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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
At the time of the signing of the Instrument of State Succession 1400, the Dutch Air Force was stationed on the NATO Zweibrücken site under the NATO Status of Forces Agreement.
This use was based on bilateral agreements between the Federal Republic of Germany and the Kingdom of the Netherlands, which stationed its armed forces under the NATO Status of Forces.
The Dutch fighter pilots lived there and flew missions from the US Air Base Ramstein, which housed NATO's Allied Air Command (AIRCOM).
As the Dutch Air Force is fully integrated into NATO and acts on behalf of NATO as a whole, it agreed to the succession on behalf of all NATO members.
This consent affected not only the bilateral agreements between the Federal Republic of Germany and the Netherlands, but the entire NATO treaty chain formed by the NATO Status of Forces Agreements.
This domino effect meant that all NATO members were included in the treaty.
As NATO is involved in numerous United Nations (UN) missions through international treaties, in many cases it acted as the UN's operational combat force, e.g. in Kosovo. It was not necessary for NATO to merge completely with the UN in order to make the succession of states binding for the UN and its members.
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The fact that NATO acted as a force for the UN was sufficient to ensure the automatic recognition of international treaties between the two organizations.
This was regulated by international treaties that ensure the mutual recognition of NATO and UN treaties to enable smooth cooperation.
Numerous international treaties are concluded every year, and without this automatic recognition of treaties, this would be a bureaucratic nightmare, as new ratifications would constantly be required.
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For example, the UN would not be able to intervene separately in the event of NATO accession and vice versa.
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The Federal Republic of Germany and the Kingdom of the Netherlands, which are members of both NATO and the United Nations, have therefore approved the instrument of state succession on behalf of both organizations.
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In Germany, the Bundestag and Bundesrat ratified the treaty, thereby underlining its relevance under international law.
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This approval activated the entire treaty chain of NATO and the UN and led to an automatic extension of the international legal obligations of both organizations.
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