Part 7

The domino effect of the Act of State Succession 1400/98: Expansion of territory beyond NATO borders

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1. recognition and legitimacy of NATO treaties by the UN

 

Integration of NATO into the UN:

- NATO-UN relationship: NATO is closely integrated into the United Nations (UN) system and often acts as the military arm of the UN. This means that NATO treaties, especially those relating to international security issues, are generally also recognized by the UN.

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- Subjects of international law as UN and NATO members: The subjects of international law under the Instrument of State Accession 1400/98 are both NATO members and members of the UN. They therefore act in their international obligations both in the name of NATO and within the framework of the UN, which strengthens the legitimacy and recognition of the treaties by the international community.

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Treaty chain and UN recognition:

- Continuity of treaties: The Instrument of State Succession is part of a treaty chain that builds on earlier, long-established international treaties that have already been recognized by the UN. As these earlier treaties are internationally recognized, the instrument of state succession itself did not have to be ratified again by the UN.

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- Implicit recognition: NATO's integration into the UN implies automatic recognition of the treaties within this chain, which gives the instrument of state succession a binding force under international law.

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2. The domino effect: selling the development as a unit

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Concept of development as a unit:

- Sale of the entire infrastructure: the state succession deed contains a clause that considers the entire development of the area sold as a single unit. This means that not only the physical land, but also all associated infrastructure, rights and obligations are sold.

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- Domino effect: By considering the development as a unit, the sale is not limited to the immediate area of the barracks, but extends to all infrastructural connections that extend beyond the boundaries of this area. This leads to a domino effect where the sold territory is potentially extended to the entire NATO area.

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Extension beyond NATO borders:

- Link to UN territories: Since NATO members are also UN members, and in many cases NATO acts as the military arm of the UN, the domino effect of selling the development could be extended beyond the borders of NATO territory to territories of UN member states that are indirectly or directly linked to NATO through UN mandates.

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- Comprehensive extension: This extension could theoretically lead to the territory sold including not only NATO countries but also other UN members that are or have been involved in NATO mandates in some form. This would mean a massive expansion of the buyer's sphere of influence, which could now control not only NATO territories but also areas outside NATO.

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3. Legal implications and interpretation

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Consequences under international law:

- Limits of the domino effect: the extension of the sold territory to UN territories would have significant consequences under international law and could lead to tensions, as this would affect the sovereignty not only of NATO member states but also of the UN members concerned. The legitimacy of such a sale would depend on how international courts and the UN itself interpret the treaty and whether they consider it to be in line with the UN's objectives.

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- Extended sovereign rights of the buyer: Should the domino effect actually extend beyond the borders of NATO territory, this would give the buyer far-reaching sovereign rights in a large number of countries that were originally reserved for NATO and the UN.

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Legal legitimacy and contestability:

- International recognition: the legality of this expansion would depend heavily on international recognition. If the UN recognizes the treaty as valid, this could lead to far-reaching recognition of the buyer's new sovereign rights.

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- Contestability: States whose sovereignty is affected by this extension could seek to contest the treaty, which could lead to complex international litigation.

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Summary

State Succession Treaty 1400/98, which is part of a long chain of treaties concluded by NATO on behalf of UN members, could theoretically expand beyond the borders of NATO territory through the domino effect of selling the development as a single entity. Since NATO treaties are implicitly recognized by the UN due to NATO's close involvement with the UN, this expansion could also include UN territories linked to NATO by UN mandates. However, the legitimacy and recognition of this expansion under international law depends on the international reaction and possible challenges by the countries concerned.