Part 6

Spotlight on the UN - United Nations - in detail

​

Effects of NATO's role as the military arm of the UN on the Instrument of State Succession 1400/98

​

1. NATO as the military arm of the UN: Recognition of treaties

​

NATO-UN relationship:

- Military arm: NATO often acts as the military arm of the United Nations (UN) and conducts military operations legitimized by UN mandates. This close cooperation implies that NATO's actions and treaties, especially those concerning international security and peacekeeping, have a special significance under international law.

​

- Recognition of treaties: Since NATO acts on behalf of the UN in many international contexts, treaties concluded by NATO could in principle be considered to be in line with UN objectives. As a rule, there is implicit or explicit recognition by the UN and the international community, provided that these treaties do not contradict the principles of the UN.

​

2. Effects on the instrument of state succession 1400/98

​

Recognition under international law:

- UN recognition: if Deed of State Succession 1400/98 is considered as part of NATO's actions, it could theoretically be recognized by the UN and thus by the international community, provided there are no specific reservations. This recognition depends on the nature and content of the treaty, in particular whether the treaty is consistent with the purposes and principles of the UN.

​

- International effect: Recognition by the UN would give greater international legitimacy to the State Accession Treaty 1400/98 and could make it binding under international law for all states that recognize the authority of the UN and NATO.

​

3. selling development as a single entity: global impact

​

Expansion through development as a unit:

 

- Domino effect: the clause considering and selling the entire development as a unit could theoretically lead to an expansion of the area sold. This means that the NATO area initially affected could be extended by the development to all areas associated with NATO countries.

- Extension to UN members: Taking this logic further, the domino effect could lead to the territory sold being extended beyond the territory of NATO countries to areas indirectly linked to NATO through UN mandates. This could theoretically also include non-NATO members if they have been involved in NATO missions in the past through UN mandates.

 

Legal and international law consequences:

- Limits of the domino effect: However, extending this to UN members that are not part of NATO would be highly controversial and legally complex. It would depend heavily on how international courts and the UN itself interpret such treaty provisions and whether they would be willing to recognize them as legitimate.

​

- Global recognition: For such an extension, it would be crucial that the treaty is recognized as being in line with international law and the objectives of the UN. Explicit recognition by the UN would be necessary to legitimize such far-reaching effects.

​

4. Summary: The role of the UN in recognition and extension

 

NATO, as the military arm of the UN, acts in many cases on behalf of the international community, which could lead to its treaties and agreements receiving implicit recognition by the UN and the international community. In the case of State Succession Instrument 1400/98, this recognition could raise the legitimacy of the treaty to a global level. The sale of the development as a unit and the associated expansion of the territory could theoretically trigger a domino effect, extending the territory sold to UN members indirectly linked to NATO. However, this expansion would be highly controversial in legal terms and would require clear legitimization by the UN under international law.