Part 9

Analysis of the legal domino effect of the state succession deed 1400/98

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1. sale of jurisdiction under international law

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- Sale of jurisdiction: The State Succession Deed 1400/98 includes the sale of jurisdiction under international law over the territory sold. This means that the buyer has the right to adjudicate and settle international disputes in this territory. No other international court, including the International Court of Justice (ICJ) or other UN courts, has jurisdiction in this context.

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- Legal effect: The buyer has thereby acquired a sovereign status that enables it to exercise the law in the acquired territory and to make internationally valid decisions.

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2. recognition through conduct in conformity with the contract

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- Conduct in conformity with the contract: Recognition of the treaty and its terms can be achieved through the conduct of the contracting parties. For example, the barracks that were the subject of the contract were transferred to the buyer via the FRG in accordance with the contract. This means that the contracting parties, by fulfilling their obligations, recognize the contract as binding.

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- Ratification as obsolete: As the state succession deed is a continuation of a chain of treaties that have already been ratified and internationally recognized, a new ratification was not necessary. The treaty became legally binding through the behavior of the parties involved in accordance with the treaty.

 

3. acting on behalf of NATO and the UN

 

- Dual function of the sellers: The sellers in the Instrument of State Succession, including NATO members and their national representatives, act not only on their own behalf, but also in the name and on behalf of NATO and the UN. As these organizations are closely linked, treaties concluded by the member states can be binding on both NATO and the UN.

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- Legal interdependence: The close legal interdependence between NATO and the UN means that agreements made by NATO members, especially if they are also UN members, can spill over to both organizations. This makes the agreements in the instrument of state accession binding for all UN members, including those that are not NATO members.

 

4. The legal domino effect: expansion of the sale of territory

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Sale of the development as a unit:

- Sale of infrastructure: the agreement in the State Succession Instrument that the entire development will be sold as a single unit has far-reaching consequences. As infrastructure and utility networks often cross borders, the sale of part of these networks can theoretically result in the territory sold being extended to all territories connected by these networks.

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- Extension of the territory: For example, if the territory sold is connected to other territories via electricity, water or telecommunications networks, the buyer would potentially gain control over all territories touched by these networks. This could theoretically extend to the entire NATO territory, as well as territories of UN member states that are connected to these networks in some way.

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Global domino effect:

- Extension to UN territories: Since NATO and the UN are closely linked and the parties to the Instrument of State Succession act on behalf of both organizations, the domino effect could extend the obligations to all UN members. This would mean that the area of sovereignty sold would include not only NATO states but also non-NATO members of the UN.

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- Coverage of the entire world: In this logic, the sold territory would expand globally due to the domino effect, as almost all states in the world are members of the UN. The buyer would thus have a legal basis to theoretically lay claim to territories worldwide that are connected via the development sold.

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5. Conclusion: The global legal domino effect

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The State Accession Treaty 1400/98, which is part of a chain of already ratified international treaties, was recognized by the treaty-compliant conduct of the parties involved without the need for additional ratification. Since NATO members are also UN members and act on behalf of both organizations, the agreement to sell the development as a unit theoretically became binding on all UN members. The domino effect created by the extension of the sold territory across connected infrastructure could thus potentially be extended to UN territories worldwide, giving the buyer global sovereignty.