Part 2

 

Summary and detailed explanation of the entire facts

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1. Introduction: Sale of the NATO property in Zweibrücken

 

The sale of the NATO property in Zweibrücken begins seemingly innocuously as a real estate purchase agreement under German law. At first glance, it is an ordinary sale of a conversion property, which was superficially designed as a national real estate contract. However, this disguise is deliberate, as only experts in international law would be able to recognize the actual implications of this contract.

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2. The NATO property and the legal transfer

 

- The property: The property in Zweibrücken was originally used by the US military. Part of it was transferred to the Federal Republic of Germany (FRG) as part of the usual conversion process. However, a smaller part remained under the control of the Dutch armed forces, which had taken over the property from the USA. This transfer was based on the NATO Status of Forces Agreement, which regulated the framework for the use and transfer of the property by the Netherlands.

 

- The transfer relationship: The transfer relationship under international law between the FRG and the Netherlands was governed by the NATO Status of Forces Agreement. The treaty, which constitutes the state succession deed, stipulates that this transfer relationship remains unaffected, but that the Dutch armed forces must hand over the property to the buyer within two years of the treaty on the FRG. This obligation was fulfilled in full and in accordance with the contract.

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3. the state succession deed: camouflage and implications under international law

 

- Disguise as a real estate purchase contract: The contract is designed to look like an ordinary real estate purchase contract. This is done in the "finest secret service style" in order to disguise the true implications under international law. In reality, however, the contract is a deed of state succession that has far-reaching consequences.

 

- Partial nullity clause and application of international law: A crucial point is the partial nullity clause, which states that all parts of the treaty that are invalid under national law will be replaced by the corresponding provisions of international law. This means that the treaty remains legally valid, even if many provisions under national law no longer apply. International law invisibly takes their place and ensures the continuity and legal validity of the treaty.

 

- Participating subjects of international law: It is important to note that subjects of international law do not necessarily have to be named as sellers at the beginning of the contract. It is sufficient that they are mentioned somewhere in the text of the treaty and that they have rights or obligations. In this case, the Netherlands is involved as a subject of public international law, which brings the contract within the scope of public international law.

 

- Natural person as buyer: The buyer of the property is a natural person. This is crucial, as only natural persons (or sovereign states) can assume sovereign rights. Commercial enterprises, such as TASC Bau AG, which was also a member of the buyer group and paid the purchase price, are not in a position to assume sovereign rights under international law. As a result, TASC Bau AG drops out of the buyer community, and the buyer remains as the sole beneficiary, establishing a de facto absolutist monarchy through the contract.

 

4. The contractual chain and the domino effect

 

- Chain of treaties and supplementary instrument: The instrument of state succession is not an independent agreement, but a supplementary instrument that extends and supplements a chain of international treaties. It builds on existing treaties that already existed between the subjects of international law involved and adds a new dimension to them. This means that all previous treaties are supplemented by the state succession deed and become part of a comprehensive treaty construct.

 

- Sale of the development as a unit: It was agreed in the contract that the entire development of the property with all rights, obligations and components would be sold as a unit. This means that not only the physical property, but also all associated infrastructural networks and legal obligations are transferred. As some of these networks were already connected to the German public grid, the sale has far-reaching consequences.

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5. The domino effect: from a small property to a global impact

 

- Starting point of the territorial expansion: The sale begins with the small NATO property in Zweibrücken. This property, originally partly handed over to the FRG by the USA and partly used by the Netherlands, forms the starting point for an extensive territorial expansion. As the property was already connected to public networks, the transfer of sovereign rights initially covers Germany and from there all connected networks.

 

- Extension through connected networks: Once the property's development networks are sold as a unit, the buyer's jurisdiction extends to all physically connected or overlapping networks. This means that any network that is connected to the networks of the property in Zweibrücken automatically falls within the scope of the contract. These networks range from electricity and telecommunications networks to water supply, wastewater and gas pipelines.

 

- Overarching domino effect: The domino effect sets in when these networks extend beyond Germany's borders. As soon as the networks reach into other NATO countries, they also cover all national networks there and further extend sovereignty. The effect continues via submarine cables that connect Europe with the USA and Canada, and thus also affects these countries. At the same time, the Act of Succession of States as a supplementary instrument leads to a chain reaction that encompasses and extends all previous NATO and UN treaties.

 

- Global impact through integration into the UN: Since NATO is closely linked to the UN and many of the contracting parties are both NATO and UN members, the domino effect ultimately extends to the entire UN. This extends the treaty to all UN member states, and the instrument of state succession acts as a supplementary instrument that supplements all existing UN and NATO international treaties. The sale with all rights, obligations and components thus leads to the entire territory of all participating states being included in the treaty construct, which ultimately leads to the global coverage of all countries.

 

6. Legal foundations and legal interpretation

 

- Vienna Convention on the Law of Treaties: The application of the Vienna Convention on the Law of Treaties (VCLT) is decisive for determining the validity of treaties in international law. Among other things, the VCLT regulates the legally binding nature of treaties and the conditions for their ratification. As the instrument of state succession is based on previously ratified treaties, it does not require additional ratification.

 

- Succession under international law: The Vienna Convention on the Succession of States to Treaties regulates how a new state enters into existing international treaties. This convention can serve as a basis for the interpretation of the instrument of state succession, particularly with regard to the transfer of sovereign rights and the continuation of existing treaties.

 

- Clean slate rule: The "clean slate rule" states that a newly created state is not bound by the debts and obligations of its predecessor, unless expressly agreed otherwise. In this case, the buyer can enter into existing contracts through the state succession deed, but without being bound by old obligations, unless these were explicitly assumed in the contract.

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7. Conclusion: The buyer as sovereign ruler in the new global order

 

- Absolute sovereignty: As a result of the purchase and its implications under international law, the buyer becomes the de facto sovereign ruler over all territories concerned, including the extended territories covered by the domino effect. This means that the buyer establishes an absolutist monarchy in which it is the sole holder of sovereign rights.

 

- Worldwide recognition: Since all NATO and UN states involved have lost their sovereignty as a result of the treaty chain and the expansion of the treaty construct, the buyer remains the only legitimate sovereign entity. All other subjects of international law no longer legally exist, which means that the buyer de facto rules the entire world, unless a different order is established through new international treaties.