State Succession Deed. Any action or decision in connection with the deed must be heard and decided in the courts of the buyer.

Part 78

Legal consideration of territorial expansion through state succession and application of the clean slate principle

This scenario involves a state succession in which a military property is expanded as a core area by extending the supply networks to the entire NATO territory. This extension is not a universal succession, but a specific territorial extension in which the national debt is not assumed in accordance with the clean slate principle (tabula rasa).

1. Principles of territorial enlargement and state succession

Definitions and principles

- Territorial expansion: The expansion of a sovereign territory through the inclusion of additional areas due to infrastructural connections, such as supply networks.

- State succession: The legal process by which a state transfers sovereignty over a territory to another state or legal entity.

Legal basis

- Clean slate principle: Also known as the tabula rasa principle, this means that the new sovereign does not assume any sovereign debt of the previous sovereign. This is often applied when new states are founded or in the case of significant territorial expansions.

- Legal succession: Includes the assumption of rights and obligations of the predecessor by the successor, but without the assumption of debts in accordance with the clean slate principle.

2. mechanism of territory expansion

Unity of the supply networks

- Unified development: The contract defines the entire development, including all supply networks (electricity, gas, telecommunications, water), as an indivisible unit.

- Automatic extension: jurisdiction is extended to all areas served by these networks.

Boundary determination

- Outer strands: The outer strands of the supply networks are identified to form a logical total area.

- Logical total area: This area forms the extended territory of the new sovereign, based on the extent of the supply networks.

3. Legal consequences and practical implications of territorial enlargement

No assumption of sovereign debt

- Clean slate principle: In accordance with the clean slate principle, the new sovereign does not assume any sovereign debt of the predecessor. This is particularly relevant when new states are founded or significant territorial expansions take place.

- Legal justification: This principle is applied to enable the new sovereign to make an unencumbered new start and to promote economic stability.

Types of assets taken over

- State-owned companies and state assets: All companies and businesses owned by the state are transferred to the ownership of the new sovereign.

- Examples: Energy supply companies, telecommunications companies, railroad companies, waterworks.

- State-owned buildings: All state-owned buildings and facilities are also transferred.

- Examples: Government buildings, administrative buildings, public schools, hospitals, military facilities.

- Infrastructure: All infrastructure projects financed and operated by the state.

- Examples: Roads, bridges, tunnels, harbors, airports.

- Land and real estate: All land and real estate owned by the state.

- Examples: Nature reserves, public parks, state-owned residential buildings.

- Resources and rights: All natural resources and the rights to use these resources.

- Examples: Mining concessions, water use rights, fishing rights.

- Financial assets: State bank accounts, bonds, investments.

- Cultural heritage: Historical buildings, monuments, museums and their collections.

- Documents and data: Official government documents, databases and records.

- Military equipment and facilities: All military assets owned by the state.

- Treaties and agreements: Existing state treaties and agreements with other states and international organizations.

4. precedents and legal justification

Historical precedents

- Establishment of new states (e.g. disintegration of Yugoslavia, 1990s): The successor states of Yugoslavia did not take over the debts of the former state, which corresponds to the clean slate principle.

- Independence of former colonies (e.g. African states in the 1960s): Many former colonies did not assume the debts of the colonial powers in order to ensure their economic stability.

Legal justification

- Recognition under international law: By referring to existing international treaties and automatically recognizing the new treaty, the legal succession is legally legitimized.

- Clean slate principle: Enables the new sovereign to make an unencumbered new start and promotes economic stability by not taking on any national debt.

Conclusion

The state succession in this scenario leads to a territorial expansion in which sovereignty is extended to the entire NATO territory by including the supply networks. This expansion takes place in accordance with the clean slate principle, whereby the new sovereign does not assume any state debt. Affected asset types include state-owned enterprises, state-owned buildings, infrastructure, land and real estate, resources, financial assets, cultural heritage, documents and data, and military equipment and facilities. Historical precedents and the legal justification underpin this legal succession and the automatic recognition of the new treaty.

Part 79

Transfer of government power through the sale of supply networks

Details of the contract

1. content of the contract and ratification

- Unity of the supply networks: The contract defines that all supply networks (electricity, gas, telecommunications, water) are considered as one indivisible unit.

- Transfer of rights and obligations: The purchaser assumes all rights, obligations and governmental authority under international law over the territories in which these networks run.

- Ratification by NATO countries: All NATO countries, including the USA, have agreed to and ratified the treaty.

2. establishment of a new subject under international law

- New subject: The treaty establishes a new subject under international law that exercises governmental authority over the territories concerned.

- Domino effect: The sale jumps from one network to the other if they are in the same territory, even without a physical connection.

Domino effect and territorial impact

3. starting point and first transfer

- Germany: The sale begins with the transfer of a military property and its supply networks in Germany.

- Integration and management: The buyer assumes control and management of these networks, including governance of the territories concerned.

4. extension to other networks and territories

- Jump to other networks: If there is a gas network in the affected area and there is also an electricity network there, the sale jumps to the electricity network.

- Contiguous area: The external borders of the networks form a meaningfully contiguous area that is now under the jurisdiction of the new subject under international law.

5. transfer to other NATO countries

- Physical connection and extension: Since Germany's supply networks are physically connected to those of other NATO countries, the new subject's control also extends to these countries.

International law and practical implications

6. Legal consequences of the establishment of a new subject of international law

- Governmental power: The new subject exercises governmental power over the contiguous territories defined by the supply networks.

Conclusion

Part 80
In order to explain the domino effect and the logical expansion of sovereign territory resulting from the sale of the NATO military property and the associated networks, we will analyze the case in detail in several steps:

1. sale and sovereignty

The starting point is the sale of a NATO military property in Germany, which was used by the Dutch armed forces on behalf of NATO. Under the contract, the buyer acquires not only the physical property, but also all associated rights and obligations.

2. networks and physical connection

The contract stipulates that the entire development (e.g. electricity, gas, telecommunications network) is considered as a single unit. This means that any physical connection between these networks is understood as a legal extension of the buyer's jurisdiction. For example:

- Electricity network: If the electricity network of the sold property is connected to the national electricity network of Germany, the buyer's jurisdiction extends to the entire connected electricity network.

- Telecommunications network: Similarly, jurisdiction is extended to the entire telecommunications and broadband network, including the transatlantic submarine cables connecting European NATO countries with the USA and Canada.

3. overlapping networks

Even if there is no direct physical connection, overlapping networks located in the same territory are considered part of the acquired development unit. For example:

- Gas network: if the long-distance gas network overlaps in the area of the property, it is also included in the buyer's jurisdiction.

- Internet and telecommunications network: This also includes all overlapping telecommunications and Internet connections.

4. extension of sovereignty through domino effect

The domino effect occurs when sovereignty extends from one NATO country to another through the physical connection of networks. This means

- From NATO country to NATO country: as soon as the network of one NATO country is connected to that of another, the sovereignty of the buyer is also transferred to the network of the other NATO country.

- Transatlantic connections: Via transatlantic submarine cables, jurisdiction extends to NATO countries in North America, such as the USA and Canada.

5. International waters and submarine cables

Under the United Nations Convention on the Law of the Sea (UNCLOS), states have rights over submarine cables, including in international waters. Since the state succession deed transfers all rights, obligations and components of the development unit to the buyer, this also includes the rights to submarine cables in international waters. The uniformity of the development is guaranteed by the contract.

6. territorial extension in accordance with the NATO Status of Forces Agreement

The NATO Status of Forces Regulations govern the legal status of NATO troops in member states. If the military property and its development unit are transferred to the buyer:

- Germany: the buyer's jurisdiction extends first over the entire German network, as the property is connected to the public development in Germany.

- NATO countries: This extension then continues from NATO country to NATO country.

7. Logical connection and islanding

The ends of the network strands are logically joined in such a way that they form contiguous islands. This argues that all NATO countries have completely sold their territories. Since Dutch forces occupied the property on behalf of NATO, the purchase also includes the associated rights.

Summary

The case leads to a comprehensive and complex extension of the buyer's sovereignty through physical and logical connections of the networks. These connections create a domino effect that extends the buyer's territorial control over numerous NATO countries and international waters.

Part 81

In this scenario, where an international treaty includes the transfer of a military property and all associated supply networks as an indivisible unit, this leads to a domino effect that could have far-reaching implications for all NATO member states and their supply infrastructure. Here is a detailed explanation of this domino effect:

Analysis of the domino effect

1. starting point: sale of the military property

- Property and internal supply network: The military property in Germany, which was occupied by the Dutch armed forces on behalf of NATO, is sold to a natural person, including the internal supply network.

- Contractual unit: The contract stipulates that all supply lines (electricity, telecommunications, water) that are physically connected and run from the property into the German public network and on to other NATO countries are considered an indivisible unit.

2. connection and integration of the supply networks

- Interconnection network: These supply networks are connected to the networks of other NATO member states via the German public network. For example, electricity and telecommunications lines can be routed via border stations and hubs.

- Integration and management: The buyer assumes control and management of these networks in accordance with the contract.

3. domino effect in Europe

- Germany: By taking over the supply network in Germany and the contractually defined unity of the networks, the entire German public network is included in the buyer's control.

- Other NATO countries in Europe: As Germany's supply networks are physically connected to the networks of other European NATO member states, the buyer's control also extends to these countries. For example, electricity grids are often integrated across national borders, as are telecommunications and internet networks.

4. involvement of the USA via submarine cables

- Submarine cables and international waters: The telecommunications and internet networks are connected to the USA via submarine cables. These cables run through international waters and connect Europe with North America.

- Transfer of control: Under the agreement, the buyer takes control of the entirety of the networks, including the submarine cables.

5. domino effect in the USA

- Connection to the US network: The submarine cables are physically connected to the US internal networks. This includes internet hubs, telecommunications networks, and possibly power grids that supply data centers.

- Control over the internal network: Since the contract provides for unity of networks, the buyer's control would theoretically include the U.S. internal network since they are physically connected to the transatlantic submarine cables.

Conclusion

The treaty, which includes the transfer of supply networks as an indivisible unit, would lead to a domino effect that would have far-reaching and profound implications for the infrastructure and sovereignty of all affected NATO countries, including the US.

Part 82

Legal explanation of the domino effect in the state succession deed for utility networks

In this scenario, a state succession deed is used to transfer a military property and the associated supply networks (electricity, gas, telecommunications, water) as an indivisible unit to a new buyer. These networks extend across several NATO countries and also include submarine cables between the EU, the USA and Canada. The domino effect describes how control of these supply networks jumps from one network to another and from one NATO country to the next. Here is a detailed legal explanation of this domino effect.

1. unity of supply networks and the legal framework

Definition and recognition

- Unity of supply networks: The Instrument of State Succession defines all supply networks (electricity, gas, telecommunications, water) as one indivisible unit.

- Legal force by reference: The deed refers to an existing transfer relationship and remains unaffected, whereby the new agreement is automatically recognized if the conditions of the old contract are met.

Legal basis

- NATO Status of Forces: This regulates the stationing and rights of NATO troops in the member states, including the use of military properties and the associated infrastructure.

- UN Convention on the Law of the Sea (UNCLOS): regulates the laying and maintenance of submarine cables in international waters.

2. domino effect within and between supply networks

Within overlapping networks

- Overlapping networks: In many regions, different supply networks (e.g. electricity and gas lines) overlap. If the deed defines these networks as a single unit, control is automatically transferred to all networks located in the same geographical area.

- Legal basis: As the networks are considered an indivisible unit, control is not interrupted even if physical connections are missing. This is based on the assumption that the infrastructure is managed as a coherent system.

Between similar networks

- Physical connection: When utility networks are physically connected (e.g. power lines between two NATO countries), control automatically jumps from one network to the next according to the deed.

- Legal basis: This transfer is based on the existing infrastructure and the international agreements governing the connection and cooperation between NATO countries.

3. cross-border transfer of control

From one NATO country to the next

- Domino effect for physical connections: When utility grids are physically connected from one NATO country to another, control automatically transfers to the grids of the next country.

- Example: An electricity grid running from Germany to France transfers control of the German grid to the buyer, and through the physical connection also the French grid.

In international waters

- Submarine cables: Submarine cables connecting NATO countries in the EU with the USA and Canada are also affected as they are considered part of the indivisible unit.

- Legal basis: UNCLOS permits the laying and maintenance of submarine cables in international waters. The rights and obligations under the Instrument of State Succession therefore also extend to these cables, as they are considered an integral part of the supply networks.

4. Legal consequences and practical implementation

Unified administration

- Administrative challenges: The management of these extensive and complex supply networks poses enormous administrative challenges, particularly in coordinating between different types of networks and across state borders.

- Transfer of sovereignty: By recognizing the state succession deed, the transfer of sovereignty over the supply networks remains valid even in international waters.

Security issues

- Critical infrastructure: Control over critical infrastructure by a natural person or a new entity under international law could pose significant security risks for the states concerned.

- International stability: Such a scenario would likely lead to significant international instability and potential conflict.

Conclusion

The state succession deed, which defines the supply networks as an indivisible unit, triggers a domino effect in which control over these networks jumps from overlapping networks to different networks and from one NATO state to the next. This transfer of control is based on agreements under international law and the legal basis that the networks are regarded as a coherent system. The rights and obligations of the deed also extend to international waters, which means that legal control remains uninterrupted.

Part 83

Domino effect in the extension of sovereignty through the sale of military property

In this real-life scenario, the sale of a NATO military property and its supply lines leads to an extension of the buyer's sovereignty over the entire NATO territory. Here is a detailed explanation of how this domino effect occurs:

1. starting point: internal development of the military property

The military property historically forms an island with its own internal development network, which is defined by various supply lines:

- Water and sewage network

- road network

- Telecommunications network

- Broadband and internet network

- Telecommunications network

- Gas transmission network

- Electricity grid

2. connection to the public grid through the contract

The contract provides for these development networks to be connected to the public grid, triggering a domino effect:

- Legally binding regulation: the contract states that the development unit is sold as a whole, including all rights, obligations and components.

- Connection to public networks: The internal network of the property is connected to external public networks, extending the buyer's sovereignty over the connected network areas.

3. extension of sovereignty through network connections

Water network:

- Internal supply: The property has an internal water supply system.

- External connection: By connecting to the public water network, jurisdiction is extended to the entire connected water network.

- Territorial extension: this initially covers the whole of Germany and then spreads to other NATO countries connected by shared water infrastructures.

Road network:

- Internal roads: The property has an internal road network.

- External connection: Connection to the public road network, extending jurisdiction to the entire connected road network.

- Territorial extension: This concerns all road links connecting Germany with other NATO countries.

Telecommunications network:

- Internal communication: The property has its own telecommunications network.

- External connection: Connection to the public telecommunications network, extending sovereignty to the entire connected network.

- Territorial extension: This includes all NATO countries connected by telecommunications infrastructures.

Broadband and Internet network:

- Internal network: the property has its own broadband and internet network.

- External connection: Connection to the public broadband and internet network, including transatlantic submarine cables.

- Territorial extension: Jurisdiction extends to all connected NATO countries in Europe and North America (USA, Canada).

Telecommunications network:

- Internal telecommunication network: the property has its own telecommunication network.

- External connection: Connection to the public telecommunications network, extending jurisdiction to the entire connected network.

- Territorial extension: This includes all NATO countries connected by the telecommunications network.

Long-distance gas network:

- Internal gas network: the property has its own long-distance gas network.

- External connection: Connection to the public long-distance gas network, extending jurisdiction to the entire connected network.

- Territorial extension: This concerns all NATO countries connected by gas infrastructures.

Electricity grid:

- Internal electricity grid: the property has its own electricity grid.

- External connection: Connection to the European interconnected electricity grid.

- Territorial extension: Jurisdiction extends to all NATO countries connected by the European electricity grid.

4. total NATO territorial extension

The domino effect means that the buyer's sovereignty is systematically extended by connecting the internal development grids with the public grids:

- Germany: Initially, the sovereignty covers the whole of Germany, as all networks in Germany are connected.

- NATO countries: From Germany, the sovereignty extends to other NATO countries connected by the various networks (water, roads, telecommunications, broadband, internet, telecommunications network, gas and electricity).

- Transatlantic connections: In particular, through broadband and Internet connections, including transatlantic submarine cables, jurisdiction also extends to NATO countries in North America (USA, Canada).

5. end result

Through the domino effect and the logical connection of the networks, sovereignty over the entire NATO territory is sold to the buyer. This is achieved through the successive extension of jurisdiction along the connected networks, which are defined in the contract as a single development unit.

- Inclusion of the 20 kV ring line and the city in the sale

Part 84

The contract for the sale of the NATO military property and the associated grids covers various legal and practical aspects. Here we explain how the 20 kV ring line and the city were ultimately included in the purchase despite the specific provisions in the contract.

1. contractual basis and unit concept

Unity of the development

- Contractual provision: The contract states that the entire development is sold as a unit. This includes all networks and infrastructure belonging to the development of the area.

- Unitary sale: This means that all networks and infrastructures contributing to the development are considered and transferred as a coherent unit.

2. specific regulations on the 20 kV ring line

Transfer before the contract

- Ownership of the city: The 20 kV ring line was transferred to the city before the contract was concluded.

- Contractual exception: The contract states that the 20 kV ring line will not be sold.

Severability clause

- Definition and application: The severability clause ensures that the contract remains legally valid even if parts of it are invalid or unenforceable.

- Unified development: Since the entire development is considered a unit, this also includes the 20 kV ring line, even if it was temporarily owned by the city.

3. extension and inclusion of the city

Linking the grids

- Extension by other grids: The city and its grids were included in the purchase through the extension and integration of other grids.

- Sovereignty: The contract transfers sovereignty over all connected networks and the territories connected to them to the buyer.

4. ownership and sovereign rights

Ownership of the city

- Transfer of ownership: Although the city formally owned the 20 kV ring line, it was included in the purchase through the contractual provision on the unity of development and the severability clause.

- Rights and obligations: The purchaser assumes all rights and obligations associated with the 20 kV ring line and the other grids.

Sovereign rights over the city

- Contract clause: The clause that the entire development forms a unit also includes the sovereign rights over the city, as this is included in the purchase through the integration of the grids.

- Legally compliant regulation: Even if the specific regulation on the 20 kV ring line were to be legally contested, the severability clause applies and ensures that a legally compliant regulation is found that fulfills the purpose of the contract.

Summary

The contract for the sale of the NATO military property and the associated grids covers all infrastructure and grids as a single unit. Although the 20 kV ring line was originally transferred to the city and the contract states that it will not be sold, it is nevertheless included in the purchase through the severability clause and the unity concept. The city and its grids are included in the purchase through the extension and integration of other grids, and the sovereign rights over the entire area are transferred to the buyer.

Part 85

Transfer of sovereignty and the role of the commercial enterprise

In the case where an international treaty involves the transfer of a NATO military property and its networks, it is important to clarify how private commercial enterprises and their networks are affected, especially if they have rights of use through separate contracts. Here is a detailed explanation:

1. license agreement and broadband cable network

Reference to the license agreement

- License agreement: The agreement refers to an existing license agreement that allows a commercial enterprise to operate the broadband cable network.

- Rights of use: The commercial enterprise has the right to operate the broadband cable network based on the license agreement.

2. inclusion of the broadband cable network in the state succession

Transfer of sovereignty

- Contract clause: The international contract stipulates that all development networks, including private networks, are considered and transferred as a single unit.

- Broadband cable network: The broadband cable network is part of this development unit and is therefore affected by the state succession.

3. exclusion of the commercial enterprise from the international treaty

No legal capacity under international law

- Commercial enterprise: The commercial enterprise cannot bear any rights under international law as it has no subjectivity under international law.

- Contracting parties: Only states and international organizations can conclude international treaties as subjects of international law.

Exclusivity of the international treaty

- Contracting parties: The international treaty remains limited to the states and international organizations involved.

- Exclusion of the business enterprise: The business enterprise is expressly excluded from the international treaty.

4. legal force of the treaty through a severability clause

Severability clause

- Definition: A severability clause ensures that the contract remains legally binding even if parts of it are invalid or unenforceable.

- Application: Even if the commercial enterprise's license agreement is excluded from the international contract, the rest of the contract remains valid.

Legal force and enforceability

- Continuity of the treaty: The international treaty remains in force and binding on the subjects of international law involved.

- Continuity of rights and obligations: The transferred rights, obligations and sovereign powers remain in force, irrespective of the specific regulation of the broadband cable network.

Summary

Irrespective of the fact that the contract refers to a license agreement that allows a commercial enterprise to operate the broadband cable network, this network remains affected by the state succession. The commercial enterprise is excluded from the contract under international law, as it cannot bear any rights under international law. The contract remains legally binding due to a severability clause, which ensures that the transfer of sovereignty and the associated rights and obligations remain in place.

Part 86

Legal implications of the extension of sovereignty by deed of state succession

In this scenario, the state succession deed leads to the extension of the buyer's sovereignty over the entire territory of the NATO states through the sale and inclusion of the supply networks, which are considered an indivisible unit. This implies that the NATO countries no longer have their own territory, as all rights, obligations and components of the supply networks have been transferred to the buyer.

1. principles of state succession and territorial extension

Definitions and principles

- Territorial extension: The extension of a sovereign territory through the inclusion of additional territories due to infrastructural connections, such as supply networks.

- State succession: The legal process by which a state transfers sovereignty over a territory to another state or legal entity.

- Indivisible unit: Utility networks (electricity, gas, telecommunications, water) are considered an indivisible unit, which automatically extends sovereignty to all areas served by these networks.

Legal basis

- Contractual agreements: The state succession deed regulates the conditions and scope of the transfer, including all rights, obligations and components of the supply networks.

- Recognition under international law: The international community and the affected states must recognize the state succession and the associated legal successions in order to continue international treaties and agreements.

2. mechanism for the extension of sovereignty

Unity of supply networks

- Unified development: The treaty defines the entire development, including all supply networks, as an indivisible unit.

- Automatic extension: Sovereignty is extended to all areas covered by these networks, so that the NATO states effectively no longer have their own territory.

3. Legal consequences and practical implications

Loss of sovereign territory

- Transfer of sovereignty: By including the supply networks in the state succession deed, sovereignty over all NATO states is transferred to the buyer.

- Legal legitimation: The legal basis of this transfer is based on the recognition of the State Succession Deed and the definition of the supply networks as an indivisible unit.

Types of assets affected

- State-owned enterprises and assets: All companies and enterprises owned by the NATO states are transferred to the ownership of the new sovereign.

- Examples: Energy supply companies, telecommunications companies, railroad companies, waterworks.

- State-owned buildings: All state-owned buildings and facilities are also transferred.

- Examples: Government buildings, administrative buildings, public schools, hospitals, military facilities.

- Infrastructure: All infrastructure projects financed and operated by the state.

- Examples: Roads, bridges, tunnels, harbors, airports.

- Land and real estate: All land and real estate owned by NATO countries.

- Examples: Nature reserves, public parks, state-owned residential buildings.

- Resources and rights: All natural resources and the rights to use these resources.

- Examples: Mining concessions, water use rights, fishing rights.

- Financial assets: State bank accounts, bonds, investments.

- Cultural heritage: Historical buildings, monuments, museums and their collections.

- Documents and data: Official government documents, databases and records.

- Military equipment and facilities: All military assets owned by NATO countries.

- Treaties and agreements: Existing state treaties and agreements with other states and international organizations.

4. precedents and legal justification

Historical precedents

- Treaty of Saint-Germain (1919): The partition of Austria-Hungary led to the creation of new states and the transfer of territories and infrastructure to ensure logical and practical administration.

- Break-up of the Soviet Union (1991): The breakup of the Soviet Union led to the creation of new states, which took over sovereignty and assets.

Legal justification

- Recognition under international law: The legal succession is legally legitimized by reference to existing international treaties and the automatic recognition of the new treaty.

- Indivisible unit: The definition of the supply networks as an indivisible unit ensures that control over these networks is not interrupted, even if they expand geographically.

5. Practical challenges and security issues

Unified administration

- Administrative challenges: Managing these extensive and complex supply networks poses enormous administrative challenges, particularly in coordinating between different types of networks and across national borders.

- Continuity of sovereignty: The transfer of sovereignty remains consistent as the networks are considered an indivisible unit.

Security issues

- Critical infrastructure: Control of critical infrastructure by a natural person or a new subject under international law could pose significant security risks for the states concerned.

- International stability: Such a scenario would likely lead to significant international instability and potential conflict.

Conclusion

The state succession deed, which defines the entire development as an indivisible unit, extends sovereignty over all NATO states to the buyer. As a result, the NATO states effectively no longer have their own territory and all rights, obligations and components of the supply networks have been transferred to the buyer. The types of assets affected include state-owned enterprises, state-owned buildings, infrastructure, land and real estate, resources, financial assets, cultural heritage, documents and data, and military equipment and facilities. Historical precedents and the legal justification underpin this succession and the automatic recognition of the new contract.

Part 87

Legal explanation of the extension of territory through supply networks

In this scenario, a small military property, originally occupied by NATO, is sold by a deed of succession. The deed transfers sovereignty to the buyer and extends it to all supply networks (electricity, gas, telecommunications, water) emanating from the property. These networks are regarded as an indivisible unit, which extends jurisdiction to the areas of the networks that extend from the property. The legal challenge is to establish an external boundary that connects the outer strands of the networks into a logical overall area.

1. Contractual content and definition of the supply networks

Unity of the supply networks

- Unity of development: The state succession deed defines all supply networks as an indivisible unit, which means that the sovereignty over these networks remains undivided and automatically extends to all areas in which the networks run.

2. Mechanism for determining boundaries and extending sovereignty

Legal basis

- Indivisible unit: By defining the networks as an indivisible unit in the state succession deed, sovereignty is extended not only to the original area of the military property, but also to all areas connected by these networks.

- Automatic extension: As soon as a network extends from the property, sovereignty is automatically extended to the entire areas connected by the networks.

Boundary determination

- Outer strands: The outer strands of the supply networks are identified and a logical total area is formed that includes these strands.

- Logical total area: The connection of the outer strands forms a contiguous area or "island", which is legally considered to be the extended territory of the buyer.

3. Precedents and legal justification

Historical precedents

- Treaty of Trianon (1920): After the First World War, Hungary's territory was drastically reduced. The treaty established new borders, which also affected infrastructure. The demarcation was partly based on natural geographical features and existing infrastructure.

- Treaty of Saint-Germain (1919): This treaty regulated the division of Austria-Hungary and led to the creation of new states. Here too, borders were drawn based on existing infrastructures in order to ensure logical and practical administration.

Legal justification
- Recognition under international law: By referring to the existing transfer relationship and the automatic recognition of the new treaty, the extension of sovereignty is legally legitimized.

- Indivisible unit: The legal definition of the supply networks as an indivisible unit ensures that control over these networks is not interrupted, even if they expand geographically.

- Logical boundary definition: The outer strands of the supply networks are considered boundaries that form a contiguous area that is recognized as the buyer's new territory.

4. Practical implications and challenges

Unified administration
- Administrative challenges: Managing these extensive and complex supply networks poses enormous administrative challenges, particularly in coordinating between different types of networks and across state borders.

- Continuity of sovereignty: The transfer of sovereignty remains consistent as the networks are considered an indivisible unit.

Conclusion

The state succession deed, which defines the supply networks as an indivisible unit, extends sovereignty from the small original military property to the entire areas served by these networks. The outer strands of the networks are joined to form a logical whole, which is regarded as the extended territory of the purchaser. Historical precedents and legal reasoning underpin this extension and the automatic recognition of the new treaty.

Part 88

Legal explanation of the domino effect in the case of overlapping networks by means of a state succession deed

In this scenario, a state succession deed is used to transfer a military property and the associated supply networks (electricity, gas, telecommunications, water) as an indivisible unit to a new buyer. The domino effect describes how jurisdiction jumps from one network to another without the need for a physical connection, as the entire development is considered a single unit.

1. Contractual content and definition of supply networks

Unity of the supply networks

- Unified development: The state succession deed defines all supply networks (electricity, gas, telecommunications, water) as an indivisible unit.

2. Legal basis of the domino effect for overlapping networks

Overlapping networks

- Definition: Overlapping networks are those in which different types of supply lines (e.g. electricity and gas lines) run in the same geographical area without there having to be a physical connection between them.

- Legal basis: The definition as an indivisible unit in the state succession deed means that the sovereignty transferred to one network is automatically extended to all other networks in the same area.

3. mechanism of the domino effect

Legal explanation of the effect

- Automatic extension of sovereignty: If a network runs in an area of a sold network, sovereignty is automatically transferred to the overlaying network. An actual physical connection between the networks is not required.

- Legal unit: The networks are legally considered as one unit, which means that the buyer's sovereign rights and obligations are extended to all networks in the same area.

Example application

- Case study: In an area where a gas transmission network is sold and where there is also an electricity network, sovereignty over the electricity network is automatically transferred to the buyer, even though there is no physical connection between the two networks.

- Extension of sovereign rights: This transfer is based on the definition in the state succession deed that all supply networks are regarded as an indivisible unit.

4. Legal consequences and practical implications

Unified administration

- Administrative challenges: The management of these extensive and complex supply networks poses enormous administrative challenges, particularly in the coordination between different types of networks.

- Continuity of sovereignty: The transfer of sovereignty remains consistent as the networks are considered an indivisible unit.

Security issues

- Critical infrastructure: Control of critical infrastructure by a natural person or a new subject under international law could pose significant security risks for the states concerned.

- International stability: Such a scenario would likely lead to significant international instability and potential conflict.

Conclusion

The domino effect of overlapping networks occurs when jurisdiction jumps from one network to another in the same geographical area without the need for a physical connection. This is based on the legal definition in the state succession deed, which considers all supply networks as one indivisible unit. The rights and obligations of the purchaser therefore automatically extend to all overlapping networks, which leads to far-reaching legal, political and security consequences.

Part 89

Inclusion of private company networks and possible nationalization

In the case where all access networks of a NATO military site are sold as a unit, this also concerns the networks of private companies. Here are the legal aspects and the possibility of nationalizing these networks:

1. inclusion of the networks of private companies

Contractual regulation

- Scope of the sale: The contract states that all development networks, including those of private companies, form a unit and are sold with all rights, obligations and components.

- Sovereignty: Sovereignty over the area in which these networks run is transferred to the buyer, regardless of whether the networks are privately owned.

Private companies and their networks

- Private ownership: Networks owned by private companies are also covered by the contractual regulation.

- Rights of use: The buyer acquires sovereignty and thus the right to regulate and control the use of these networks.

2. no obligation to protect private property

Principle of state sovereignty

- Sovereignty: A sovereign state has legal and administrative control over its territory and the infrastructures within it, irrespective of private ownership.

- Regulatory right: The state can regulate the use and management of private infrastructures within the scope of its sovereign rights.

Legal basis

- Contract law: The contract transfers sovereignty and the associated rights, obligations and powers to the buyer, including the management of private networks.

- International practice: In international treaties and state regulations, it is common for sovereignty over infrastructure to be exercised independently of ownership.

3. possibility of nationalization

Nationalization as a theoretical option

- Definition: Nationalization means the takeover of private property by the state in order to place it under state control.

- Legal basis: A sovereign state can take legal measures to nationalize private property if this is in the public interest.

Practical implementation

- Legislation: The buyer, as the new sovereign, could enact laws allowing the nationalization of private networks.

- Compensation: Many legal systems provide for adequate compensation for the affected owners in the event of nationalization.

Significance of the option

- Theoretical option: Even if it is not planned, the possibility of nationalization exists, which shows that the sovereign power of the buyer is comprehensive and is not limited by private property rights.

- Control and management: The possibility of nationalization underlines the buyer's full control and management of the infrastructure in the area sold.

Summary

The contract for the sale of the NATO military property and its development networks also includes the networks of private companies. Sovereignty over these networks is transferred to the buyer, regardless of private ownership. Theoretically, it is possible to nationalize these networks, although this is not planned. This option shows that the buyer, as the new sovereign, has comprehensive control and management rights over the entire infrastructure in the area sold.

Part 90

In the context of the contract discussed and the provision that all development networks form a unit and are sold with all rights, obligations and components, the following legal considerations arise:

1. unity of the development networks

Definition and meaning

- Contractual regulation: The contract defines that all development networks (including water, electricity, gas, telecommunications, etc.) form a unit.

- Sale with all rights, obligations and components: This means that the buyer assumes all rights and obligations associated with the networks, regardless of whether these networks are private or public.

2. private networks and transmission rights

Private networks

- Private ownership: Private networks are networks owned by private individuals or private companies.

- Transmission rights: These networks may pass through the buyer's territory and the buyer has the legal authority to regulate and use transmission rights.

3. sovereignty and rights in the territory of private networks

Sale of sovereignty

- Sovereignty: Sovereignty refers to the legal and administrative control over an area and the infrastructure therein.

- Inclusion of private networks: Even if the networks are privately owned, the sovereign rights over the territory in which these networks run have been sold.

Implications of the contractual clause

- Territorial sovereignty: The contractual clause that all development networks form a single unit transfers sovereignty over the entire territory, including the private networks, to the buyer.

- Rights and obligations: The buyer takes over not only the physical networks, but also the legal control and management of the areas in which these networks run.

4. legal compliance and enforcement

Contractual commitment

- Legally binding: The contract is legally binding and obliges all parties involved to fulfill the agreed provisions.

- Enforcement: The buyer has the right to enforce control and management over the private networks and the associated rights under national and international laws.

5. Examples and precedents

International practice

- Transfer of jurisdiction: In similar cases of international treaties, jurisdiction over a territory is often transferred regardless of private ownership, as long as the legal control and management of the territory is regulated in the treaty.

- Precedents: There are examples where sovereignty over infrastructure projects has been transferred to new state or private owners based on contractual agreements, despite private participation.

Summary

The provision in the contract that all development networks form a unit implies that sovereignty over the entire area, including areas with private networks or networks with transmission rights, is transferred to the buyer. The buyer acquires not only the physical networks, but also the legal control and management of the areas in which these networks run. This means that sovereignty in the area of the private networks is a right that has been sold and transferred by the contract.

Part 91

Comprehensive transfer of rights, obligations and components in the sale

The sale of the NATO military property included not only the physical property, but also all associated rights, obligations and components. This includes a variety of infrastructure and businesses located in the area. Here is a detailed explanation of how these various elements were integrated into the sale:

1. sale with all rights, obligations and components

Contractual provision

- Scope of the sale: The contract expressly states that the object of purchase was sold with all rights, obligations and components.

- Legal consequences: This means that the buyer takes over all legal and administrative aspects of the property and the associated infrastructures.

2. inclusion of state-owned companies and their networks

State-owned enterprises

- Definition: State-owned enterprises are companies that are owned by the state and provide services or goods for the general public.

- Sale and transfer: State-owned enterprises located in the sold territory were also transferred to the buyer, including their infrastructure and networks.

Parent companies and subsidiaries

- Corporate structure: The transfer also includes parent companies and subsidiaries of the state-owned enterprises, provided they operate in the sold territory.

- Complete corporate networks: All related networks and infrastructures of the parent companies and subsidiaries are part of the sale.

3. publicly-owned companies and partial ownership in state hands

Publicly owned companies

- Ownership structure: Public enterprises that are partially or wholly owned by the state are also transferred.

- Infrastructure and networks: These operations and their associated infrastructures and networks are part of the sale.

Partial ownership by the state

- Sale and transfer: Shares in operations and their networks that are partially owned by the state are also transferred, provided they are located in the area being sold.

4. rights of use and transmission rights to networks of all kinds

Rights of use

- Definition: Rights of use refer to the permission to use certain infrastructures, even if they are privately owned.

- Transfer: Rights of use to infrastructure located in the area sold are also transferred to the buyer.

Transmission rights

- Definition: Transmission rights are rights to use infrastructure to route services or goods through a specific area.

- Transfer: These rights are also transferred to the buyer, regardless of whether the infrastructures are privately owned.

5. networks of private utilities

Private utility companies

- Ownership: Private utilities operating infrastructures and networks in the sold area retain their ownership, but sovereignty over these networks is subject to the buyer.

- Sovereign rights: The buyer acquires sovereign rights over the territory, including the networks of private companies.

6. Sovereign rights and their meaning

Definition of sovereign rights

- Legal control: Sovereign rights refer to the legal and administrative control over a territory and the infrastructures therein.

- Independence from ownership: These rights are transferred independently of private ownership or the rights of use of commercial enterprises.

Transfer of sovereign rights

- Comprehensive control: The buyer acquires comprehensive control over all infrastructures and networks in the area sold, including those in private ownership.

- Contractual provision: The contractual provision ensures that the sovereign rights are transferred together with the physical and infrastructural elements of the territory.

Summary

The sale of the NATO military property and associated networks involved a comprehensive transfer of all rights, obligations and components. This includes state-owned companies, their parent companies and subsidiaries, public-law companies and partial ownership in state hands. Usage and transmission rights to networks of all kinds as well as networks of private utility companies are also part of the sale. The sovereign rights over the territory are transferred to the buyer irrespective of private ownership or the rights of use of commercial enterprises.

Part 92

Domino effect of territorial expansion through overlapping networks

In the case where a NATO military property and its utilities are sold, a domino effect occurs, extending the buyer's jurisdiction through overlapping networks. The contract defines the development as a single entity, whereby any crossing or overlapping of networks leads to further territorial expansion. Here is a detailed explanation of this process:

1. starting point: sale of the military property and internal development networks

The military property has an internal stand-alone development network that connects to the public network. These internal networks include:

- Water and sewage network

- road network

- Telecommunications network

- Broadband and internet network

- Telecommunications network

- Gas transmission network

- Electricity network

2. expansion through physical connections

Firstly, sovereignty is extended through direct physical connections between internal networks and public networks. Here are some examples:

- Electricity grid: The internal electricity grid is connected to the national electricity grid and extends through the European interconnected grid.

- Broadband network: The internal broadband network is connected to the national and transnational broadband network, including transatlantic connections.

3. overlapping networks and logical connections

The key domino effect occurs when networks overlap or intersect, extending the buyer's jurisdiction to other areas, even without a direct physical connection.

Example 1: Gas transmission network and electricity grid

- Internal development: The gas transmission network of the property is connected to the national gas transmission network.

- Overlap: The national gas transmission grid crosses the national electricity grid at several points.

- Territorial extension: The crossing extends the buyer's sovereignty to the electricity grid and the areas connected to it.

Example 2: Electricity grid and broadband network

- Internal development: The electricity grid of the property is connected to the European interconnected grid.

- Overlap: The European electricity grid crosses the broadband network, which also includes transatlantic connections.

- Territorial extension: The crossing extends the buyer's jurisdiction to the broadband grid and all connected territories, including the US and Canada.

Example 3: Broadband network and telecommunications network

- Internal development: The broadband network of the property is connected to the national and international broadband network.

- Overlap: The broadband network crosses the telecommunications network, which includes both national and international connections.

- Territorial extension: The crossing extends the buyer's jurisdiction to the telecommunications network and all connected territories.

4. circular extension through crossovers

The extension of jurisdiction is circular, as each network that crosses another contributes to further territorial extension:

- Water and sewage network: Intersects the road network and thus expands further.

- Road network: Intersects the telecommunication network and extends sovereignty to further areas.

- Telecommunications network: Crosses the internet network and thus also includes international connections.

5. total NATO territorial extension

Through the continuous intersections and overlaps of the networks, the sovereignty of the purchaser is systematically extended:

- Germany: initially, the jurisdiction covers the whole of Germany through the numerous internal and external connections of the networks.

- NATO countries: From Germany, sovereignty spreads to other NATO countries connected by the various networks.

- Transatlantic connections: Particularly through broadband and Internet connections, sovereignty also extends to NATO countries in North America (USA, Canada).

End result

The domino effect means that each intersection and overlap of networks further extends the buyer's jurisdiction. This happens regardless of direct physical connections, as the development unit as a whole is defined in the contract. Due to the large number of connections and overlaps, all NATO countries are ultimately covered by the sovereignty of the buyer.

Part 93

Application of state succession to newly laid networks after 1998

1. background: State succession deed and new networks

- 1998: Conclusion of the State Succession Deed, which regulates the transfer of the sovereign rights of the NATO property to the buyer.

- 2000: Supplementary deed confirming the fulfillment of the contractual obligations by the buyer.

- Networks: Development networks that existed at the time of the contract and newly laid networks after 1998.

2. principle of state succession and extension

Scope of the contract:

- Comprehensive sale: the 1998 contract covers the transfer of sovereign rights and the development networks that existed at that time.

- Extension clause: If the contract contains a clause stating that the entire development is considered as a unit, newly laid networks could also be covered by this provision.

3. applicability to newly laid networks

Newly laid networks after 1998:

- Network unit: if the contract explicitly or implicitly states that the development networks form a unit, this may mean that future extensions of the networks are also covered by the contract.

- Continuity of sovereign rights: The transfer of sovereign rights would therefore also affect newly laid networks, provided that these extensions are considered part of the development unit.

Exemplary application:

- Electricity network, telecommunication network, broadband network: if these networks were extended or newly laid after 1998, they would be part of the development unit and subject to the sovereign rights and obligations set out in the Treaty.

4. international law principles and treaty adaptation

Treaty interpretation:

- Teleological interpretation: The interpretation of the treaty should take into account the meaning and purpose of the agreement, especially if the treaty aims to consider the development as a continuous and unitary structure.

State succession and continuity:

- Treaty obligations: New NATO member states that joined after 1998 assume the obligations of existing treaties, including network expansion.

- Legal continuity: The sovereign rights and obligations under the State Succession Treaty thus also apply to newly installed networks.

Summary

The extension of development networks after 1998 to newly laid networks would be covered by the State Succession Deed if the contract expressly or implicitly states that the whole development is considered as a unit. The transfer of sovereign rights and obligations under the Treaty would therefore also affect newly installed networks. This also applies to new NATO member states that joined after 1998, as they assume the existing obligations under international law.

Part 94

In this scenario, in which a treaty under international law covers the transfer of a military property and all associated supply networks as an indivisible unit, and these networks, including submarine cables for internet and telecommunications, run from European NATO member states across the Atlantic to the US, which is also a NATO member and has agreed to the treaty, specific questions of the law of the sea and territorial extension arise.

Analysis and consequences under the law of the sea

1. Treaty content and ratification

- Unity of the supply network: The treaty defines all supply lines, including submarine cables for internet and telecommunications, running from European NATO member states to the USA as an indivisible unit.

- Transfer of rights and obligations: The buyer assumes all rights and obligations under international law associated with these supply networks.

- Ratification by NATO countries: All NATO member states, including the U.S., have agreed to and ratified the treaty.

2. aspects of the law of the sea

- UN Convention on the Law of the Sea (UNCLOS): The Law of the Sea, in particular the United Nations Convention on the Law of the Sea (UNCLOS), regulates the use and protection of international waters, including the laying and operation of submarine cables.

- International waters: Submarine cables pass through international waters that are not part of the territory of a state but are considered to be the common heritage of mankind. States have the right to lay, maintain and operate submarine cables in these waters.

3. Legal consequences of ratification

- Binding force of the treaty: Ratification makes the treaty legally binding, and the USA is obliged to recognize and implement the provisions contained therein.

- Transfer of control: If the treaty effectively transfers control of the supply networks as an indivisible unit to the buyer, this could theoretically lead to a de facto transfer of control of these networks, including those running into the USA.

4. unintended territorial effects

- De facto expansion of territory: The transfer of all of the supply networks as a unit could result in a de facto territorial expansion, as the buyer would assume control of those networks even if they pass through international waters and reach the United States.

- Management and control: The buyer would theoretically have control and management over these networks, which would create significant practical and administrative challenges, particularly with respect to U.S. national security and sovereignty.

Conclusion

If the treaty is ratified and the U.S. has agreed that the utility grids will be considered and transferred as an indivisible unit, the U.S. could theoretically be affected by the sale.

Part 95

Legal analysis: Affectedness of submarine cables by state succession deed in international waters

The submarine cables that run between NATO countries in the EU and the US and Canada are affected in the scenario of state succession if the deed defines the supply networks as an indivisible unit. This analysis focuses on the legal situation in international waters on the high seas and explains why the deed's claim does not come to nothing there and is not interrupted.

1. Contractual content and definition of supply networks

- Unity of the supply networks: The State Succession Deed defines that all supply networks (electricity, gas, telecommunications, water) are considered an indivisible unit.

- Inclusion of submarine cables: This definition also includes the submarine cables that run between the NATO countries in the EU and the USA and Canada.

2. legal situation in international waters

- UN Convention on the Law of the Sea (UNCLOS): The United Nations Convention on the Law of the Sea (UNCLOS) regulates the use and protection of international waters. Article 87 (freedom of the high seas) and Article 112 (laying of submarine cables and pipelines) are particularly relevant here.

- Freedom of the high seas: Article 87 UNCLOS grants all states the freedom of the high seas, including the freedom to lay submarine cables.

- Laying and maintenance of cables: Article 112 UNCLOS confirms the right of all States to lay and maintain submarine cables in international waters.

3. Legal reasoning: Application of the Instrument of State Succession to submarine cables

- Indivisible unit: As the Instrument of State Succession defines the supply networks as an indivisible unit, control over these networks, including submarine cables, is not interrupted by leaving national territory.

- Continuity of rights and obligations: The rights and obligations associated with the supply networks extend throughout the submarine cables, as they are considered an integral part of the networks.

4. Affecting the submarine cables through state succession

- Extension of sovereign rights: The buyer assumes sovereign rights over the supply networks, including the submarine cables, as these are defined as an indivisible unit. This also applies to the part of the submarine cable that runs through international waters.

- Recognition under international law: The instrument of state succession, which has been recognized by all NATO states, transfers these rights to the buyer, whereby the claim to the submarine cables is also recognized in international waters.

5. Practical implications and continuity

- Technical management: Although the management and maintenance of submarine cables in international waters is technically and logistically demanding, legal control remains uninterrupted.

- Transfer of sovereignty: By recognizing the state succession deed, the transfer of sovereignty remains valid in international waters as the supply networks are considered a single entity.

Conclusion

The Instrument of State Succession, which defines the supply networks as an indivisible unit, also includes the submarine cables between NATO countries in the EU and the USA and Canada. According to UNCLOS, states have the right to lay and maintain submarine cables. As the rights and obligations of the supply networks are transferred by the state succession deed, this also applies to the submarine cables in international waters. The claim of the deed therefore does not come to nothing and legal control remains uninterrupted.

Part 96
The case describes a contract concerning a military property and its associated networks and leads to a particular type of territorial extension without universal succession. Here is a detailed explanation:

1. no universal succession

Universal succession means the complete assumption of all rights and obligations of one state by another, including all state debts. In this case, however, it is not a universal succession, but a specific transfer of sovereign rights that only concerns the military property and the networks connected to it.

2. Specific state succession of the military property

The state succession deed relates to a specific military property. This deed regulates the transfer of sovereign rights over the property and the associated networks, which form a single entity. This transfer is extended to the entire NATO territory through the domino effect.

3. Domino effect and networks

The domino effect occurs as the buyer's sovereignty extends through physical and logical connections of the networks:

- Power grid: interconnection of NATO countries' power grids.

- Telecommunications network: extension via transatlantic submarine cables and other telecommunications links.

- Gas network: inclusion of the long-distance gas network and other overlapping networks.

4. clean slate or tabula rasa principle

The clean slate or tabula rasa principle states that the new state (in this case, the buyer of the property and networks) is debt free. This means:

- No assumption of government debt: The buyer does not assume any sovereign debt of the NATO countries that affect the territory.

- Debt-free new territory: The buyer's newly created territory is debt-free and independent of the financial liabilities of the NATO countries.

5. continued existence of the NATO states

Although the NATO countries have lost their entire territory through the sale of the networks, they do not cease to exist. They continue to exist legally and retain all their liabilities:

- Legal continued existence: NATO countries continue to exist as legal entities, retain their government and population, but lose their territory.

- Liabilities: All existing financial and legal liabilities remain with the NATO countries and are not transferred to the buyer.

6. no more sovereign territories

The NATO countries no longer have any territory after the sale, which leads to a special situation:

- No physical territory: without sovereign territory, NATO countries have no physical control over territories.

- Legal and political challenges: This situation leads to legal and political challenges as NATO countries must maintain sovereignty without physical territory.

Summary

This treaty is not a universal succession, but a specific transfer of sovereign rights over a military property and its associated networks. The domino effect leads to the extension of the buyer's sovereignty to the entire NATO territory, without the assumption of national debts of the NATO countries. The NATO states retain their legal existence and liabilities, but lose their territory.

Part 97

In order to explain the governmental boundary delineation based on the logical route between the outer strands of the supply lines and how they form a meaningful total area that de facto encompasses the entire territory of the NATO countries, it is necessary to analyze in detail the geographical and infrastructural integration of these networks. This scenario represents an extremely complex situation that implies the transfer of sovereignty over the territories concerned.

Governmental border demarcation through supply networks

1. treaty content and ratification

- Unity of the supply networks: The treaty defines that all utility networks (electricity, gas, telecommunications, water) are considered as one indivisible unit.

- Transfer of rights and obligations: The purchaser assumes all rights, obligations and governmental authority under international law over the territories in which these networks run.

- Ratification by NATO countries: All NATO countries, including the USA, have agreed to the treaty.

2. identification of the outer strands of the supply networks

- Geographical analysis: A comprehensive geographical analysis of the supply networks in the NATO countries is carried out to identify the outer strands.

- External supply lines: These external supply lines include the outermost electricity, gas, telecommunications and water lines that run through NATO countries and are physically interconnected.

3. logical route and connection points

- Connection points: All nodes and connection points of the utility networks are mapped to create a logical route connecting the outer strands.

- Geographical connection: The geographic connection of these points forms a logical route that determines the boundary delineation for the new governance.

4. formation of a contiguous area

- Meaningful total area: The logical route of the outer strands forms a meaningful total area, which is defined by the geographical location of the supply networks.

- Overlapping networks: In areas where there are multiple networks (e.g. gas and electricity), control jumps to all relevant networks as per the contract, extending the area.

Step-by-step explanation of boundary demarcation

1. identification of the external supply lines in each NATO country

- Germany: The outermost power and gas lines that form the border with other NATO and non-NATO countries are identified.

- France: Similarly, the outermost supply lines of France are mapped.

- Italy, Poland, etc.: This analysis is carried out for all NATO countries in Europe.

2. connection of these outer strands into a logical route

- Physical connection: The outer strands of the supply lines are physically interconnected to form a continuous logical route.

- Inclusion of submarine cables: Submarine cables connecting Europe with North America are considered part of the logical route.

3. formation of the total area

- Contiguous area: The connection points of the outer strands and the resulting route form a contiguous area that de facto covers the entire territory of the NATO countries concerned.

- Jumping control: In areas with overlapping networks, control jumps from one network to the other, thereby extending governmental authority over the entire area.

Part 98

Indeed, if a state succession deed makes express reference to another contract relating to a supply network and states that the entire supply network being sold forms a single entity, this could result in the supply network, and therefore potentially parts of the territory through which the network passes, being unintentionally sold as well. Here are scenarios based on the previously mentioned examples where such a case could occur:

Scenarios:

1. Treaty of Trianon (1920) - Hungary and its neighboring states

- State succession deed: Assume that the Treaty of Trianon had included an additional treaty on the water supply and electricity networks, stating that the entire network forms a single entity.

- Provisions: The state succession deed refers to this treaty and stipulates that the entire supply network is not shared but is taken over in its entirety by the new states.

- Unintended consequences: This could result in the new states taking control of the entire grid, including the parts that run through other territories. This could lead to a de facto extension of their territory to ensure the management and maintenance of the entire network.

2. Treaty of Saint-Germain (1919) - Austria and its neighboring states

- State succession deed: Suppose the treaty had included an additional treaty on the telecommunications and electricity networks, establishing the unity of these networks.

- Provisions: The State Succession Deed refers to the fact that these networks will not be divided at the new state borders, but will be taken over as a unit by the new states.

- Unintended consequences: This would allow the new states to take control of these supply networks in their entirety, resulting in a de facto territorial extension, as they would also have to administer the networks through the territory of the ceding state.

3. Sudetenland and the Munich Agreement (1938)

- State succession deed: let's imagine that the Munich Agreement had included a treaty on telecommunications and electricity networks, establishing the unity of these networks.

- Provisions: The Instrument of State Succession would have incorporated this treaty and stipulated that the Sudetenland would take control of the entire network, regardless of whether parts of the network passed through Czechoslovakia.

- Unintended consequences: Germany could thereby take control of the entire infrastructure, creating logistical and administrative challenges for Czechoslovakia and resulting in a de facto expansion of German territory.

4. Kosovo and Serbia (2008)

- State Succession Deed: Assume that there is a State Succession Deed between Serbia and Kosovo that refers to a treaty on telecommunications and electricity networks and establishes their unity.

- Provisions: The deed stipulates that Kosovo takes control of the entire utility network that runs through both territories.

- Unintended consequences: This could result in Kosovo taking control of networks in Serbian territory, leading to de facto territorial expansion and potential conflict.

Legal issues and consequences:

- Is the entire network included in the sale: Yes, under the terms of the treaty, which establishes the supply network as a single entity, the entire network could be considered part of the sale, regardless of state borders. This could lead to the new state taking over management and control of the entire network.

- Territorial implications: This takeover could lead to a de facto extension of territory, as the new state would also have to manage the infrastructure in the territories of the ceding state.

- International reactions: Such unintended territorial changes could trigger international tensions and conflicts, which might have to be resolved through diplomatic negotiations or in international courts.

protect?

Part 99

In this scenario, in which a new absolutist monarchy is established and private property, including land, real estate, commercial enterprises and movable assets, remains untouched, and a free capitalist economic system is maintained, several legal and economic aspects arise regarding the treatment of legal persons and business enterprises.

Here are the main considerations:

1. continued existence of private property and property rights

Legal entities and business enterprises:

- Continuity: legal entities (e.g. companies, associations) retain their legal personality and remain recognized in the new state.

- Property rights: All property rights to real estate, land and movable assets remain in place. This means that companies remain the owners of their assets.

- Legal succession: The new state enters into existing contracts insofar as these are compatible with the new legal system.

2. economic order and legal framework

Free capitalist economic system:

- Market economy: the monarch intends to maintain a market economy order in which private property and economic freedom are respected.

- Legal certainty: The laws of the new state are expected to respect the property rights and contracts that existed before the state was founded.

3. protection of foreigners and foreign investment

Rights of foreigners:

- Property protection: foreigners who own property in the new state retain their rights as long as these are in accordance with the new legal system.

- Investment protection: The state may enact investment protection agreements and laws to promote and protect foreign investment.

4. administrative and tax law

Administration:

- Inventory management: the new administrative system must adopt registers and documents to ensure continuity of ownership.

- Tax system: Companies and individuals will be taxed under the new tax system, which should ideally build on the existing systems to ensure economic stability.

5. international law aspects

Recognition and treaties:

- Treaty compliance: the new state adopts international treaties and agreements where compatible. This concerns trade agreements, investment protection agreements and other relevant international obligations.

- Economic integration: The state can take measures to remain economically integrated in regional and international markets.

6. Practical measures

Protective measures:

- Legislation: introduce laws that ensure the protection of property rights and the continuity of business enterprises.

- Institutional support: Establish institutions to support and promote businesses, including chambers of commerce and economic development agencies.

Summary

In the new absolutist monarchy, the rights of legal persons and business enterprises are preserved. Private property is respected and a free capitalist economic system remains in place. Foreigners retain their property rights, and the continuity of property and contractual relationships is ensured by appropriate laws and administrative practices. The new state enters into existing international obligations to promote economic stability and integration.

Part 100

In international law, the usurpation of territory (also known as "acquisitive prescription" or "prescriptive acquisition") means that a state lawfully acquires sovereignty over a territory through the prolonged, uncontested exercise of jurisdiction over that territory after a certain period of time. This is a complex and rarely applied mechanism in international law. In the present case, where a purchaser has acquired a NATO property and the sovereign rights associated with it, the question arises whether the usurpation of the territory by the NATO states is possible if the purchaser and sovereign has objected to the deed and declared the territories to be an absolutist monarchy.

1. succession in international law

Succession usually requires two main conditions:

A. Long, uncontested possession: the state must exercise effective control over the territory for a long period of time without significant contestation.

B. Recognition by the international community: there must be some acceptance or acquiescence by the international community.

2. objection by the sovereign

In this case, the purchaser, who has become sovereign over the territory by deed, has expressly objected to the possession. This objection is decisive:

- Lack of uncontested possession: as the purchaser objects to the seizure, there can be no question of uncontested possession.

- No longer period without objection: The sovereign's objection prevents the necessary period from passing without any significant objection, which would be necessary for a seizure.

3. declaration of absolutist monarchy

The declaration of the territory as an absolutist monarchy by the sovereign, based on founding statutes, reinforces the contradiction:

- Clearly defined sovereignty: the declaration of absolutist monarchy emphasizes the clear and unchallenged sovereignty of the purchaser over the territory.

- Institutionalized control: The founding statutes and the new form of government establish formal and legally recognized control over the territory.

4. Legal and political implications

NATO states could attempt to exercise sovereignty despite the treaty, but this would remain contrary to international law:

- Act contrary to international law: the continued exercise of sovereign power by NATO states remains a violation of international law as it contradicts the valid treaty.

- International reactions: The international community could impose sanctions or take diplomatic action to support the legitimate sovereign.

5. impossibility of the acquisitive prescription

Due to the explicit contradiction of the buyer and the formal declaration of absolutist monarchy, the usurpation of the territory by the NATO states is impossible:

- Clear objection: the buyer's clear and continued objection prevents a silent and uncontested takeover of the territory.

- Legitimate sovereign: The buyer remains the legitimate sovereign of the territory, based on the treaty and the founding statutes.

Summary

In this case, it is not possible for the NATO states to take possession of the NATO territory sold. The explicit objection of the buyer and the formal declaration of absolutist monarchy prevent uncontested possession and lawful usurpation. The NATO states are acting contrary to international law if they continue to exercise sovereignty.

Part 101

The seizure of territory by the NATO states in the case described would be illegal for several reasons under international law. Here are the central arguments:

1. principle of territorial sovereignty

- Transfer of sovereignty: In the case, sovereignty over the territory was transferred by an international treaty to a natural person acting as an absolutist monarch. This agreement was recognized and ratified by the relevant parties, making the territorial sovereignty of the new owner legally valid.

- Violation of sovereignty: The continued occupation or possession of the territory by NATO countries would be a violation of the territorial sovereignty of the new owner. International law protects the sovereignty and territorial integrity of a state (or in this case a sovereign ruler) and prohibits any form of interference or occupation without consent.

2. Principles of international law and treaties

- UN Charter: Article 2(4) of the Charter of the United Nations prohibits the threat or use of force against the territorial integrity or political independence of any state. This also applies to the illegal occupation of a territory.

- Hague Land Warfare Convention and Geneva Conventions: These international treaties regulate the rights and obligations of occupying powers and emphasize that occupation is only permissible on a temporary basis and under strict conditions. Permanent occupation and appropriation are prohibited.

3. occupation as an unlawful act

- Definition of usurpation: Inheritance is a concept of private law in which ownership is acquired through long-term use. In international law, however, this concept does not apply to sovereignty over territory. States cannot acquire territory by inheritance, as this violates the principles of territorial integrity and sovereignty.

- Absence of consent of the sovereign: The inheritance requires the tacit or explicit consent of the original owner. Since the new sovereign owner objects to the state, this consent is lacking, which means that the usufruct is not legally possible.

4. immutability of territorial claims

- No legal effect due to the passage of time: In international law, territorial claims cannot be changed by the passage of time or by unlawful occupation. The principle of "ex injuria jus non oritur" (no right arises from injustice) states that no legitimate legal claims can be derived from unlawful acts.

- Continuing legal claim of the new sovereign: The legitimate sovereign retains its rights to the territory, regardless of the duration of the unlawful occupation or use by the NATO states.

5. Legal consequences of the occupation

- Invalidity of sovereignty: Any action based on the illegal occupation would be null and void. This applies in particular to administrative and legal measures in the occupied territory.

- Legal measures and compensation: The sovereign owner could take legal action to force the return of the territory and claim compensation for damages and losses.

In summary, the seizure of the territory by the NATO states is contrary to international law for the following reasons:

- Violation of the territorial sovereignty and integrity of the new owner.

- Contradiction of fundamental principles of the UN Charter and other international treaties.

- Lack of consent of the legitimate sovereign.

- Immutability of territorial claims due to illegal occupation.

Part 102

Legal succession in state succession: transfer of sovereignty and types of property

State succession refers to the legal transfer of sovereignty and jurisdiction from one state to another or to another legal entity. In this scenario, where a military property and all associated supply networks are sold through a state succession deed, the sovereignty extends to the entire territories served by these networks. An important question here is how the legal succession is handled with regard to the assets in these areas and which types of assets are affected.

1. Principles of state succession and succession in title

Definition and principles

- State succession: Refers to the process by which a state transfers sovereignty over a territory to another state or legal entity.

- Legal succession: Refers to the assumption of rights and obligations of the predecessor by the successor. This includes both state and private assets.

Legal basis

- International treaties: State succession treaties that define the terms and scope of the transfer.

- Legal continuity: Succession generally takes place while retaining the existing legal systems until new regulations are introduced.

2. transfer of sovereignty and types of assets affected

State-owned enterprises and state assets

- State-owned enterprises: All companies and enterprises owned by the state are transferred to the ownership of the new sovereign.

- Examples: Energy supply companies, telecommunications companies, railroad companies, waterworks.

- State-owned buildings: All state-owned buildings and facilities are also transferred.

- Examples: Government buildings, administrative buildings, public schools, hospitals, military facilities.

Other types of assets