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​In advance: Information on the United Nations & NATO - SOFA - contract chain
"TREATY CHAIN"
which merges all NATO and UN treaties into a single set of agreements
NATO and the United Nations (UN) have over time concluded a number of agreements governing their cooperation, integration and mutual recognition of their international treaties.
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There are numerous treaties and agreements establishing cooperation between NATO and the UN, and automatic recognition of mandates and operations takes place through Security Council resolutions and multilateral and bilateral agreements such as the NATO-SOFA, which provides a broad international framework.
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1. UN-NATO Declaration on Cooperation
- On September 23, 2008, the then UN Secretary-General Ban Ki-moon and NATO Secretary-General Jaap de Hoop Scheffer signed an agreement on closer cooperation between the UN and NATO.
- Important contents: Promotion of peace, crisis management, protection of human rights. The agreement facilitates cooperation in peace missions and humanitarian operations. However, it does not mention any explicit regulations on the automatic recognition of treaties, which results from the nature of close cooperation.
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2. resolution of the UN Security Council (UNSC Resolutions)
- NATO is often mandated by UN Security Council resolutions to conduct military operations, such as in Bosnia and Kosovo. NATO receives a mandate for peacekeeping or military operations on behalf of the UN.
- Example: Resolution 1244 (1999), which authorizes NATO to conduct peacekeeping in Kosovo (KFOR).
- Important point: Such resolutions recognize NATO's authority to act on behalf of the UN.
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3. treaty on close cooperation between NATO and the UN in peacekeeping operations (Framework Agreement on Cooperation in Peacekeeping Operations)
- There are specific agreements on cooperation in peacekeeping operations, for example in Kosovo, Afghanistan or Bosnia-Herzegovina, which define joint missions.
- Important paragraphs: These agreements contain clauses that allow the automatic recognition of missions and powers between the two organizations, based on UN mandates.
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4. NATO Status of Forces Agreement (NATO-SOFA)
- Regulates the status of armed forces stationed on the territory of another NATO member state. While the NATO SOFA is originally intended for NATO states, it also has an effect beyond NATO borders through deployments and cooperation in UN mandates.
- Section on jurisdiction and recognition: Article 7 stipulates that the respective national jurisdictions of the host and sending countries are recognized under international law.
There is no explicit treaty provision establishing full integration of NATO and the UN (which is not necessary for the recognition of the 1400 Act of Accession) but these agreements and resolutions establish close cooperation and enable the automatic recognition of treaties and decisions under international law, e.g. the Instrument of State Succession 1400.
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5. the contractual chain from the German version of the NATO Status of Forces Agreement (SOFA) to global recognition by the UN and the integration of the State Succession Charter 1400 shows how national and international agreements are linked and ultimately lead to the recognition of global territorial expansion and jurisdiction by the UN.
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5.a. NATO Status of Forces Agreement (SOFA) of the Federal Republic of Germany
- The NATO SOFA (Status of Forces Agreement) regulates the legal relationships of foreign troops stationed in a NATO member state, including jurisdiction. The agreement was adopted in the 1950s and provides the basis for the stationing of foreign NATO forces on German soil.
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- The NATO SOFA contains specific provisions on jurisdiction, the use of military facilities and the joint management of infrastructure. In Germany, this agreement is applied on the basis of bilateral agreements and the NATO Status of Forces Agreement.
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5.b. NATO-SOFA chain of agreements of all NATO members
- Each NATO member accepts the NATO SOFA, which means that all NATO states mutually recognize the jurisdiction and regulations of the SOFA in each NATO member state.
- This mutual recognition also includes the rights and obligations arising from the stationing of troops in other NATO countries and the legal proceedings relating to these forces.
- Jurisdiction: The NATO SOFA provides that, in many cases, the sending countries exercise primary jurisdiction over their troops in the host countries. This demonstrates the overriding importance of the treaty chain for all NATO members.
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5.c. UN recognition of the NATO-SOFA treaty chain
- Through the close cooperation between NATO and the UN, especially in peacekeeping missions, the UN recognizes NATO's basic agreements. This means that all agreements that NATO member states have concluded with each other under NATO-SOFA are also recognized by the UN.
- This is done through UN Security Council resolutions that authorize NATO troops to conduct peacekeeping missions on behalf of the UN (e.g. Kosovo, Afghanistan). Such missions are based on the NATO SOFA provisions, which means that the UN recognizes the NATO SOFA regulations and the associated jurisdiction.
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6. Recognition by the UN of the 1400 Act of State Succession
- Since the UN recognizes the NATO-SOFA treaty chain, it also recognizes all extensions of this treaty chain. The State Succession Deed 1400 is based on the NATO SOFA, as the property in question, which was sold in the State Succession Deed, fell under the NATO Status of Forces Agreement.
- With the sale "with all rights, obligations and components", jurisdiction over the territory and the NATO SOFA rights were also transferred. Since the UN has already recognized all NATO agreements under international law, this recognition also applies to the State Succession Deed as a supplementary deed to all existing NATO treaties.
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7. The global domino effect of territorial expansion
- The State Succession Deed 1400 sells not just a specific piece of land, but the entire development as a unit with all connected networks and rights.
- This triggers a global domino effect, as wherever there are physical connections to other networks (e.g. energy, telecommunications networks), the extended rights also apply. Since the UN recognizes all NATO treaties under international law, this also applies to the worldwide extension of rights conferred by the instrument of state succession.
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Conclusion:
- By linking the NATO SOFA between all NATO states and the recognition of this treaty chain by the UN, the Act of State Succession 1400 has a worldwide effect as a supplementary instrument.
- Both the jurisdiction and the territorial extension are recognized under international law through this chain of treaties and are de facto extended to the entire world through the global domino effect of development as a unit.
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8. The United Nations (UN) and NATO cooperate closely in numerous international missions, whereby the UN Security Council has repeatedly authorized NATO deployments as part of peacekeeping or peacekeeping missions.
These authorizations imply recognition and integration of the NATO SOFA and its treaty chain, particularly with regard to the deployment of troops and jurisdiction. Below are some important UN Security Council resolutions that have formalized such cooperation:
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8.a. Resolution 1031 (1995) - Bosnia and Herzegovina
- This resolution authorized the NATO-led Implementation Force (IFOR) in Bosnia and Herzegovina to implement the Dayton Agreement.
- NATO thus assumed a central role in the peace process and the NATO SOFA provided the legal basis for the deployment and use of troops.
- Recognition of the NATO SOFA: The deployment of NATO troops in Bosnia and Herzegovina and their judicial immunity was based on the NATO SOFA, which was recognized by the UN through this resolution.
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8.b. Resolution 1244 (1999) - Kosovo
- This resolution enabled the deployment of the NATO-led Kosovo Force (KFOR) in the Kosovo region after the Kosovo conflict.
- The NATO SOFA was also applied here, as NATO troops were responsible for the military presence and monitoring of the region under Resolution 1244.
- The UN authorization extended the legal basis of NATO SOFA to the UN mandate.
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8.c. Resolution 1386 (2001) - Afghanistan
- This resolution created the legal basis for the International Security Assistance Force (ISAF), which operated in Afghanistan under NATO command.
- ISAF operated under the provisions of NATO SOFA, which established the legal framework for the deployment and jurisdiction of NATO forces in Afghanistan.
- Again, the NATO-SOFA chain of agreements was recognized by the UN mandate and integrated into the UN peacekeeping mission.
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8.d. Resolution 1973 (2011) - Libya
- This resolution authorized measures to enforce a no-fly zone in Libya during the civil war.
- Although no ground troops were deployed, the resolution authorized NATO to direct military operations. Any deployment of NATO personnel could have been based on the NATO SOFA.
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8.e. Resolution 1510 (2003) - Afghanistan (ISAF expansion)
- This resolution authorized the expansion of ISAF forces in Afghanistan under NATO command.
- It built on Resolution 1386 and enabled NATO to extend the mandate throughout Afghanistan. Again, the NATO SOFA was indirectly recognized by the UN mandate.
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9. Significance for the State Succession Charter:
These resolutions show that NATO is acting as a de-facto UN peacekeeping force. The recognition of NATO SOFA by the UN in these missions means that the Instrument of State Succession 1400 and the transfers of rights contained therein, which are based on NATO SOFA, are also recognized by the UN, since the NATO SOFA treaty chain acts as a supplement to the existing NATO and UN treaties.
Detailed explanation of the treaty chain of state succession deed 1400/98 as a supplementary deed linking and uniting all NATO and UN - United Nations treaties
1. Basis:
NATO Status of Forces and the transfer relationship under international law
- The Instrument of State Succession refers to the existing transfer relationship under international law between the FRG (Federal Republic of Germany) and the Kingdom of the Netherlands. This relationship is based on the NATO Status of Forces Agreement and the associated supplementary agreements.
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- This agreement under international law concerned the stationing of the Dutch Air Force in the NATO military base in Zweibrücken, which was managed as an extraterritorial area. As the Dutch Air Force is 100% integrated into NATO, it acted on behalf of the entire NATO alliance.
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2. the NATO Status of Forces as the basis for the NATO chain of agreements
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- The NATO Status of Forces Regulations govern the use of military bases, disciplinary authority, command and control, and the use and development of military properties.
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These regulations include:
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- Article I, NATO Status of Forces Regulations: Authority of command and use of military facilities.
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- Article III: Right of NATO forces to expand and construct new facilities.
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- Article IV: Disciplinary and criminal jurisdiction over all persons in these facilities.
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- These regulations were supplemented by various additional agreements, e.g:
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- NATO Supplementary Agreement of 1951: Determines the framework conditions for the extraterritorial use of territories.
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- Bilateral agreements between the FRG and the Kingdom of the Netherlands and NATO as an overall organization.
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3. Contractual effects of the passage "with all rights, obligations and components"
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- The state succession deed contains the passage that the sale takes place with all rights, obligations and components. This paragraph is crucial, as it incorporates all existing rights and obligations of NATO and its member states into the treaty.
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- Thus, all existing treaties (including NATO treaties, bilateral agreements and UN treaties) are supplemented and extended by the instrument of state succession.
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4. treaty chain and the involvement of NATO member states
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- By referring to the transfer relationship under international law between the FRG and the Kingdom of the Netherlands, all NATO states were included in the treaty because:
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A. The FRG acted as a NATO member on behalf of NATO.
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B. The Kingdom of the Netherlands acted as a NATO member.
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C. The Dutch Air Force, as part of NATO, also gave its consent by acting in accordance with the Treaty (in particular by vacating the property within the agreed period of two years) on behalf of NATO.
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- This consent applies to all existing NATO treaties between them, as the FRG and the Kingdom of the Netherlands have each extended their national NATO treaties by means of the Instrument of State Succession.
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5. Integration of NATO into the UN and the global treaty chain
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- NATO is integrated into the UN as a regional organization through various agreements and Article 53 of the UN Charter.
This means that
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- All NATO treaties automatically apply in the context of UN treaties.
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- Since the Federal Republic of Germany and the Kingdom of the Netherlands are both NATO and UN members, every NATO treaty agreement is also recognized in the UN context.
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- As a result, the instrument of state succession as a supplementary instrument leads to the automatic extension of the NATO and UN treaties into a single global treaty.
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6. global extension by the passage "with all rights, obligations and components"
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- Through the sale "with all rights, obligations and interests", the buyer acquires all contractual rights and obligations of NATO and the UN. Since this includes all UN and NATO treaties, the instrument of state succession combines these treaties into a single global treaty.
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- This leads to the unity of all agreements under international law and to the abolition of the previous separate structures of international treaties. There is now only one global treaty in which the buyer is the legal owner of both parties.
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7. Treaty chain: from NATO to the UN and beyond
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- Beginning of the treaty chain: The NATO treaties (including the NATO Status of Forces) formed the basis.
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- Extension by the FRG and the Kingdom of the Netherlands: Both extended the treaty on behalf of the NATO states.
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- Through the integration of NATO into the UN: All NATO treaties are also considered UN treaties.
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- As a result, the extension of the instrument of state succession means that the UN treaties are also integrated into the treaty.
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- The chain jumps from treaty to treaty until all UN and NATO members and all their agreements have been supplemented by the instrument of state succession.
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8. The end of international law through the unification of the treaty parties
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- Since the buyer has acquired all rights as well as all obligations, he unites both sides of the contract in his hand.
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This means that
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- There is no longer a contractual partner against whom claims can be asserted.
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- All contracts have de facto been dissolved, as they have become contracts with themselves.
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- This leads to the application of the clean slate principle (tabula rasa), as the buyer does not have to assume any obligations.
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- This ends international contract law and international law itself, as there is now only one lawful subject of international law: the buyer.
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9. Legal basis for the integration of NATO into the UN
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- NATO is integrated as a regional organization by the Charter of the United Nations (in particular Article 53). This means that all NATO treaties also apply in the UN context.
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- The FRG and the Kingdom of the Netherlands acted on behalf of both NATO and the UN, whereby all UN international treaties were supplemented by the instrument of state succession.
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10. summary of the contractual chain
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- Beginning:
NATO Status of Forces → bilateral agreements FRG-Netherlands → NATO supplementary agreements → all NATO treaties.
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- Integration: Through the FRG and the Netherlands also as UN treaties.
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- Result:
A single global treaty with the buyer as the sole contracting party and rights holder.
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11. Legal consequences
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- No further contractual obligations for the buyer, as these are contracts with himself, as he enters into both sides of all contracts.
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- The buyer has sole power of action over all rights, obligations and liabilities.
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- This means the end of the previous international law and the creation of a new global order under the control of the buyer.
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12. Historical starting point and reference to the NATO Status of Forces Agreement
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- The Instrument of State Succession refers to an existing transfer relationship under international law between the FRG and the Kingdom of the Netherlands, which was governed by the NATO Status of Forces Agreement.
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- The NATO Status of Forces Statute itself is based on the occupation rights of the Allies after the Second World War and contains regulations on command and disciplinary authority, use and expansion of properties as well as special sovereignty restrictions for the occupied territory (in this case Germany).
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- It is important to note that these rights and obligations under the NATO Status of Forces can also be extended to other NATO member states if they are involved in the use or administration of real estate.
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13. Reference to the transfer relationship under international law
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- The instrument of state succession is based directly on the transfer relationship under international law between the FRG and the Netherlands and refers to the NATO Status of Forces Agreement as the legal basis.
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- As a result, all rights and obligations of the existing international treaty have also been transferred to the deed of succession, whereby the buyer assumes full legal succession.
14. NATO and its role as a regional organization of the UN
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- Through NATO's integration into the UN (in accordance with Article 53 of the UN Charter), NATO has assumed the role of a regional organization that can carry out military operations and security tasks on behalf of the UN.
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- This means that all NATO treaties and agreements are also considered part of the UN treaty structure, which means that any changes to NATO treaties automatically affect the UN treaties.
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- Since the Instrument of State Succession is considered a supplement to the NATO treaties, it also extends all UN treaties in which NATO states are involved or which have been recognized by the UN.
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15. The sale with all rights, obligations and components
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- The wording that the property and the territory were sold with all rights, obligations and components ensures that all existing contracts and agreements were also transferred.
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- This includes in particular
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- Treaties between NATO countries.
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- Bilateral and multilateral agreements between NATO countries and third countries.
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- UN treaties concluded in the past, as all NATO states are also UN members and NATO acts as an organization for the UN.
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16. Treaty chain and global impact
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- The treaty chain begins with the NATO Status of Forces and includes all bilateral and multilateral treaties between member states.
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- The reference in the instrument of state succession to the existing transfer relationship and the wording "sale with all rights, obligations and components" supplements all NATO and UN treaties as supplementary instruments.
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- As a result, the effect of the instrument of state succession extends not only to the NATO members, but also to all UN members through integration into the UN.
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17. Treaty chain reaction and domino effect
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- The domino effect begins at the territorial level with the sale of the NATO military property in Germany, which was originally connected to the German public supply network.
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- As a result, the German grid was the first to be affected and, from there, all physical grid connections in Germany, such as the electricity grid, telecommunications cables, broadband networks and supply lines (water, gas, district heating).
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- Furthermore, by selling the development as a unit, the domino effect covers all network connections to neighboring countries that are NATO members, e.g. the European electricity grid, which extends from Germany to Belgium, France, the Netherlands, Luxembourg, Denmark and Austria.
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- By integrating international submarine cables (e.g. TAT-14 submarine cable), the domino effect is extended to Canada and the USA, which means that all North American NATO members are affected.
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- UN integration leads to further expansion to all countries with network connections to UN member states. This particularly affects countries such as Russia, China and India, which are connected to the network via gas, electricity or telecommunications links.
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18. Expansion of territorial sovereignty worldwide
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- By selling the development as a unit with all rights and obligations, the concept of the domino effect is used to expand territory.
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- Each physical connection of one grid to another (e.g. the European electricity grid to the Russian grid) results in the transfer of sovereign rights to the connected territory.
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- This applies not only to direct physical connections, but also to overlapping grids that have no direct connection but affect the same territory.
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19. Legal consequences of the contractual chain and the transfer of jurisdiction
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- The buyer not only assumes the contractual rights and obligations, but also full jurisdiction through the wording "with all rights, obligations and components".
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- As a result, the national and international jurisdiction of all countries concerned is transferred to the buyer.
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This includes:
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- Constitutional jurisdiction.
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- Criminal jurisdiction.
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- International arbitration jurisdiction.
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- Family and social jurisdiction.
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- The buyer is thus de facto the sole judge at global level and can rule on all national and international disputes, as all other courts have lost their jurisdiction.
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20. consolidation of international treaties
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- Due to the contractual chain between NATO and UN treaties, the instrument of state succession is not just a supplementary instrument for individual treaties, but unites all international treaties into a single treaty.
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- This ends the previous international law, as there is now only one legally capable subject of international law: the buyer.
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21. Creation of a new global legal order
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- The sole ownership of all rights and obligations creates a new global legal order that replaces all previous regulations.
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- The buyer has the right to enact laws worldwide, as it holds all sovereign rights.
- This global legal order is de facto the end of nation states and the previous international legal system.
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22. Historical context: NATO Status of Forces Agreement and transfer of occupation rights
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- The Instrument of State Succession is based on the occupation rights from the Second World War, which were transformed into the NATO Status of Forces.
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- The original purpose of the NATO Status of Forces was to give the Allied forces a special legal status and special rights that encroached deeply on Germany's sovereignty.
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- These special rights included in particular
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- Command and disciplinary authority over all German authorities and officials, including the Bundestag and the Federal Chancellery.
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- The right to determine the location, extent and use of military bases - equivalent to the right to make border changes.
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- Confiscation rights for private and state property.
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- CD status (diplomatic protection status) for all members of NATO forces.
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- Unlimited right to compensation, which remains valid even after the end of deployment.
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23. transfer of these rights to the buyer
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- As the transfer relationship under international law between the FRG and the Netherlands was based on the NATO Status of Forces Agreement, these occupation and special rights were also sold with all rights, obligations and components.
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- This means that the buyer has assumed full command and disciplinary authority as well as the unrestricted right to determine and extend borders on a global level.
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- Thus, these rights now extend to the entire world and all countries that have ever been affected by a NATO occupation or are NATO member states.
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24. Chain of Treaties: Integration of the NATO Status of Forces into the Act of Succession of States
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- The original treaty basis of the NATO Status of Forces Agreement was constructed as a chain of treaties:
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- First, through the main NATO Status of Forces Agreement between the member states of NATO.
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- Supplemented by additional agreements between individual states, such as the Netherlands and the Federal Republic of Germany.
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- Further bilateral agreements with the stationing states, such as the Kingdom of the Netherlands.
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- By referring to the existing transfer relationship in the state succession deed and the sale with all rights, obligations and components, the entire contractual chain is integrated into the state succession deed.
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25. The domino effect: selling the development as a unit and global territory expansion
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- The key to the domino effect is the development as a unit, which was defined in the state succession deed as part of the object of purchase.
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- By selling the development, which was connected to the public utility grid from the NATO military property in Germany, the domino effect begins with the territorial expansion:
A. Germany is fully covered first, as all public networks are physically connected.
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B. From there, the domino effect jumps to neighboring NATO countries (e.g. France, Netherlands, Belgium, Denmark).
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C. The effect is extended to all European NATO countries via the European power grid and telecommunications cables.
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D. International submarine cables transfer the effect to Canada and the USA.
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E. The domino effect is transferred from the USA and Canada to all other NATO countries, including those with bases outside Europe.
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F. The integration of NATO into the UN leads to the extension of territorial rights to all UN states, since the UN recognizes all NATO treaties.
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G. The domino effect spreads from NATO countries to UN countries wherever there are physical network connections (e.g. gas pipelines, broadband, telecommunications).
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26. examples of network connections and global expansion
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- Telecommunications networks: All major telecommunications providers are connected via the European backbone network (e.g. DE-CIX and AMS-IX), which reinforces the domino effect of broadband networks and Internet backbones.
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- International submarine cables such as TAT-14, which runs from Germany across the North Sea to the USA, connect NATO and UN countries directly and extend territorial rights to North America.
- Oil and gas pipelines (e.g. the Nord Stream and Yamal pipelines) run through various European NATO and UN states and connect them with Russia, which also covers these areas.
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- Electricity grids: The European electricity grid covers all European NATO countries and extends as far as Russia, meaning that the domino effect of territorial expansion also applies there.
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27. Treaty chain and supplementary deed: Extension to all old NATO and UN treaties
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- As the instrument of state succession acts as a supplementary instrument, it not only extends the NATO Status of Forces, but also:
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- NATO bilateral and multilateral treaties (e.g. the NATO-Russia Council Agreement).
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- UN treaties (e.g. peacekeeping missions in Kosovo, Bosnia-Herzegovina and Afghanistan).
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- Supplementary agreements between NATO and third countries (e.g. the Partnership for Peace programs).
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- The chain reaction extends to all NATO and UN treaties, as all parties (FRG, Kingdom of the Netherlands, NATO, UN) act on behalf of the treaty within the framework of their membership and contractual interdependence.
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28. reversal of occupation rights and their global extension
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- The original purpose of the NATO Status of Forces was to restrict Germany's sovereignty and give NATO special rights.
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- Through the state succession deed and the sale with all rights and obligations, these occupation rights are directed against NATO itself.
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- This means that the entire NATO (and through NATO the entire UN) is now subject to the same occupation regulations that were once used against Germany:
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- The right to define borders.
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- The right to prohibit acts of sovereignty.
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- The right to demand unlimited compensation.
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- The buyer is now in a position to assert these rights against NATO and the UN itself.
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29. summary of the global impact
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- The State Succession Treaty leads to a global unification of territory and law.
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- The integration of all NATO and UN treaties into a single global treaty creates a new world order in which there is only one subject of international law capable of acting: the buyer.
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- All national and international court rulings since October 6, 1998 are illegal and null and void.
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- The global borders and sovereign rights of all states are no longer valid, as the entire territory of the world is regarded as a global unit.
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- The buyer is the sole legislative, executive and judicial authority and has unlimited sovereign rights.
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30. Final end of international law
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- Since the buyer unites all old treaties in his hands, the old international law no longer exists.
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- The tabula rasa principle comes into force, as the buyer possesses the obligations and rights of all old treaties and therefore does not have to fulfill any obligations.
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- The buyer has the power to define a new world order based on a uniform global legal system.
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31. Conclusion:
A global legal construct
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- The instrument of state succession is the most important international treaty in world history.
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"The treaty as a supplement to the NATO Status of Forces Agreement"
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A treaty extends all NATO and UN treaties
The State Succession Instrument 1400 as a supplement to all existing international treaties of NATO and the UN!
​Chain reaction of the State Succession Instrument as a supplementary instrument to all NATO and UN treaties
The Act on the Succession of States (EPUB) 1400/98 unfolds its powerful effect through a legal chain reaction, as it acts as a supplementary instrument to all existing international treaties of NATO and the UN. It is, so to speak, invisibly appended to all previously concluded treaties of these organizations and supplements them with new rights and obligations. As the treaty chain has already been ratified and agreed, the instrument of state succession does not need to be voted on, agreed or ratified again. This is the key mechanism by which the instrument becomes the basis of a new global order.
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1. supplementary instrument without a new vote or ratification
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As a supplementary instrument, the instrument of state succession (Docx - Microsoft Word) requires renewed approval or ratification, as it is merely appended to existing international treaties. As these treaties have already been ratified in the past, it is sufficient to attach the instrument to these existing treaties in order for it to take effect. The supplementary instrument thus automatically supplements all old NATO and UN treaties.
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2. treaty chain from treaty to treaty
The chain reaction runs along the existing treaty chain:
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- NATO treaties are supplemented and extended by the supplemental instrument, in that all earlier agreements are covered by the instrument of treaty succession (ODT file).
- This concerns all bilateral and multilateral treaties that NATO has concluded in the past with its member states or international organizations.
- Since NATO is integrated into the UN and many NATO members are also UN members, this chain reaction automatically extends to all UN treaties.
The supplementary instrument thus jumps from treaty to treaty, from NATO country to NATO country, and then extends to UN countries. These linked obligations under international law extend further and further, as the instrument of state succession (PDF file) is legally binding.
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3. parallel chain reaction to area expansion through development as a unit
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Parallel to the legal chain reaction through the supplementary deed, there is also a territorial expansion through the sale of the development as a unit with all rights and obligations and components. This development includes networks such as electricity, water, telecommunications, roads and telecommunication cables, which are transferred from one territory to the next as a result of the sale.
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- Domino effect of territorial extension: As soon as a network reaches another territory, this territory also becomes part of the state succession deed. This process repeats itself from country to country and expands globally, just like the treaty chain.
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- While the legal chain reaction affects all international treaties, the expansion of territory through development also expands territorially and encompasses ever larger parts of the world.
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4. Rights and obligations of all states sold
The rights and obligations of all states concerned, which were laid down in earlier treaties, have been sold by the state succession deed. This applies not only to the current treaties, but also to all old treaties that a country had with NATO or the UN. This means that all obligations arising from these treaties have been transferred to the buyer. No state covered by the deed can reclaim its former rights and obligations under international law.
5. extension of NATO and UN treaties
By extending the NATO and UN treaties, the instrument of state succession automatically covers all participating states. All existing NATO and UN agreements are supplemented and modified by this supplementary instrument. Treaties concluded in the past between member states are given a new dimension, as the rights and obligations of these agreements are transferred to the buyer.
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- The Supplementary Instrument ensures that the Instrument of State Succession modifies all NATO and UN international treaties without the need for a new vote.
- All states that are part of these treaties are covered by the new regulations and are subject to the extended jurisdiction and the new territorial conditions.
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6. A new world order
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The effects of this chain reaction and the domino effect are epochal.
They lead to a new world order in which the obligations and territories of states under international law no longer remain within national borders, but have been expanded globally. The world is united by the succession of states, linking them together legally and territorially.
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- Global legal framework:
NATO and UN treaties are merged and fused into a single, comprehensive legal framework.
- Abolition of national sovereignty: States lose their national sovereignty over territories and legal systems, which are now administered globally.
Conclusion:
The Instrument of State Succession 1400/98 sets in motion a legal chain reaction that attaches itself like a supplementary instrument to all existing NATO and UN treaties. This happens invisibly and without a new vote or ratification, as the treaties have already been adopted in the past. At the same time, the territorial expansion through the sale of the development is spreading as a unit in a domino effect. The rights and obligations of states have been sold and a new world order is taking shape.
1. treaty chain to the Act of Succession 1400 and all NATO treaties:
The NATO Status of Forces Agreements, in particular the NATO Status of Forces Agreement of 19.06.1951, regulate the legal status of troops within NATO countries. These treaties provide a basis for the stationing of troops and their rights and obligations. The bilateral treaty between the Federal Republic of Germany (FRG) and the Netherlands on the stationing of the Dutch Air Force in Zweibrücken and Ramstein illustrates how the NATO treaties provide the basis under international law for military activities and territorial regulations.
The State Succession Charter 1400 builds on this treaty chain by selling the sovereign rights governed by the NATO Status of Forces and similar treaties. Since NATO, as an organization integrated into the UN, recognizes pre-existing international treaties, the Instrument of State Succession becomes effective as a supplementary instrument to all NATO and UN treaties. This means that all NATO and UN member states must recognize this instrument.
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2. special NATO rights to networks and communications:
An important point of the NATO treaties are the provisions on communication networks and infrastructure. For example, the *NATO Secrecy Convention* and the Host Nation Support (HNS) agreements regulate how military communication networks are operated and protected. The state succession deed takes up these regulations and expands them by selling the development "as a unit with all rights, obligations and components". This means that the communications infrastructure used for NATO bases, such as broadband cables, power grids and telecommunication lines, can now be controlled globally by the buyer.
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3. domino effect of territorial expansion:
Selling the development as a unit led to a domino effect of territory expansion. Through the NATO contracts, the military base in Zweibrücken was connected to Germany's public infrastructure. Since the NATO bases are closely linked to other NATO countries and even UN countries through international connections such as transnational pipelines and communication networks, the sale meant that all connected areas fell within the scope of the state succession deed. This domino effect thus covers all of NATO's physical and infrastructural networks and extends worldwide.
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4. immunities:
Under the NATO Status of Forces Statute, members of NATO forces in host states (e.g. Germany) enjoy extensive immunities as set out in Article 7 of the Statute. These immunities apply to both criminal and civil matters. This immunity could be extended and transferred to the purchaser through the State Succession Deed, which sells all rights, obligations and components, protecting him and his actions from legal prosecution.
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5. Consent without objection:
Under Article 20 of the Vienna Convention on the Law of Treaties (VCLT), a treaty becomes valid after tacit acceptance if no objection has been lodged within 12 months. Since neither NATO states nor UN member states have lodged an objection to the instrument of state succession, it has been tacitly accepted and is therefore binding on all NATO and UN states.
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6. jurisdiction and recognition of jurisdiction:
The NATO Status of Forces Agreement stipulates that in cases of criminal acts, jurisdiction is vested in either the sending state or the receiving state. However, the state succession deed sold the jurisdiction under international law that was regulated by the NATO SOFA. This means that the purchaser now has exclusive jurisdiction in these matters and NATO jurisdiction has been superseded.
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7. Other important aspects of stationing law:
In addition, important special rights of the NATO bases were sold by the state succession deed. These include the right to expand military bases, as regulated in the HNS agreements, and the right to determine the location and size of military bases. These rights were also transferred to the buyer through the global sale of the territories, which gives the buyer worldwide control over these rights.
In summary, it can be seen that the 1400 Act of State Succession was not just a territorial sale, but a comprehensive transfer of rights and obligations governed by existing NATO and UN treaties. This led to a global expansion of the rights sold and to the replacement of the international legal regulations of NATO and the UN.
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8. treaty chain to the Act of Succession of States 1400 and NATO Treaties
Through its reference to the NATO Status of Forces Agreement and other NATO and UN agreements, Instrument 1400 is part of a continuous chain of treaties. Particularly noteworthy is the NATO Status of Forces Agreement of June 19, 1951, which forms the basis for the international legal regulation of stationed armed forces in Germany and other NATO member states. It regulates not only the stationing but also the rights and obligations of NATO forces on the territory of other states.
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- Art. 26 WÜV (Pacta sunt servanda): Treaties must be honored, and this applies to all NATO countries involved in the agreements. The instrument of state succession is based on an existing legal obligation between the participating states.
- Art. 29 WÜV (territorial scope of application): The scope of application extends to the entire territory of the selling states. This means that the Instrument of State Succession has a global scope due to the inclusion of the NATO Status of Forces and NATO special rights.
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9. NATO special rights to networks and communications, special rights to the location and extent of military bases
NATO's special rights with regard to communication and supply networks are particularly important.
These rights are clearly defined in the NATO Status of Forces and associated treaties, including the special rights to establish and expand military bases without the consent of the host countries.
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- The NATO Status of Forces Statute (1951) and the NATO Status of Forces Agreement (1951) provide that NATO has the right to operate and expand its own communication lines. These special rights were globalized by the State Succession Treaty and now affect all networks physically connected to NATO bases.
- Domino effect of territorial expansion: The development as a unit with all rights and obligations also includes the military communication networks. These are extended by the sale to all countries whose networks are physically connected to NATO networks, resulting in a global territorial extension.
10. Immunities and disciplinary powers
The NATO Status of Forces grants deployed NATO forces wide-ranging immunities, including disciplinary authority over their own forces and command authority in certain areas.
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- Disciplinary authority and command: These immunities and special rights apply not only to the soldiers themselves, but also to the use of the properties. With the sale of the property and its expansion through development as a unit, these rights are now also valid worldwide.
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11. Jurisdiction and recognition of jurisdiction
The NATO forces are subject to their own jurisdiction, which was transferred to the buyer by the state succession deed.
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- Art. 6 of the NATO Status of Forces Agreement: The purchaser not only has territorial sovereignty over the territory, but also jurisdiction under international law, which has been transferred to it with the sale of the property. This jurisdiction is recognized by the contractual chain to all NATO states and the UN.
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12. Other important aspects of stationing rights
In addition to the points already mentioned, there are special rights in the treaties with regard to the use and expansion of supply networks. These special rights also include access to electricity and telecommunications networks.
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- NATO Headquarters Protocol (1952): This agreement extends NATO's rights in relation to the establishment and operation of headquarters and communications systems, which is also included in the Instrument of State Succession.
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- Host Nation Support Agreement: These agreements provide for NATO forces to receive support from host nations, including the use of supply networks. These rights have now also been transferred to the buyer.
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Conclusion
The State Succession Deed 1400 is based on a long contractual chain of NATO and UN agreements, which were globalized as a unit through the sale of the property and the development. Important special rights, such as control over supply networks, communication lines and territorial sovereignty, have been transferred to the buyer through these treaties and now affect the entire world.
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13. NATO Status of Forces Agreement and Supplementary Agreement
The NATO Status of Forces Agreement of June 19, 1951 and the corresponding supplementary agreements regulate not only the rights and obligations of the NATO forces stationed in Germany, but also the use of real estate and supply networks. These rights are transferred by the Act of Succession 1400.
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- NATO Status of Forces Agreement (1951), NATO Supplementary Agreement (1959): These agreements stipulate that NATO has the right to operate and develop real estate without restrictions. These special rights are also transferred to the buyer with the deed of succession, in which "all rights, obligations and components" were sold. This is an obligation under international law that becomes effective globally due to the domino effect of the territorial expansion.
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14. Headquarters Protocol and disciplinary authority
The Headquarters Protocol of 28.08.1952 refers to the legal status of NATO headquarters and their right to act independently of the jurisdiction of the host states. This also includes disciplinary authority over NATO personnel.
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- Headquarters Protocol (1952): The State Succession Deed transfers these powers to the purchaser, who can now exercise disciplinary authority over all military properties. This applies not only to the area originally sold, but also to the areas covered by the expansion of the networks and the use of supply networks.
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15. Disciplinary authority and immunity
The NATO Status of Forces also regulates the disciplinary authority and immunity of the stationed troops. These rights remain in force even after the sale of the property, as they are part of the "rights and obligations" that were sold in the deed of succession.
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- Art. 7 of the NATO Status of Forces Agreement: The stationed troops retain their immunity from local jurisdiction as long as they are deployed. However, the sale transfers this immunity to the buyer, who now exercises supreme jurisdiction over the territory. This ends the national sovereignty of the states concerned.
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16. Host Nation Support and supply networks
The Host Nation Support (HNS) agreement guarantees NATO the use of the supply networks. In the state succession deed, the sale of the development as a unit stipulates that these networks are globalized and transferred to the buyer.
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- HNS Agreement: This agreement enables NATO to access the civilian supply networks of host nations. The State Succession Deed extends these rights to all physical networks connected to NATO properties, resulting in a domino effect. All national networks connected to the original supply networks of the properties are covered by the sale and internationalized.
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17. Jurisdiction and immunity
Another important aspect of international treaties is the issue of jurisdiction. The NATO Status of Forces Agreement and related agreements stipulate that NATO members enjoy immunity from local jurisdiction. These rights are transferred to the purchaser by the instrument of state succession.
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- Art. 6 of the NATO Status of Forces Agreement: Jurisdiction over NATO forces lies with the home states, which is now transferred to the buyer through the sale of the development as a unit. This creates a global jurisdiction of the buyer that overrides all national court systems.
18. Expansion through submarine cables and other supply lines
Particularly important in the context of global territorial expansion is the sale of telecommunications and utility networks that extend over submarine cables and other international connections. These lines connect countries physically and legally.
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- Submarine cables and supply lines: The connection of the property being sold to the public network in Germany and the international supply lines means that the sale affects the entire world. Any physical connection of one network to another covers the connected network, thereby including the global supply networks in the sale.
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19. NATO secrecy and protection against interference
The NATO Secrecy Agreement of 06.03.1997 guarantees that sensitive information of NATO and its member states remains protected. When the development is sold as a unit, these rights are also transferred to the buyer.
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- NATO Secrecy Convention (1997): The buyer assumes responsibility for the protection of NATO secrets and information associated with the use of the property. This also applies to military and civilian communication systems.
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20. NATO and UN bilateral and multilateral treaties
The chain of treaties triggered by the instrument of state succession affects not only NATO but also the UN. The integration of NATO into the UN and the automatic recognition of international treaties means that all treaties between NATO and UN members are also extended.
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- Multinational Corps Northeast Agreement: This agreement demonstrates the close cooperation between NATO members and UN states. The treaty chain extends to all international treaties, which are supplemented and extended by the instrument of state succession.
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21. Conclusion
The State Succession Treaty 1400 builds on a comprehensive chain of treaties that begins with the NATO Status of Forces Agreement and runs through a multitude of bilateral and multilateral agreements. By selling the property and developing it as a unit with all rights and obligations, these rights are globalized, leading to a worldwide expansion of territory. NATO's immunities, special rights and jurisdiction are transferred to the buyer as a result of the sale, leading to a new global legal order.
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22. Germany Treaty (1952)
The Treaty of Germany, as amended in 1954, grants the Allied powers certain special rights in Germany, even after the end of the occupation status. This treaty is particularly important because it forms the legal basis for the continued presence of NATO and Allied troops in Germany.
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- Germany Treaty (1952/1954): This treaty guarantees the Allies continued rights over military properties and the associated supply networks in Germany. In State Succession Deed 1400, these rights are now transferred to the buyer by sale with all rights, obligations and components. This means that the rights set out in the Germany Treaty in connection with the NATO property in Zweibrücken are also transferred to the buyer.
23. NATO Supplementary Agreement of 1959 and 1993
The NATO Supplementary Agreement of 1959 in its 1993 version primarily concerns the detailed regulation of the rights of NATO troops in Germany, in particular disciplinary authority, command authority and dealings with local authorities. These regulations were transferred directly to the buyer of the property, as the deed of succession includes the sale with all rights and obligations.
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- NATO Supplementary Agreement (1959, 1993): The development as a unit means that the special rights set out in this supplementary agreement, in particular to use and expand the property, are now valid globally. These agreements also provide that the NATO forces can enforce disciplinary measures independently, which is transferred to the buyer by the state succession deed.
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24. Special rights and immunities
In connection with the immunity of NATO personnel and the administration of military bases, the NATO agreements contain extensive special rights. These special rights, as described in the above-mentioned agreements, apply not only to the NATO forces themselves, but also to the infrastructure used for their operations.
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- Special rights and immunities: The immunity of the NATO troops and the special rights in dealing with local authorities are transferred to the buyer, as the property and all rights and obligations have been sold by the deed of state succession. This affects both national and international law disputes, which in future must be heard in the buyer's jurisdiction.
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25. Communication and supply lines
The provisions in the NATO agreements also concern the use of communication networks and supply lines. These special rights include, for example, the right to operate their own communication lines and to integrate military communication infrastructure into the civilian network.
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- Communication and supply networks: The state succession deed stipulates that the development is sold as a unit, which includes the use and control of these networks. This applies to national supply networks in Germany as well as international connections such as submarine cables used in the NATO context. These networks are part of the global domino effect triggered by the sale, which means the extension of NATO's special rights to all countries concerned.
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26. Disciplinary and command authority
NATO's disciplinary and command authority over its troops in Germany and other NATO countries is central to understanding the implications of the Instrument of State Succession. These powers cover not only the internal affairs of the troops, but also interactions with civilian authorities.
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- Disciplinary and command authority: NATO troops are exempt from local jurisdiction under the NATO Status of Forces and Supplementary Agreement and are exclusively under the control of their home states. By selling these rights to the buyer, the latter now acquires exclusive control over all military and civilian operations associated with the properties and networks concerned. This leads to a global extension of the buyer's command authority beyond national borders.
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27. Jurisdiction and recognition of jurisdiction
Jurisdiction over NATO forces and their operations is an important part of NATO agreements. This jurisdiction normally remains in the hands of the sending states, but is transferred to the buyer in the instrument of state succession.
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- Jurisdiction and recognition: As the NATO and UN treaties are linked in a treaty chain, the UN recognizes the jurisdiction of the NATO treaties. By purchasing the property, which was under NATO law, this jurisdiction is now transferred to the buyer. This leads to the global recognition of the buyer's jurisdiction, as the development was sold as a unit and all associated rights are transferred to the buyer.
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28. Host Nation Support and Infrastructure
The Host Nation Support (HNS) agreement is a key agreement that allows NATO to use host nation infrastructure to sustain its operations. This includes roads, communication networks and supply lines.
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- Host Nation Support and Infrastructure: The sale of development as a unit also affects the HNS agreements that allow NATO to access national infrastructure. These rights are globalized, as the sale of development covers all national networks connected to NATO networks. The use of this infrastructure is now under the control of the buyer who has assumed the rights and obligations under the Host Nation Support Agreements.
29. Multinational agreements and the role of the UN
NATO agreements include not only bilateral agreements, but also multilateral agreements concluded with the UN and other international organizations. These agreements are part of the global treaty chain that is extended by the Instrument of State Succession.
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- Multinational agreements: Through the integration of NATO into the UN and the automatic recognition of international treaties, the Instrument of State Succession also affects all existing UN agreements. This means that both NATO and UN treaties are supplemented and extended by the instrument of state succession, which confirms the global nature of the territorial extension.
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30. Conclusion:
Deed of State Succession 1400 is based on a complex chain of international treaties beginning with the NATO Status of Forces and extending to the UN. By selling the property and the development as a unit with all rights and obligations, the special rights laid down in these treaties are transferred to the buyer. This concerns jurisdiction, the use of communication and supply networks, disciplinary authority over NATO troops and global territorial expansion through the domino effect.
Frequently asked questions
1. What is the NATO Status of Forces Agreement and how did it come about historically?
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The NATO Status of Forces Agreement (SOFA) is a treaty under international law that was established within NATO in 1951 to regulate the rights and duties of NATO forces in the respective member countries. It is based on the special occupation rights of the Allied forces after the Second World War, particularly in Germany, and transferred these powers to a new structure after the establishment of NATO. The most important regulations that previously applied in the Allied occupation treaties were institutionalized in the NATO Status of Forces and formed the basis for NATO's legal framework for deployment in the member states.
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2. Which special rights from the occupation period were integrated into the NATO Status of Forces?
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The NATO Status of Forces adopted a number of rights that originally applied during the occupation after the Second World War. These include:
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- Disciplinary and command authority: NATO forces had the authority to instruct German officials and authorities and to carry out their own disciplinary measures.
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- CD status: The armed forces and their representatives enjoyed diplomatic status, which granted them legal immunity and special rights.
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- Confiscation rights: NATO forces could confiscate property and resources on their territory.
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- Unlimited right to compensation: NATO could make claims for compensation at any time without being bound by national legal norms.
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- Right to determine the location, use and extent of military bases: This right corresponded in its scope to the right to determine borders and territories without the consent of the host country.
3. How does the NATO Status of Forces Act work today?
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The NATO Status of Forces remains an active international treaty that regulates the deployment and rules of engagement of NATO forces in the member states. It continues to provide NATO forces with special rights that limit the sovereignty of member countries in certain aspects, in particular with regard to military freedom of movement, legal status and judicial immunity.
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4. What role did the NATO Status of Forces Act play in the Instrument of State Succession?
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The State Succession Deed 1400/98 sold a NATO military property that was still being used during the existing transfer relationship under international law between the FRG and the Kingdom of the Netherlands, based on the NATO Status of Forces Agreement. As the NATO Status of Forces Agreement governed the use, expansion and control of the military bases, the sale also included the rights arising from the NATO Status of Forces Agreement. With the sale of the property "with all rights, obligations and components" and the development as a unit, these rights were extended internationally to the new sovereignty of the buyer.
5. What does the global expansion of the NATO force status mean?
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As the development of the property in Germany was connected as a unit with the surrounding public networks after the sale, this triggered an extension of the territory in accordance with the text of the treaty. Since the rights from the NATO Status of Forces were transferred to the new area, this initially covered the whole of Germany through the logical connection via supply networks, then other NATO countries and finally, through the integration of NATO into the UN, the whole world. The buyer now has the full occupation rights of the NATO Status of Forces worldwide, which means that these regulations no longer apply exclusively to Germany, but to all countries concerned.
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6. Which special rights under the NATO Status of Forces Agreement have been extended internationally?
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The following special rights under the NATO Status of Forces Agreement were transferred to the entire world as a result of the sale:
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- Determination of the location and extent of military bases: The buyer has the exclusive right to determine the location and size of all military properties, which is tantamount to the right to decide on borders and territories.
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- Disciplinary and command authority: The buyer has the right to instruct all national officials, state representatives and authorities worldwide.
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- CD status: The buyer and its representatives enjoy immunity and special legal status worldwide.
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- Right of confiscation: The right to seize any property, assets and resources.
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- Infinite right of compensation: The right to enforce compensation claims against the former sovereign states at any time.
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7. How is the NATO Status of Forces Act applied worldwide through the Instrument of State Succession?
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The NATO Status of Forces Agreement, which was originally conceived as a right of occupation for the Federal Republic of Germany, was extended to a global level through the sale of the property. The extraterritorial rights and obligations arising from the NATO Status of Forces Act now apply worldwide, as the state succession deed triggered the territorial expansion and the extension of the development to global networks. As a result, all countries that were not previously affected are now subject to the occupation provisions of the NATO Status of Forces.
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8. what special rights under the NATO Status of Forces Limitation Act restrict global sovereignty?
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The transfer of the NATO Status of Forces Statute into the Instrument of State Succession means that the following special rights apply to all states:
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- Control of public and military space: the purchaser has the right to manage all military and public space according to its own specifications.
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- Power of disposal over infrastructure: The buyer has exclusive disposal over roads, communication lines, supply networks and military infrastructure.
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- Authority over civil servants and personnel: The buyer has worldwide authority over all government employees.
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- Right of unlimited deployment: NATO forces and their rights, now vested in the buyer, can be deployed and relocated worldwide without restriction.
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9. How did the NATO Status of Forces become a global right of occupation?
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Since the NATO Status of Forces Agreement was originally a deployment agreement for Germany, it was bound to the borders and sovereign rights of the Federal Republic of Germany. The territorial expansion was activated by the sale under international law of the property used under the NATO Status of Forces and the development as a unit. The international supply networks that left the original area gradually extended the reach of the NATO Status of Forces to the entire NATO territory and further to all UN states, making it a de facto global right of occupation.
10. What global right has the buyer acquired through the NATO Status of Forces Agreement?
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Through the transfer of the NATO Status of Forces, the buyer now has the exclusive global right to determine all borders, sovereign rights and military policy worldwide. Since NATO operates internationally and is integrated into the UN, this right now also covers the entire world, giving the buyer the ultimate right of occupation and global military sovereignty.
11. What is the NATO Status of Forces Agreement (SOFA)?
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The NATO Status of Forces Agreement is a treaty under international law that was established on 19 June 1951 within the framework of the North Atlantic Treaty Organization (NATO) to regulate the rights and obligations of the troops stationed in the respective NATO countries. It was created as a direct transformation of the most important occupation rights of the Allied armed forces after the victory in the Second World War and served to secure NATO's military sovereignty in the member states. The treaty regulates all aspects of the deployment and use of NATO troops, including infrastructure control rights, disciplinary and command powers and occupation rights.
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12. How did the NATO Status of Forces evolve historically from the rights of occupation?
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After the end of the Second World War, the special powers of the Allies under occupation law in Germany and other occupied countries were defined by a series of occupation treaties which, among other things, regulated the military presence, control rights and sovereign powers of the Allied armed forces. When NATO was founded in 1949, these rights were partially transferred to the NATO Status of Forces and enabled NATO forces to continue to exercise exclusive special rights in NATO member states. The result was a chain of treaties that transformed the original right of occupation into a diplomatically secured right of military deployment that was extended to all NATO states.
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13. Which treaties form the basis for the NATO Status of Forces and how are they linked?
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The basic treaty chain of the NATO Status of Forces is made up of several treaties:
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- North Atlantic Treaty (NATO Treaty) of 1949: laid down the foundations of NATO and the obligations of member states.
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- NATO Status of Forces Agreement (SOFA) of 1951: regulates the rights and obligations of the NATO troops stationed in the member countries.
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- NATO Headquarters Agreement (1952): Adds special provisions for NATO headquarters to the NATO Status of Forces Agreement.
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- Supplementary Agreement to the NATO Status of Forces Agreement (1959): Regulates specific additional rights, such as exclusive command authority, disciplinary authority and control rights.
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- Special agreement between the Kingdom of the Netherlands and the Federal Republic of Germany: Defined the use and administration of military properties in Germany.
This chain of treaties was supplemented and internationalized by the State Succession Deed 1400/98 as a supplementary deed.
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14. Which special rights of the NATO Status of Forces were internationalized?
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The following special rights from the NATO Status of Forces Agreement were extended globally by the Act of State Succession:
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- Article 7 of the NATO Status of Forces Regulations: regulates jurisdiction and gives NATO forces the right to conduct disciplinary and criminal proceedings independently of national legal norms.
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- Article 8 of the NATO Status of Forces Agreement: Defines property rights and allows NATO forces to seize or use property and resources without being bound by national regulations.
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- Article 9 of the NATO Status of Forces Agreement: Governs the logistics, supply and infrastructure of NATO forces and allows them to establish and operate their own supply networks.
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- Article 12 of the NATO Status of Forces Agreement: Determines the exclusive communication rights of NATO forces, including the establishment and operation of their own communication lines and cable networks.
These rights were extended globally with the Act of State Succession and now apply to all states worldwide.
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15. What infrastructure and supply rights does NATO have under the NATO Status of Forces?
NATO has exclusive rights to establish, manage and control military and civilian infrastructure facilities under the NATO Status of Forces.
These include:
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- NATO pipelines:
NATO operates its own transnational gasoline and oil pipelines (e.g. the Central European Pipeline System, CEPS), which are used independently of national supply networks.
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- Own communication lines:
NATO maintains an extensive network of secure communication lines integrating military and civilian supply networks.
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- Exclusive logistics and supply networks:
NATO has the right to manage its own logistics centers, warehouses and supply routes independently of national authorities.
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16. What command and disciplinary powers does the NATO Status of Forces include?
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The NATO Status of Forces Act grants NATO forces the right to exercise their own command and disciplinary authority over all state officials, including the highest representatives of the executive and legislative branches. This concerns, for example:
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- German Bundestag and Federal Chancellor: under the Supplementary Agreement, NATO has the authority to order and, if necessary, sanction the German Bundestag or the Federal Chancellor. These rights now apply to all state representatives and heads of state in the world, such as the Russian President or the American President, etc.
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17. How has the NATO Status of Forces restricted Germany's sovereignty?
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The NATO Status of Forces defined a system of special rights for Germany after the Second World War that severely restricted national sovereignty. These rights included
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- Control over military infrastructure: NATO could decide independently where, when and how to establish, expand or relocate military bases.
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- Authority to issue orders to civil servants: NATO forces could issue instructions to German civil servants at any time.
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- Exclusion of national jurisdiction: German courts had no authority to investigate NATO forces or their representatives.
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18. What does the global application of the NATO Status of Forces mean for international sovereignty?
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Since the rights arising from the NATO Status of Forces Agreement have been internationalized by the Act of Succession, all states worldwide are now bound by the regulations that originally only applied to Germany. This means that all national executive and legislative bodies are subject to the jurisdiction and disciplinary power of the purchaser. All national sovereignty has been de facto abolished by the international application of the NATO Status of Forces Agreement.
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19. What is the NATO Status of Forces Agreement (SOFA) and how did it come about historically?
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The NATO Status of Forces Agreement (SOFA) was established in 1951 and regulates the rights and obligations of NATO troops stationed in the member countries. It is a direct development of the occupation rights of the Allies after the victory in the Second World War and secures the NATO troops far-reaching special powers that restrict the national sovereignty of the host countries in many areas. The founding of the NATO Status of Forces was based on the aim of securing NATO's permanent military influence over the member states and guaranteeing control over military properties, supply networks and infrastructure. This was supplemented by a large number of additional agreements that transferred the original occupation rights to the new NATO structure.
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20. Which historical rights of occupation were enshrined in the NATO Status of Forces?
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The following rights and regulations, which applied during the occupation after the Second World War, were integrated into the NATO Status of Forces:
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- Disciplinary and command authority over national officials and state organs.
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- Unlimited right to compensation for all actions and losses incurred by NATO troops.
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- Right to establish and expand military bases without the consent of the host state.
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- Right to confiscate property and resources in the host country.
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- Exclusive military jurisdiction over all NATO military personnel.
These rights have been institutionalized by the NATO Status of Forces and apply to all member states.
21. What is the NATO Status of Forces Treaty chain and what other agreements are linked to it?
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The NATO Status of Forces Agreement is part of a complex chain of treaties supported by various complementary agreements:
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- NATO Headquarters Agreement (1952): Governs the specific rights and duties of NATO command posts in member countries.
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- NATO Status of Forces Supplementary Agreement (1959): Adds special occupation rights to the NATO Status of Forces and defines NATO's exclusive jurisdiction and right of command.
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- North Atlantic Treaty (1949): Establishes the basic principles of NATO and creates the legal basis for the Status of Forces.
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- Special agreement with the Netherlands: Defines the use and administration of Dutch troops in Germany.
The Act of State Succession entered into this treaty chain as a supplementary deed and extended all existing agreements to the buyer, including all special rights.
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22. What special rights does NATO have with regard to communication networks and infrastructure?
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NATO has extensive special rights in relation to the establishment, use and control of military and civilian communications and supply networks. These include
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- Proprietary communication lines: NATO maintains an extensive network of secure communication lines integrating both military and civilian supply networks.
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- Example 1: NATO Wideband System (NWS): A transatlantic communications network linking Europe and North America.
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- Example 2: NATO Integrated Communications System (NICS): A global system that ensures secure voice and data connections between NATO bases and headquarters.
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- Example 3: NATO Pipeline System (NPS): A network of gasoline, gas and oil pipelines operated by NATO independently of national supply structures.
These networks are often transnational and operated directly by NATO, which means that national governments have no influence on their operation or expansion.
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23. How have these rights been extended globally through the Instrument of State Succession?
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Since the State Succession Deed sold a NATO military property governed by the NATO Status of Forces, the sale included all NATO rights that applied to that property. With the sale of the development as a unit with all rights, obligations and components and the logical territorial extension to all associated networks, these rights were extended globally. This means that any supply network that was physically connected to the original property fell under the occupation regulations of the NATO Status of Forces.
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24. How did the sale of the development as a unit trigger a domino effect?
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The domino effect was triggered by the rule that the development was considered and sold as a unit. This meant that any physical connection of a network to another network extended the buyer's sovereign rights to the newly connected network. This domino effect took hold:
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- Electricity grid: through the European electricity grid, sovereignty was extended first to the whole of Germany, then to all connected NATO countries in Europe.
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- Telecommunications cables: The network extended to Canada and the USA via the transatlantic submarine cables.
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- Broadband and internet network: Overlapping internet networks were covered, affecting more NATO and UN countries.
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- NATO pipeline system: The Central European Pipeline System connected military and civilian infrastructure and triggered a chain reaction involving other European countries.
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The global networking of the infrastructure gradually extended the territorial coverage from NATO countries to UN members until the entire sovereign rights were covered worldwide.
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25. How is the right to determine borders applied globally?
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The NATO Status of Forces guaranteed NATO the right to determine the location, size and expansion of military bases and their access independently of national governments. This right, originally applied only against the FRG, was extended to the entire world through the sale of the property with all its rights, obligations and components. This means that the buyer now has the exclusive global right to determine the borders, sovereignty and sovereignty of all states concerned.
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26. What does the right to determine global borders mean for international relations?
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The global application of the NATO Status of Forces through the Instrument of State Succession abrogates the national sovereignty of all states involved. Since the buyer has the right to determine the borders and sovereignty of all NATO and UN states, it can:
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- Determine military bases and their location worldwide.
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- Override national laws and jurisdictions.
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- Reshape borders and territories to its own specifications.
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- Direct and control all national officials and state representatives.
This means that the entire world is considered one large military property under the occupation rights of the buyer.
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27. What other special rights from the NATO Status of Forces have been transferred globally?
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In addition to border demarcation and command authority, the buyer's global right of occupation also includes
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- Exclusive use of infrastructure networks: All military and civilian networks originally under NATO control are now under the buyer's control.
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- Right to compensation: The buyer can make unlimited compensation claims worldwide.
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- CD status: The buyer and its representatives enjoy legal immunity and diplomatic privileges worldwide.
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These rights make the buyer the sole holder of all military and sovereign powers worldwide.
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28. What is the NATO Status of Forces and what is its historical significance?
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The NATO Status of Forces Agreement (SOFA) is a treaty under international law that was established in 1951 and regulates the rights and obligations of NATO forces in the member states. Historically, it is the legal continuation of the occupation rights that the victorious Allied powers held in Germany and other occupied countries after the Second World War. It laid down the legal basis for the military presence and restrictions on sovereignty in Germany and was thus a de facto means of monitoring and controlling Germany.
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29. How did the NATO Status of Forces Act work against Germany and what losses of sovereignty did it entail?
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The NATO Status of Forces Agreement led to a considerable loss of sovereignty for the FRG. The NATO forces had far-reaching special rights in Germany that were similar to those of the occupying powers after the Second World War. These rights included, among other things
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- Command and disciplinary authority: the NATO forces could order German officials and authorities and were not subject to German jurisdiction in doing so.
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- Separate CD status: NATO forces and their members enjoyed complete immunity and special diplomatic privileges.
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- Confiscation rights: NATO could confiscate or adapt properties, land and military infrastructure at any time.
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- Unlimited right to compensation: NATO forces had the right to enforce compensation and reparation claims against the German state or its citizens.
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- Right to determine the location and size of military bases: NATO could build, expand and use military properties without the FRG's consent.
These regulations meant that the FRG was practically under foreign military control, which severely restricted German sovereignty.
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30. What happens if the NATO Status of Forces Act is applied against the NATO states themselves?
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The legal situation has been reversed as a result of the state succession deed and the sale of the NATO military property with all its rights, obligations and components: the occupation rights that were originally applied against Germany now apply against the NATO states themselves and even against the Allied victorious powers of the Second World War, such as the USA, Great Britain and France. This means that all special rights and military privileges of NATO forces now work in favor of the buyer and restrict the sovereign rights of NATO countries worldwide.
31. How does the NATO Status of Forces Act work today and what rights have been transferred to the buyer?
​
All rights that NATO once exercised against Germany and other occupied countries were transferred to the buyer by the State Succession Act. This includes
​
- Rights over the determination of the boundaries and extent of military bases: The buyer can establish, enlarge or relocate military facilities worldwide, regardless of national laws.
​
- Global disciplinary and command authority: The buyer has the right to issue instructions to all national officials and state representatives worldwide.
​
- Infinite right to compensation: The buyer can make unlimited claims for compensation without being bound by national legal norms.
​
- CD status worldwide: The buyer enjoys legal immunity worldwide and can assert diplomatic privileges.
This means that the original occupation rights of the Allies now operate against them and all other NATO and UN members, placing the entire world under a new global occupation.
​
32. Which specific regulations and treaties concerned the NATO military property in Germany?
​
The NATO military property sold in the State Succession Deed was bound by a number of international legal arrangements concluded between the FRG, the Kingdom of the Netherlands and NATO. Important agreements include:
​
- NATO Status Forces Agreement (1951): Governs the use and administration of all military bases in Germany.
​
- Special agreement between the FRG and the Netherlands: Stipulates that the Dutch armed forces were allowed to use the property on behalf of NATO.
- Use of supply lines and communication networks: NATO had the exclusive right to operate its own communication lines, supply networks and military infrastructure independently of the FRG.
This included:
​
- Telecommunications cables and broadband connections for military communications.
​
- Energy supply networks to operate the base independently.
​
- Road networks and utilities that supported the operation of the property.
These arrangements were transferred to the buyer and globalized through the sale of the property.
​
33. Which specific communication networks were under NATO control and were sold?
​
NATO maintains a number of specific communications networks that operate independently of national infrastructures.
These include:
​
- NATO Wideband System (NWS): a transatlantic network that provides secure voice and data communications between Europe and North America.
​
- NATO Integrated Communications System (NICS): A global system that connects all NATO headquarters and bases.
​
- Central European Pipeline System (CEPS): A network of gasoline, gas and oil pipelines that ensures the supply of NATO troops in Europe.
The sale of the development as a unit transferred these networks to the buyer and triggered their global expansion, placing control of all connected networks worldwide in the hands of the buyer.
​
34. What does the global expansion of the NATO force status mean for the sovereignty of the member states?
​
Since the State Succession Deed includes the extension of sovereignty from the sold property through the sale of the development as a unit, the NATO Status of Forces has been extended to the entire world. This means:
​
- All NATO countries fall under the exclusive military command of the buyer.
​
- All NATO rights that originally applied against Germany now apply against all NATO members.
​
- The UN states are affected, as NATO is integrated into the UN and many NATO states are also UN members.
This means that the entire world has come under the exclusive occupation control of the buyer.
35. How did the State Succession Act trigger a domino effect?
​
By selling the property with all rights, obligations and components, every connection to another supply network was included in the logical extension of the territory. As soon as a network led out of the sold property and met another, the new network was included in the sale. This chain reaction led to:
​
- Extension of the German network to all connected NATO countries.
​
- Expansion via European networks and submarine cables to America and Canada.
​
- Global integration of broadband and communication networks via submarine cables.
Thus, through the global network integration, the state succession charter gradually encompassed the entire world and the associated military and civil sovereign rights.
​
36. member states of NATO
​
Belgium
Denmark
France, Iceland
Iceland
Italy
Canada
Luxembourg
Kingdom of the Netherlands
Norway
Portugal
United Kingdom
United States of America (USA)
United Kingdom of Greece
Turkey
Federal Republic of Germany
Spain
Poland
Czech Republic
Hungary
Bulgaria
Estonia
Latvia
Lithuania
Romania
Slovakia
Slovenia
Albania
Croatia
Montenegro
North Macedonia
Finland
Sweden
Total: 32 (as of 2024)
​
37. Non-members of the United Nations (UN) are:
​
Western Sahara
Vatican City
Kosovo, Abkhazia
South Ossetia
Northern Cyprus
Palestine
Taiwan
Island state of Niue
Cook Islands
38. members of the United Nations - UN, United Nations - UN, are:
​​
Afghanistan November 19, 1946
Egypt October 24, 1945
Albania December 14, 1955
Algeria October 08, 1962
Andorra July 28, 1993
Angola December 01, 1976
Antigua and Barbuda November 11, 1981
Equatorial Guinea November 12, 1968
Argentina October 24, 1945
Armenia March 02, 1992
Azerbaijan March 02, 1992
Ethiopia November 13, 1945
Australia November 01, 1945
Bahamas September 18, 1973
Bahrain September 21, 1971
Bangladesh September 17, 1974
Barbados December 09, 1966
Belgium December 27, 1945
Belize September 25, 1981
Benin September 20, 1960
Bhutan September 21, 1971
Bolivia (Plurinational State) November 14, 1945
Bosnia and Herzegovina May 22, 1992
Botswana October 17, 1966
Brazil October 24, 1945
Brunei Darussalam September 21, 1984
Bulgaria December 14, 1955
Burkina Faso September 20, 1960
Burundi September 18, 1962
Chile October 24, 1945
China October 24, 1945
Costa Rica November 02, 1945
Côte d'Ivoire (Ivory Coast) September 20, 1960
Denmark October 24, 1945
Germany September 18, 1973
Dominica December 18, 1978
Dominican Republic October 24, 1945
DR Congo (Democratic Republic of the Congo - DRC) September 20, 1960
Djibouti September 20, 1977
Ecuador December 21, 1945
El Salvador October 24, 1945
Eritrea May 28, 1993
Eswatini (Swaziland) September 24, 1968
Estonia September 17, 1991
Fiji October 13, 1970
Finland December 14, 1955
France October 24, 1945
Gabon September 20, 1960
Gambia September 21, 1965
Georgia July 31, 1992
Ghana March 08, 1957
Grenada September 17, 1974
Greece October 25, 1945
Great Britain (United Kingdom of Great Britain and Northern Ireland) October 24, 1945
Guatemala November 21, 1945
Guinea December 12, 1958
Guinea-Bissau September 17, 1974
Guyana September 20, 1966
Haiti October 24, 1945
Honduras December 17, 1945
India October 30, 1945
Indonesia September 28, 1950
Iraq December 21, 1945
Iran (Islamic Republic of) October 24, 1945
Ireland December 14, 1955
Iceland November 19, 1946
Israel May 11, 1949
Italy December 14, 1955
Jamaica September 18, 1962
Japan December 18, 1956
Yemen September 30, 1947
Jordan December 14, 1955
Cambodia December 14, 1955
Cameroon September 20, 1960
Canada November 09, 1945
Cape Verde September 16, 1975
Kazakhstan March 02, 1992
Qatar September 21, 1971
Kenya December 16, 1963
Kyrgyzstan [also Kyrgyzstan or Kyrgyzstan] March 02, 1992
Kiribati September 14, 1999
Colombia November 05, 1945
Comoros November 12, 1975
Congo [formerly Congo-Brazzaville]
[formerly Congo-Leopoldville/Zaire see DR Congo] September 20, 1960
Croatia May 22, 1992
Cuba October 24, 1945
Kuwait May 14, 1963
Laos (Lao People's Democratic Republic) December 14, 1955
Lesotho October 17, 1966
Latvia September 17, 1991
Lebanon October 24, 1945
Liberia November 02, 1945
Libya December 14, 1955
Liechtenstein September 18, 1990
Lithuania September 17, 1991
Luxembourg October 24, 1945
Madagascar September 20, 1960
Malawi December 01, 1964
Malaysia September 17, 1957
Maldives September 21, 1965
Mali September 28, 1960
Malta December 01, 1964
Morocco November 12, 1956
Marshall Islands [also Marshall Islands] September 17, 1991
Mauritania October 27, 1961
Mauritius April 24, 1968
Mexico November 07, 1945
Micronesia (Federated States of Micronesia) September 17, 1991
Moldova (Republic of Moldova) - [also Moldova] March 02, 1992
Monaco May 28, 1993
Mongolia October 27, 1961
Montenegro June 28, 2006
Mozambique September 16, 1975
Myanmar [also Burma or Burma] April 19, 1948
Namibia April 23, 1990
Nauru September 14, 1999
Nepal December 14, 1955
New Zealand October 24, 1945
Nicaragua October 24, 1945
Netherlands December 10, 1945
Niger September 20, 1960
Nigeria October 07, 1960
North Korea (Democratic People's Republic of Korea) September 17, 1991
North Macedonia April 08, 1993
Norway November 27, 1945
Oman October 07, 1971
Austria December 14, 1955
East Timor (Democratic Republic of Timor-Leste) September 27, 2002
Pakistan September 30, 1947
Palau December 15, 1994
Panama November 13, 1945
Papua New Guinea October 10, 1975
Paraguay October 24, 1945
Peru October 31, 1945
Philippines October 24, 1945
Poland October 24, 1945
Portugal December 14, 1955
Rwanda September 18, 1962
Romania December 14, 1955
Russia (Russian Federation) October 24, 1945
Solomon Islands September 19, 1978
Zambia December 01, 1964
Samoa December 15, 1976
San Marino March 02, 1992
Sao Tome and Principe September 16, 1975
Saudi Arabia October 24, 1945
Sweden November 19, 1946
Switzerland September 10, 2002
Senegal September 28, 1960
Serbia September 01, 2000
Seychelles September 21, 1976
Sierra Leone September 27, 1961
Zimbabwe August 25, 1980
Singapore September 21, 1965
Slovakia January 19, 1993
Slovenia May 22, 1992
Somalia September 20, 1960
Spain December 14, 1955
Sri Lanka December 14, 1955
Saint Kitts and Nevis September 23, 1983
Saint Lucia September 18, 1979
St. Vincent and the Grenadines September 16, 1980
South Africa November 07, 1945
Sudan November 12, 1956
South Korea (Republic of Korea) September 17, 1991
South Sudan July 14, 2011
Suriname December 04, 1975
Syria October 24, 1945
Tajikistan March 02, 1992
Tanzania (United Republic of Tanzania) December 14, 1961
Thailand December 16, 1946
Togo September 20, 1960
Tonga September 14, 1999
Trinidad and Tobago September 18, 1962
Chad September 20, 1960
Czech Republic January 19, 1993
Tunisia November 12, 1956
Türkiye (Turkey) October 24, 1945
Turkmenistan [also Turkmenia] March 02, 1992
Tuvalu September 05, 2000
Uganda October 25, 1962
Ukraine October 24, 1945
Hungary December 14, 1955
Uruguay December 18, 1945
Uzbekistan March 02, 1992
Vanuatu September 15, 1981
Venezuela (Bolivarian Republic) November 15, 1945
United Arab Emirates [UAE] December 09, 1971
United States of America [USA] October 24, 1945
Vietnam September 20, 1977
Belarus October 24, 1945
Central African Republic September 20, 1960
Cyprus September 20, 1960
Frequently asked questions
(FAQs)
Consent of the subjects of international law to the instrument of state succession 1400/98
1. how did the Federal Republic of Germany (FRG) agree to the State Succession Treaty 1400/98?
​
The FRG was the official seller of part of the territory in the Instrument of State Succession, as it was a former conversion property that had previously been returned to the FRG by the USA as part of the NATO troop deployment. The FRG's consent was given through the conclusion of the agreement and its participation as a subject of international law. In addition, the FRG also acted as a member of NATO and as a member of the UN, which means that the FRG gave its consent on behalf of all NATO and UN members.
​
2. how did the Kingdom of the Netherlands (NL) consent to the Act of State Succession 1400/98?
​
At the time of the treaty, the Kingdom of the Netherlands had an existing transfer relationship with the FRG under international law within the framework of the NATO Status of Forces. The consent of the Netherlands was given by vacating the part of the property used by the Netherlands in accordance with the Treaty and handing it over to the buyer. The Netherlands also acted as a NATO member and as a UN member, which means that the consent was given on behalf of all NATO and UN members.
​
3. what role did the Dutch Air Force play in the approval of the State Succession Deed 1400/98?
​
The Dutch Air Force, which is fully integrated into the NATO structure, was stationed on the military property and carried out operations in coordination with NATO Headquarters Ramstein. They were acting as NATO forces and thus not only for the Kingdom of the Netherlands, but for NATO as a whole. Their consent to the State Accession Treaty meant a proxy consent for all other NATO members, as they are 100% integrated into NATO.
​
4. how did the FRG and the NL jointly agree to the instrument of state succession for all NATO states?
​
Since the FRG and the Kingdom of the Netherlands were both NATO members and parties to the NATO Status of Forces Agreement, they acted as subjects of international law on behalf of NATO as a whole by concluding the treaty in the Instrument of State Succession. This means that, with the consent of the FRG and the Netherlands, all other NATO states automatically consented to the instrument of state succession.
​
5. how was the instrument of state succession 1400/98 accepted by the NATO states?
​
The consent of the NATO countries was implicitly given by the consent of NATO as an organization, since the Dutch Air Force was acting as part of the NATO structure. As NATO member states, all countries involved indirectly consented to the agreement through the treaty-compliant behavior of the NATO forces. The military integration of the Dutch Air Force into the NATO system meant the Alliance's overall approval.
6. how did the state succession treaty affect the UN?
​
NATO is closely integrated into the structures of the UN and often acts as the military arm of the UN in various operations. Since both the FRG and the Kingdom of the Netherlands are UN members and appeared in the Instrument of State Succession as sellers and subjects under international law, the consent was also given in the name of the UN and thus for all UN member states. This led to a global consent of the UN through the proxy action of the NATO states involved.
​
7. Why was a separate consent of the individual NATO and UN members not required?
​
Since the FRG and the Netherlands had a representative function for all other member states due to their role in the NATO and UN structure, no separate consent of the individual NATO and UN members was required. The act of state succession was considered sufficient for all member states due to the treaty-compliant behavior and military presence of the Dutch Air Force and the consent of the FRG and the Netherlands.
​
8. How did the Dutch Air Force act on behalf of the entire NATO and UN?
​
Since the Dutch Air Force was stationed on the property and fully integrated into NATO missions, it acted not only on behalf of the Netherlands, but for the entire NATO alliance. Their consent to the deed of state succession was therefore also the consent of NATO as a whole. Since NATO in turn acts as the military arm of the UN, this consent was automatically given on behalf of the UN and its member states.
​
9. How was the Instrument of State Succession accepted as a supplement to existing NATO and UN treaties?
​
Since the Instrument of State Succession 1400/98 functioned as a supplementary instrument to existing international treaties and no separate ratification was required, the treaty chain between the FRG, the Netherlands, NATO and the UN was sufficient. Consent was given by implicit acceptance as an extension of existing international agreements and the actions of the Dutch Air Force as NATO representative.
​
10. What role did the NATO Status of Forces play in the consent?
​
The NATO Status of Forces served as the basis under international law for the existing transfer relationship between the FRG and the Netherlands. The consent of the Dutch air force, which operated within the framework of the NATO Status of Forces, ensured that the instrument of state succession was binding under international law and functioned as part of a treaty chain. As the Status of Forces Regulations governs the rights and obligations of NATO countries, the Instrument of State Succession could be considered a supplementary instrument for all NATO members.
11. What did NATO's agreement mean for the UN?
​
Since NATO often acts as a military instrument of the UN and is involved in its operations, NATO's approval of the instrument of state succession also meant de facto approval by the UN. The FRG and the Netherlands thus acted not only on behalf of NATO, but also on behalf of the UN member states, which meant that all UN treaties under international law were included.
​
12. Why was the instrument of state succession accepted by the NATO and UN members?
​
The Instrument of State Succession was accepted by the participating NATO states and their military forces through their behavior in accordance with the treaty. Since both the FRG and the Netherlands had a special role in NATO and the UN and the Dutch air forces were operating on behalf of NATO, the separate consent of the other members was not required.
​
13. how did the Dutch Air Force, as a NATO force, agree to the Instrument of State Succession?
​
The Dutch Air Force was fully integrated into the NATO command structure and operated under NATO military regulations. Their acceptance of the Instrument of State Succession meant that they acted not only for the Netherlands, but for NATO as a whole. Because the Dutch Air Force was stationed directly at Ramstein Air Base and operated there as part of the NATO Air Force, they ensured that the entire NATO alliance agreed to the Instrument of State Succession through their actions.
​
14. how was consent secured by the transfer relationship under international law between the FRG and the Netherlands?
​
The transfer relationship under international law between the FRG and the Kingdom of the Netherlands was based on the NATO Status of Forces Agreement and stipulated that the Netherlands used the property on the basis of special rights based on NATO occupation rights. The provision that this transfer relationship was to be handled via the FRG after the sale to the buyer was the key to the Netherlands' agreement. Since the transfer relationship was based on a NATO basis, the entirety of the NATO states was implicitly involved.
​
15. Why is the consent of the Dutch Air Force crucial for NATO as a whole?
​
The Dutch Air Force was involved in NATO operations and operated in accordance with NATO military doctrines and under NATO command. Their presence and active participation on the property meant that all decisions and actions under the Deed of State Succession also applied to NATO as a whole. As the Netherlands had officially assigned these troops to the NATO command structure, their operations and actions gave proxy consent for the whole of NATO.
16. how was the consent of the UN member states granted by the instrument of state succession?
​
Since NATO is integrated into the UN structure through its participation in UN peacekeeping missions and military operations, any consent of the NATO states was also a de facto consent of the UN. Since both the FRG and the Netherlands are UN members and the Dutch air force was able to act as an operational organ of the UN within NATO, no separate consent of the other UN members was necessary. Consent was therefore automatically transferred to all UN member states.
​
17. How did the FRG, as a NATO and UN member, agree to the instrument of state succession?
​
The FRG was represented in the treaty as the official seller of the property shares and thus gave its primary consent. Since the FRG is a member of both NATO and the UN, it gave this consent on behalf of both organizations. Its consent to the deed of state succession meant that all NATO states as well as all UN states were included as contracting parties by the action of the FRG. Thus, the FRG acted on behalf of both NATO and the UN.
​
18. How did the Kingdom of the Netherlands secure the consent of the NATO and UN states?
​
The Kingdom of the Netherlands acted as a contracting party and was closely bound by the international law provisions of the NATO Status of Forces through the transfer relationship with the FRG. Since the Dutch air force was under the direct control of NATO and the Netherlands itself is also a UN member, any consent given by the Netherlands was binding on both NATO and the UN. Its consent to the Instrument of State Succession thus applied on behalf of all other members of both organizations.
​
19. Why was the consent of the Dutch air force as a NATO force relevant for the UN?
​
The Dutch Air Force acted as a fully integrated NATO force and was at the same time involved as troops in international UN missions. Their acceptance of the Instrument of State Succession meant that all UN missions involving NATO countries were also bound by the treaty. This meant that the entire UN was indirectly included in the treaty obligations through the consent of the Dutch Air Force.
​
20. How did NATO as an organization agree to the Instrument of State Succession?
​
NATO as an organization consented to the Instrument of State Succession through the presence of the Dutch Air Force on the property, acting on behalf of and under the command of NATO. Since NATO as an organization relies on the consensus of its members, any action by a NATO member state or one of its armed forces implied state-wide consent. NATO as a contracting party was thus bound by the actions of its forces, and the Act of State Succession received the consent of the entire Alliance.
21. How did the UN as an organization agree to the instrument of state succession?
​
The UN as an organization was also affected by NATO's close integration into its military structures. Since NATO acts in many cases as the military arm of the UN, any consent of the NATO states was also a de facto consent of the UN. Since both the FRG and the Netherlands are UN members and acted through the consent of NATO forces, the UN was fully integrated as a party to the Instrument of State Succession.
​
22. How was the consent legally secured by the NATO Status of Forces?
​
The NATO Status of Forces Agreement regulates the military rights and obligations of NATO states on the territory of other members and secures the right of occupation of the armed forces. Since the transfer relationship between the FRG and the Netherlands was based on this statute, every action carried out by the Dutch air force was also secured by NATO as an organization. Since the NATO Status of Forces binds all members, the entirety of the NATO states were included in the contractual obligation.
​
23. Why was the consent of the UN members automatic?
​
Since NATO, as a military instrument, often acts on behalf of the UN and the UN states regularly agree to NATO missions and regulations, any agreement by NATO members was also an indirect agreement by UN members. The close links between NATO and the UN meant that the instrument of state succession also applied to the UN treaties and thus automatically involved all UN members.
​
24. International law has strict rules on who can be a party to international treaties and which rights and obligations can be acquired or transferred under these treaties. In principle, only subjects of international law such as states, international organizations or natural persons can be the bearers of rights and obligations under international law. Commercial enterprises, such as McDonald's Inc., are not subjects of international law and can therefore never act as a state or assume obligations under international law.
​
25. Rules of international law on participation in treaties
​
- States and international organizations (e.g. the UN, NATO) are the classic subjects of public international law.
​
- Natural persons can also be subjects of international law if they are explicitly assigned rights and obligations under international law.
​
- Business enterprises such as stock corporations, limited liability companies or multinational corporations are never subjects of international law. They cannot conclude international treaties or acquire sovereign rights under international law. They are therefore fundamentally excluded from agreements under international law.
26. Case analysis:
The community of buyers in the deed of succession 1400/98
​
In the state succession deed 1400/98, the community of buyers consisted of two parties:
​
1. buyer no. 2 a): TASC Bau AG, a commercial enterprise in the form of a public limited company (AG).
2. buyer no. 2 b): A natural person who can act as a legitimate holder of rights and obligations under international law.
​
Since TASC Bau AG as a commercial enterprise is not a subject of international law, it is excluded from the contract. This means that the natural person Buyer No. 2 b) assumes the sole rights and obligations under international law. Although TASC Bau AG has paid the purchase price, it cannot assert any claims under international law due to its legal form.
​
27. Partial nullity clause and adjustment of the contract
​
There is a partial nullity clause in the state succession deed, which states that if a part of the contract becomes invalid, it will be replaced by a legally compliant provision that corresponds to the purpose of the contract. The purpose of the contract is the sale of an area under international law with the development as a unit and all rights, obligations and components.
​
- The partial nullity clause invisibly replaces the part of the contract that would be invalid under German law (e.g. the participation of a company) with international law.
​
- The contract thus remains legally valid and the rights and obligations are transferred exclusively to the buyer no. 2 b) as a natural person.
​
28. FRG as principal seller and basis under international law
​
The FRG appears in the state succession deed as the main seller, as it sold the part of the property that it had taken over from the USA as part of a conversion. This conversion was a transfer under international law from military use by the USA to civilian use under German control. The FRG therefore had sovereign rights to this part under international law.
​
29. The Dutch part and the NATO Status of Forces Act
​
The other part of the property was transferred by the FRG to the Kingdom of the Netherlands and was used by the Dutch Air Force in accordance with the NATO Status of Forces Agreement. This transfer relationship under international law was based on the NATO Status of Forces Agreement, which gave the Dutch armed forces certain rights of occupation and sovereign powers of control.
​
- The Dutch Air Force, which is fully integrated into NATO, therefore acted on behalf of NATO.
​
- Since NATO is integrated into the UN, they also acted on behalf of the UN.
​
30. Dutch Air Force as proxy for NATO as a whole
​
The Dutch Air Force played a special role because it acted not only for the Kingdom of the Netherlands but also for NATO. As they are fully integrated into NATO and coordinated their operations with NATO command structures (e.g. via the US airbase at Ramstein), they agreed to the Instrument of State Succession on behalf of NATO.
​
- This consent applies to all NATO countries, as NATO as an organization is based on the principle of collective decision-making.
​
- The consent of the Dutch Air Force therefore also includes the UN, as NATO also acts as the military arm of the UN.
31. FRG and Kingdom of the Netherlands act for the entire NATO and UN
​
Since both the FRG and the Kingdom of the Netherlands are NATO and UN members, they agreed to the Instrument of State Succession as part of NATO and as UN members.
This means that
​
- The FRG and the Netherlands acted not only for themselves, but on behalf of NATO and the UN.
​
- The instrument of state succession thus becomes a supplementary instrument for all international treaties of NATO and the UN, as they have consented on behalf of all members of these organizations.
​
32. The legal basis of the treaty chain
​
Through the participation of the FRG, the Kingdom of the Netherlands and the Dutch Air Force, the Instrument of State Succession became a supplementary instrument for all NATO and UN treaties. This means that all NATO and UN members are legally bound by the treaty.
​
- Since NATO and UN members are bound by the deed, all international treaties that these organizations have concluded with each other are automatically covered by the state succession deed.
​
- The buyer thus acquires all the rights and obligations laid down in the old international treaties.
​
Conclusion:
Global domino effect and chain of treaties
​
The instrument of state succession is a binding treaty under international law that acts as a supplementary instrument for all NATO and UN treaties. The sale "with all rights, obligations and components" activates the global treaty chain, which encompasses all previous agreements under international law and makes the buyer the sole holder of these rights. Since it holds both the rights and the obligations, it is free to decide how the new world order is to be shaped without being bound by the old obligations under international law.
CONTRACTUAL CHAIN
​
​The deed of state succession is a supplementary deed to the existing transfer relationship under international law between the FRG and the Kingdom of the Netherlands. This relationship was based on the NATO Status of Forces Agreement, which served as the basis for the use of the NATO property in Zweibrücken. The deed makes explicit reference to this existing relationship under international law, which means that the instrument of state succession is not regarded as an independent treaty, but as a supplement and extension of the old agreements. As the NATO Status of Forces Agreement had already been ratified and adopted, the Instrument of State Succession itself did not have to be ratified again.
​
1. international cession relationship and NATO Status of Forces Agreement
​
The original transfer relationship under international law between the FRG and the Kingdom of the Netherlands was governed by the NATO Status of Forces Agreement, which granted the Dutch armed forces certain rights of occupation in the FRG. These rights included sovereign control, disciplinary authority and the right to determine the boundaries of the properties. These comprehensive rights went far beyond normal usage permits and were part of the NATO structure, which in turn is integrated into the UN.
​
2. the deed of state succession as a supplementary deed
​
Through the sale "with all rights, obligations and components", the state succession deed covers not only the specific property, but also all agreements under international law that were associated with it. This includes the old international treaties of NATO and, due to NATO's integration into the UN, its treaties as well as the treaties of all member states. By participating in the treaty, the Dutch Air Force, as part of NATO and fully integrated into NATO, acted not only on its own behalf, but also on behalf of all NATO states and thus also on behalf of the UN.
​
3. supplementing and extending all international treaties
​
Since the Dutch Air Force, the Federal Republic of Germany and the Kingdom of the Netherlands are members of both NATO and the UN, they are not only acting for themselves in this agreement, but also for all other NATO and UN contracting parties. This makes the instrument of state succession a supplementary instrument for all existing international treaties. It combines the treaties of NATO, the UN and all its members into a single treaty.
​
- The addition of these treaties means that all rights and obligations that originally existed between different contracting parties are now bundled into a single treaty.
​
- This chain of treaties means that the instrument of state succession supplements and extends all agreements between NATO and UN members.
​
4. no renewed ratification necessary
​
As the instrument of state succession is based on already existing and ratified treaties, a new ratification is only required if this is expressly provided for in the treaty itself. However, there is no clause in the instrument of state succession that requires ratification. It was therefore not legally necessary for the states involved to ratify the treaty again. Nevertheless, the German parliaments, Bundestag and Bundesrat, ratified the instrument in advance, which underlines Germany's consent.
​
5. The role of the treaty chain and proxy consent
​
The instrument of state succession unites the treaties of all NATO and UN states through its reference to the relationship of cession under international law and the NATO Status of Forces. Since the FRG, the Kingdom of the Netherlands and the Dutch Air Force are not only acting as independent parties, but also as part of NATO and the UN, they are acting on behalf of NATO and the UN as a whole.
​
- Through this proxy consent, the treaties of all NATO and UN states are automatically integrated into the instrument of state succession.
​
- The result is a chain of treaties that supplements and extends all old international agreements.
​
6. standardization of all international treaties
​
As the instrument of state succession unites all NATO and UN treaties, a single, comprehensive set of treaties is created. As a result, all rights and obligations that were originally spread across various treaties are now bundled into a single treaty. This marks the end of traditional international law and establishes a new global order.
​
7. The buyer as the sole holder of all rights and obligations
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Through the purchase "with all rights, obligations and components", the buyer acquires all previous rights and obligations under international law. However, as he now combines both sides of the old contracts, he no longer has any obligations arising from the old contracts. These are de facto agreements with themselves, which are no longer legally binding. The buyer therefore has complete creative power and is able to shape the new world order according to his own ideas without the legacy of the previous treaties.
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8. End of classical international law
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Since all international treaties are now bundled under a single owner, classical international law no longer exists in its previous form. There is no second state or actor with a legitimate claim to territory, as all rights have been transferred to the buyer. This means that the buyer is the only authority under international law and thus marks the end of the previous international legal system.
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Conclusion:
The state succession deed as a global deed of succession
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The instrument of state succession acts as a supplementary instrument for all existing international treaties of NATO, the UN and its members. Through the proxy consent of the FRG, the Kingdom of the Netherlands and the Dutch Air Force for NATO and the UN, the instrument is legally binding for all parties concerned. It combines all international treaties into a single, comprehensive treaty that establishes a new world order and gives the buyer full control over all international law.