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Cooperation between NATO AND the UN: In particular, recognition by the UN of the NATO-SOFA treaty chain and thus of the 1400 Act of State Succession
Part 8
Analysis: Impact of the Act of Accession 1400/98 on the UN and the global domino effect
1. integration of NATO into the UN and mutual recognition of treaties
- NATO as an arm of the UN: NATO often acts as the military arm of the UN and conducts operations based on UN mandates. This close cooperation implies that there is mutual recognition of obligations and treaties under international law between the two organizations.
- Chain of treaties and historical recognition: The Act of State Succession 1400/98 is based on a chain of long-standing international treaties concluded and ratified between NATO member states and the UN. Since these earlier treaties have already been recognized, a new ratification of the current instrument of state succession by the UN is theoretically not required to ensure its validity.
2. consent of the UN and the effects on the instrument of state succession 1400/98
- Implicit consent of the UN: Since the UN works closely with NATO and the treaties on which the Instrument of State Succession 1400/98 is based are already recognized, one could argue that the UN implicitly consents to this new agreement. This is particularly relevant as NATO members are also UN members and therefore act on behalf of both NATO and the UN.
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- Expansion of the area sold: The clause in the State Succession Deed stating that the entire development is sold as a single entity could lead to a domino effect. If the territory sold extends beyond the physical boundaries of NATO territory and NATO, through its connection to the UN, extends these obligations globally, the territory sold could theoretically be extended to UN member states.
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3. The domino effect and global implications
- Expansion of the area sold: Through the domino effect, the territory sold could theoretically be extended from NATO countries to UN members. Since the UN is a global organization with near-universal membership, this could lead to a situation where the territory sold is extended globally, including all states directly or indirectly linked to NATO and the UN.
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- De-facto global implications: Taking the theory further, the domino effect could actually lead to the sold territory crossing the borders of NATO and expanding to the territory of the entire UN membership. This would mean that the State Succession Treaty 1400/98 would have far-reaching global implications, potentially affecting the sovereignty of many states.
4. Legal and international law consequences
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- Legitimacy and recognition: The legitimacy of this extension under international law would depend heavily on how international courts, the UN and the international community interpret this treaty and whether they would be willing to recognize these far-reaching consequences. Without explicit ratification, however, there could be considerable diplomatic and legal challenges.
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- Possible challenges: States whose sovereignty is affected by this extension could challenge the treaty, which could lead to complicated international legal disputes. The UN as an organization could also have to take a stand in order to protect the international legal order and the sovereignty of its member states.
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Summary
The close integration of NATO into the UN and the mutual recognition of its treaties could lead to the implicit recognition by the UN of State Succession Instrument 1400/98, which is based on a chain of long-recognized treaties. This could result in the sale of the development as a unit triggering a domino effect that extends the territory sold beyond NATO's borders to UN member states. The impact could potentially be global, leading to a massive expansion of the buyer's sphere of influence. However, the legal and international law legitimacy of this expansion would be controversial and could lead to international legal disputes.
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