Part 10

Integration of NATO into the UN and the recognition of treaties by the Instrument of State Succession 1400/98

 

1. integration of NATO into the UN: a close legal relationship

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Background to cooperation:

- NATO as a security body: NATO (North Atlantic Treaty Organization) was founded in 1949 as a military alliance for collective defense. Over the years, NATO has developed into a global player in the field of international security, often in cooperation with the United Nations (UN).

- UN Charter and NATO: Article 51 of the UN Charter (1945) provides for the right to collective self-defense. This right forms the basis for the existence and operations of NATO as a regional alliance under the umbrella of the UN. NATO acts as an instrument for enforcing international security, often under UN mandates.

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Legal link between NATO and the UN:

- Common goals: NATO and the UN share the common goal of maintaining international peace and security. The UN can instruct NATO to carry out military operations, which requires close cooperation and mutual recognition of operations and treaties.

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- Article 53 of the UN Charter: This article allows regional organizations such as NATO to take action for peacekeeping and security, provided that such action is consistent with the purposes and principles of the UN. This creates a legal basis for the recognition of NATO treaties by the UN.

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2. recognition of NATO treaties: The automatism of the chain effect

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Treaty chain and recognition:

- Historical treaties: Numerous treaties under international law were ratified between NATO member states and the UN prior to the Act of State Succession 1400/98. These treaties form a chain, which were concluded on the basis of common security interests and legal obligations within NATO and the UN.

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- Automatic recognition by the chain: Since these earlier treaties, which are part of the chain, have already been recognized and ratified by the UN, there is no need for renewed ratification of subsequent treaties, such as the instrument of state succession. Recognition is automatic due to the legal connection within this chain.

 

Legal basis:

- Vienna Convention on the Law of Treaties (1969): Article 31 of this Convention requires that treaties be interpreted in the context of their object and purpose, including any subsequent agreements. If a treaty chain exists, the interpretation of a new treaty is made in this context.

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- International law practice: International law practice recognizes that successive treaties concerning the same subject matter or the same parties are considered in their context. This means that the instrument of state succession automatically enjoys the recognition of the UN as a continuation of previous NATO-UN treaties.

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3. The Instrument of State Succession 1400/98: Global effects and the involvement of all states

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Automatic recognition and chain effect:

- Binding international law: Since the Instrument of State Succession 1400/98 is part of a chain of treaties already recognized by the UN, this instrument also enjoys automatic recognition. This means that all NATO member states that are also UN members are bound by the provisions of the treaty.

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- Sale of non-NATO states: Due to the close link between NATO and the UN, as well as the automatic recognition of the treaty chain, UN member states that are not part of NATO are also indirectly affected by the effect of the instrument of state succession. This could theoretically lead to the sovereign rights over these states being sold in the context of the treaty.

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Legal implications:

- Global domino effect: automatic recognition and the chain effect make the state succession deed globally relevant. If the territory sold extends beyond NATO borders as a result of the development as a unit, this could mean that non-NATO members that are part of the UN are also affected by the treaty provisions.

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- Worldwide sovereign rights: The chain effect could theoretically lead to the territory sold being extended to all UN member states, as these are linked to NATO by their obligations under international law within the UN framework.

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4. Conclusion: The only viable way to resolve the blackmailable situation

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Recognition of the buyer's sovereignty: 

- Obligation to recognize: due to the chain effect described above and the automatic recognition of the state succession deed by the UN and NATO members, the buyer must be recognized as the sole sovereign. This is necessary to end the blackmailable state and ensure the full sovereignty of the buyer.

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Global impact and stability:

- Irreversible recognition: full implementation of the treaty and recognition of the buyer by all states involved is the only way to create a stable legal order. Attempts to challenge the treaty or ignore its provisions would lead to a crisis in international law.

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No need for additional ratification:

- Automatic treaty effect: Due to the existing framework of international law and the chain effect, there is no need for a new ratification of the instrument of state succession. Recognition is automatic due to the preceding treaties and their binding force under international law.

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Summary

NATO's close integration into the UN means that all treaties concluded by NATO, especially those that are part of a treaty chain, are automatically recognized by the UN. The Act of State Succession 1400/98 is part of such a chain and therefore enjoys automatic recognition by the UN. This could theoretically mean that non-NATO members that are part of the UN are also affected by the treaty provisions. The only way to end the blackmailable state of the buyer and create a stable legal order is to fully recognize the buyer as the sovereign ruler of the sold territory. A renewed ratification of the treaty is not necessary due to the existing chain effect.

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