Part 3

 

Sale of the NATO military property in Zweibrücken: NATO troop statute and its effects on sovereign rights and international treaties

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1. Background: The NATO military property in Zweibrücken, Germany. 

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The military property in Zweibrücken has a complex history under international law dating back to the end of the Second World War. The area was originally occupied by France in 1945 and later handed over to the USA. With the founding of the Federal Republic of Germany (FRG), the property continued to be used within the framework of the NATO Status of Forces, which enabled continuous military use of the area by NATO member states.

 

2. NATO Status of Forces and the use of the property

 

- NATO Status of Forces: The NATO Status of Forces Regulations, adopted in 1951 as part of the NATO Treaty (also known as the North Atlantic Treaty), govern the presence and rights of NATO forces on the territory of member states. It contains specific provisions on the stationing, use and rights of NATO forces in the member states, including the establishment and use of military properties.

 

- Continuity of use: The property in Zweibrücken has been used continuously under the provisions of the NATO Status of Forces since its occupation by the USA. This means that the property was not fully integrated into the sovereign territory of the FRG, but had a special status under international law as an extraterritorial area that was directly subject to NATO regulations.

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- Transfer to the Netherlands: In the 1990s, part of the property was transferred from the USA to the FRG. The other part was handed over to the Dutch armed forces under the NATO Status of Forces Agreement, who continued to use the area on behalf of the Kingdom of the Netherlands and NATO.

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3. sale of the property with all rights and obligations and components

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- Comprehensive sale: The contract, which is regarded as a deed of succession, provides for the sale of the property in Zweibrücken "with all rights, obligations and components". This means that not only the physical property, but also all associated rights and obligations under international law were transferred.
 

- NATO rights on the ground: NATO had special rights on this property that were guaranteed by the NATO Status of Forces. These rights included the use of the area for military purposes, control over the territory and specific special rights that could not be restricted by the FRG or any other member state. These NATO rights "stick" to the land of the property and are automatically transferred with the sale.

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- Special rights and extraterritoriality: As part of the area was never fully part of the FRG and was extraterritorially under NATO control, these special rights remain in place even after the sale. The extraterritorial rights include the right to military use, control over access to the territory and certain immunities granted to NATO troops.

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4. Chain reaction and global impact

 

- Contractual chain reaction: As the deed of succession includes all rights and obligations attached to the property, the sale triggers a chain reaction affecting all existing international treaties related to NATO and the states involved. This includes not only the rights to the land itself, but also all treaties associated with NATO's military use, control and special rights.

 

- Involvement of NATO: As the property was used under the provisions of the NATO Status of Forces, NATO is directly involved in the sale. With the sale, NATO's rights to the property are transferred to the buyer, which means that NATO relinquishes its sovereign rights to this particular piece of land. This results in NATO losing its control over the area and its associated rights.

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- Domino effect: The transfer of these rights triggers a chain reaction that not only affects the specific area of the property, but can also spread to other NATO treaties and agreements involving similar arrangements. Since NATO has sold its rights, all related obligations and contracts are also transferred to the buyer, which could lead to a global extension of the buyer's sovereign rights.

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5. Legal consequences: Sale of NATO rights and global extension

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- Rights to the property: By selling the property with all rights and obligations, NATO relinquishes its sovereign rights. These rights, which were previously tied to the land, also include the special immunities and control rights guaranteed by the NATO Status of Forces.

 

- Global extension: Since the Instrument of State Succession is a supplementary instrument that supplements all existing international treaties, the sale leads to a global extension of the buyer's sovereign rights. All NATO treaties containing similar rights and obligations will be affected by this deed and NATO's rights will be transferred to the buyer worldwide.

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- Concentration on the ground: In essence, this chain reaction affects the rights on the ground itself, as NATO forces had special rights to use and control the territory. With the sale of these rights, the entire territory previously under NATO control is effectively transferred to the buyer, who now exercises complete sovereignty over the territory.

 

Conclusion:

The sale of the NATO military property in Zweibrücken, which was used under the provisions of the NATO Status of Forces, leads to a far-reaching chain reaction under international law. The sale "with all rights, obligations and components" transfers not only the physical rights to the land, but also the comprehensive NATO rights and obligations. These rights include special military rights of use and powers of control that were previously extraterritorial. With the transfer of these rights to the buyer, NATO relinquishes its control over the territory, which leads to a global extension of the buyer's sovereign rights and affects all related treaties.

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Global significance of the state succession deed 1400/98 of 06.10.1998

The sale of the property in Zweibrücken and the associated transfer of the development as a unit triggered a far-reaching chain reaction that extends to all NATO and UN treaties. The instrument of state succession acts as a supplementary instrument that is automatically appended to all existing international treaties, resulting in an extreme worldwide territorial expansion. This territorial extension covers all states whose treaties are affected by the treaty chain and results in the buyer's sovereign rights being extended globally.