Mag. 71See generally Marten Zwanenburg, International Humanitarian Law Interoperability in Multinational Operations, 95 Int’l Rev. It is estimated that around 90% of the NATO supplies and equipment is transported by private companies and approximately 75% of the support given by eastern Allies to NATO forces deployed on their territories is provided through contracts with private companies. Get involved today, and stay connected for life. (June 6, 2017), https://www.nato.int/cps/em/natohq/topics_84112.htm. The North Atlantic Treaty Organization (NATO) is an alliance of 28 countries that border the North Atlantic Ocean. The Alliance includes the United States, most European Union members, Canada, and Turkey. The Center for Professional Development & Career Strategy offers unique programs and services tailored to the needs of individual students and alumni. While Article 5 of the Washington Treaty has been invoked only once in the entire history of the Alliance, Article 2 and 3 of the Washington Treaty on the other hand provide the basis for regular, and even daily activities of NATO and its Allies, including political and scientific collaboration, missions, exercises and strengthening of cyber defense capabilities. 37Id. Updated July 3, 2018 Download the Report The Trump Administration has adopted an "America First" strategy, and taken aggressive stands on NATO burden sharing, trade, the JCPOA nuclear agreement with Iran, and the treatment of refugees that have led many in Europe to question its support for NATO and the Transatlantic Alliance. 9, 2017), https://www.nato.int/cps/en/natohq/topics_49276.htm. 104See North Atlantic Treaty, supra note 2, art. According to the then United States Secretary of State, John Foster Dulles, the Washington Treaty was supposed to provide a framework for strengthening “the morale and positive elements on which true peace depends.” 4Id. The OSCE Mission in Kosovo and NATO-led Kosovo Force (KFOR) established close ties in Kosovo. L, supra note 8, at 9–10. Peace is founded on justice and moral order. (Nov. 18, 2011), https://www.nato.int/cps/en/natohq/topics_58787.htm?selectedLocale=en; Euro-Atlantic Partnership Council, North Atlantic Treaty Org. World War 3 news: NATO and Pentagon unveil new technology to monitor entire oceans THE PENTAGON and NATO agencies have collaborated on a … 3. “In order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid, will maintain and develop their individual and collective capacity to resist armed attack.” 27 North Atlantic Treaty, supra note 2, art. At least some European security experts talk about ¶ 72. 75 Stable and reliable energy supply, the diversification of import routes, suppliers and energy resources, and the interconnectivity of energy networks are of crucial importance, see Press Release, NATO, Warsaw Summit Communiqué, (July 9, 2016). 7, 2016), https://www.nato.int/cps/en/natolive/topics_69332.htm. Furthermore, it also introduced an opening sentence. 53 See Alexander Mattelaer, US Leadership and NATO: Revisiting the Principles of NATO Burden-Sharing, 46 Parameters 25, 25 (2016). (June 6, 2017), https://www.nato.int/cps/em/natohq/topics_84112.htm. See NATO Standardization Office, North Atlantic Treaty Organization (June 9, 2017), https://www.nato.int/cps/en/natohq/topics_124879.htm. Allies envisaged that NATO’s role would be to assist and facilitate the process of enhancing civil preparedness of Allies. 87 Brussels Summit Declaration, supra note 60. If one were to look at recent cases of assistance, one can point at the deployment of four NATO-led multinational battlegroups in the eastern part of the Alliance in 2017 in order to deter Russia from engaging in aggressive behavior vis-à-vis Eastern Allies. †This commentary is written in author’s personal capacity and may not reflect agreed upon policy or views of the NATO International Staff or the North Atlantic Treaty Organization. See NATO Rapid Reaction Team to Fight Cyber Attack, North Atlantic Treaty Organization (Mar. 304 [hereinafter Brussels Treaty]. In addition, the report also advocated for submission of disputes involving Allies to NATO’s consideration before resorting to other international dispute settlement mechanisms. Likewise, military forces when deployed rely on civil resources, such as energy, food, water, medical resources. 101See What we Do, OSCE, https://www.osce.org/what-we-do. Press Release, European Council, Joint Declaration on EU-NATO Cooperation (July 10, 2018). 66Id. President Trump reiterated his oft-repeated gripe that the United States is spending more money on defense than other NATO countries Tuesday at the World Economic Forum in Davos, Switzerland. The present essay presents a commentary on Articles 2 and 3 of the Washington Treaty. The Trump administration is imposing sanctions on its NATO ally Turkey over its purchase of a Russian air defense system. 91NATO Cyber Defence-Factsheet, North Atlantic Treaty Org. Military assets—airplanes, tanks, ships, etc.—have become increasingly reliant on digital technology. The second draft read: “In order to better assure the security of the North Atlantic area, the parties will use every endeavor, separately and jointly, by means of continuous and effective self-help and mutual aid, to strengthen their individual and collective capacity to resist aggression.” 31Id. After the Treaty has been in force for twenty years, any Party may cease to be a Party one year after its notice of denunciation has been given to the Government of the United States of America, which will inform the Governments of the other Parties of the deposit of each notice of denunciation. This PDF file contains the North Atlantic Treaty, more popularly known as the Washington Treaty, signed by the 12 founding members of the Alliance, as well as the Accession Protocols for the 16 countries which have joined the Organization since 1949. (Jan. 21, 2019), https://www.nato.int/cps/en/natohq/topics_136388.htm?selectedLocale=en. Id. 49 Report of the Committee on Foreign Relations on Exec. The author is grateful to Mr. Steven Hill, NATO IS Legal Adviser and Director of NATO IS Office of Legal Affairs, as well as to Ms. Lone Kjelgaard and Mrs. Nadia Marsan, NATO Senior Assistant Legal Advisers, for their precious advice, comments, and suggestions on various legal issues examined in this commentary. Interoperability is needed also in the legal field since it often happens that Allies have different or divergent legal regulations—for example, on the use of force in self-defense. 2241, 34 U.N.T.S. Press Release, NATO, Cyber Defence Pledge (July 8, 2016). In addition, partnerships might better prepare interested partner nations to join the Alliance. Specifically, the earlier draft referred to “efforts between any or all of the Parties to promote the general welfare through collaboration in the economic, social and cultural fields.” 10The Drafting of the Treaty, supra note 3 at 8. 93 Press Release, European Commission, Joint Declaration by the President of the European Council, the President of the European Commission, and the Secretary General of the North Atlantic Treaty Organization (July 8, 2016). The first draft of Article 3 took inspiration from the United States Senate resolution 239, commonly known as the Vandenberg Resolution, which served as the principal guide for the United States delegation at the Washington Treaty negotiations. At the same time, NATO has been urging EU to act complementarily to NATO activities and to avoid duplication of efforts. In order to maintain “peaceful and friendly relations,” Allies also committed to engage in economic collaboration. On the insistence of the United States, the earlier version was abandoned. 7, 2016), https://www.nato.int/cps/en/natolive/topics_69332.htm. The Brussels and Rio Treaties preceded the Washington Treaty, they established the Western Union and the Organisation of American States, respectively, and they both provided for a collective defense arrangement. A large number of systems used on or by ships, aircrafts, submarines and unmanned vehicles, such as mechanical and electrical systems, weapons and navigations systems, aviation systems, and control systems are in one way or another connected to the internet. 243. After the Treaty has been in force for ten years, or at any time thereafter, the Parties shall, if any of them so requests, consult together for the purpose of reviewing the Treaty, having regard for the factors then affecting peace and security in the North Atlantic area, including the development of universal as well as regional arrangements under the Charter of the United Nations for the maintenance of international peace and security. 102NATO, OSCE, https://www.osce.org/partnerships/111485. NATO-EU cooperation is carried out in accordance with the principles of transparency, openness, inclusiveness and reciprocity, and in full respect of the decision-making autonomy and procedures of both organizations without prejudice to the specific character of the security and defense policy of any member state. 83 Wales Summit Declaration, supra note 57. Id. ; The Drafting of the Treaty, supra note 3, at 10–11. against armed attack through “continuous and effective self-help and mutual aid.” 40 North Atlantic Treaty, supra note 2, art. In such cases, dialogue among national and NATO legal advisers helps to clarify the different legal views of different Allies and may lead to a more uniform or common legal understanding or legal regime. Article 5 is known as the "one-for-all and all-for-one" article, the keystone of NATO as an organization. 3. In the scientific field the report discussed the important role of technology and science for the Alliance and for peace and security in general. whereas by 2024 fewer than half of the Allies are planning to meet it. [NATO], Rep. of the Comm. 76Resilience and Article 3, supra note 48. 100Relations with the United Nations, supra note 98; see also Updated Joint Declaration on UN-NATO, NATO (Oct. 31, 2018), https://www.nato.int/cps/en/natohq/official_texts_160004.htm. 72 Jamie Shea, Resilience: A Core Element of Collective Defence, NATO Rev. 45Boosting NATO’s Presence in the East and Southeast, North Atlantic Treaty Org. Press Release, NATO, Commitment to Enhance Resilience (July 8, 2016). The Council shall set up such subsidiary bodies as may be necessary; in particular it shall establish immediately a defence committee which shall recommend measures for the implementation of Articles 3 and 5. Allies envisaged that NATO’s role would be to assist and facilitate the process of enhancing civil preparedness of Allies. Among other things, they agreed to allot sufficient financial resources to develop national cyber defense capabilities, to foster cyber defense education, training and exercises, to improve understanding of cyber threats and to improve interaction among relevant national cyber defense stakeholders. Apart from Iceland, it is true that all Allies indeed maintain armed forces and military equipment, whose strength and status are regularly discussed in the context of a broader “fair burden-sharing” debate. 74See Resilience and Article 3, supra note 48. Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. The report called on Allies to take into account the views of other Allies when adopting national policies. Defense spending by NATO’s European members hit a five-year high last year, as measured by a proportion of GDP, but still only six countries, plus the United States, met a U.S.-driven target of spending 2 percent of economic output on defense, according to the alliance’s latest annual report released Thursday.. The organization implements the North Atlantic Treaty that was signed on 4 April 1949. One can also note that Article 3 does not set out the exact level of national capacity required “to resist armed attack.” The founding Allies envisaged that the level of national capacity required would be the subject of regular assessment taking into account the likelihood of a potential aggression, the strength of a potential aggressor, the prevailing general security situation, and the capacity of the U.N. to safeguard peace and security in the North Atlantic area and outside of it. By 2015, it was spending just $4.6 billion, but that still managed to push it over the NATO threshold. Press Release, European Counsel, Joint Declaration on EU-NATO Cooperation (July 10, 2018). 44Id. Consequently, in the third draft the opening sentence attained its current form: “In order to more effectively to achieve the objectives of this Treaty.…” 33Id. The report was presented and endorsed at the North Atlantic Council on December 13, 1956. 106 Brussels Summit Declaration, supra note 60. 50 North Atlantic Treaty, supra note 2, art. C-M(56)127 (Dec. 13, 1956), https://www.nato.int/cps/en/natohq/official_texts_17481.htm. The “Three Wise Men” proposed, inter alia, the use of NATO information material(s) in schools, closer relations between NATO and youth organizations 25 NATO Doc. It is a common misconception that NATO involvement in Afghanistan was a result of Article 5's invocation. The Treaty shall enter into force between the States which have ratified it as soon as the ratifications of the majority of the signatories, including the ratifications of Belgium, Canada, France, Luxembourg, the Netherlands, the United Kingdom and the United States, have been deposited and shall come into effect with respect to other States on the date of the deposit of their ratifications. Written on the Treaty’s seventieth anniversary, the commentary seeks to contribute to the NATO legal community and to the wider audience, such as academics, politicians, diplomatic personnel and civil society interested in NATO legal issues. Id. Soon after the Washington Treaty came into force, the U.S. provided assistance to European Allies under the so-called military assistance program. The instruments of ratification shall be deposited as soon as possible with the Government of the United States of America, which will notify all the other signatories of each deposit. The absence of free institutions in certain parts of the world led the Allies to commit to strengthening their free institutions and to pay continuous attention to that aspect, whereas the reference to “better understanding of the principles upon which these institutions are founded’’ denotes the important role of public opinion within and outside the Alliance. In this regard, Iceland is a perfect example. Also, partner nations gain access to NATO education courses, trainings, and exercises. President Trump reiterated his oft-repeated gripe that the United States is spending more money on defense than other NATO countries Tuesday at the World Economic Forum in Davos, Switzerland. The North Atlantic Treaty Organization (NATO, / ˈ n eɪ t oʊ /; French: Organisation du traité de l'Atlantique nord, OTAN), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 European and North American countries. 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