scholarly journals Consultation in NATO and Its Legal Aspects

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 30-54

The main goal of this paper is to outline the importance of Article 4 in the daily work of the North Atlantic Treaty Association. The paper answer the questions such as: in what cases are consultations called? Who can apply for consultations in NATO? What role does consultation play in the organization's decision-making? What kind of consultations can hold in the organization? A broad definition of consultation in the paper demonstrates its importance and effectiveness in the work of an organization. At the same time, practical examples indicate that it is very effective, and based on it, the Member States can make the best decisions. This allows the Member States not only to respond to threats of territorial integrity, political independence and security but also to have a preventive nature. The paper also includes the definition of bases of consultations that may threaten: that's are territorial integrity, political independence or security. Accordingly, the political and legal meanings of these terms are widely defined. Finally, the paper provides a clear legal definition of Article 4 of the founding Treaty of the North Atlantic Treaty Organization, which will enable the interested party to comprehend the conditions of this paper.

1982 ◽  
Vol 35 (3) ◽  
pp. 499-501
Author(s):  
L. Bennett

This paper outlines the phase of the flight planning operation in which airlines calculate minimum-time tracks for the purpose of advising oceanic control centres of their needs prior to the definition of the Organised Track System (OTS). The results are based on 12- and 24-hour forecasts for a level of 250 mb and aircraft assumed to fly at a constant Mach number of 0·82. The problem is defined in terms of a network in which the domestic route structure on each side of the North Atlantic is represented.


Author(s):  
Mārtiņš Vargulis ◽  

As a part of the overarching publication “Willingness to Defend Own Country in the Baltic States: Implications for National Security and NATO’s Collective Defence” (2021), author of this chapter analyses policies and measures of the North Atlantic Treaty Organization (NATO) in fostering societal resilience and willingness to defend own country. The author underlines that the concept of resilience has gained additional foothold in the recent years in NATO. Notwithstanding that, interaction with the member states’ societies and resilience thereof primarily remains the responsibility of NATO member states themselves.


2016 ◽  
Vol 12 (1) ◽  
pp. 67
Author(s):  
Sigurjón Njarðarson ◽  
Bjarni Már Magnússon

When Iceland became a party to NATO, the Icelandic government seems to have believed that it made a reservation to the core obligation of the North Atlantic Treaty – the “one for all and all for one” obligation — in a speech held during a dinner celebrating its signature. A few decades later, this belief prevails, to some extent, in Icelandic politics. This opinion has no substance in international law. As is discussed, the reservation does not conform to formal and substantive requirements that international law makes to reservations. Consequently, Iceland is bound by the North Atlantic Treaty in the same way as other member states.


Author(s):  
Hartov Mette Prassé

This chapter provides a proposed scope of application of the NATO SOFA and compares this to other agreements. In the NATO SOFA, the definition of a ‘force’ covers both collective military units and individuals in active service and assigned to the military line of command. Nationality is not a condition to be met as a ‘member of a force’. The member of the armed service of one party must be present on the territory of another contracting party to fall within the definition, and as such, Receiving State personnel are excluded from the definition of a ‘force’. The force must furthermore be operating in the North Atlantic Treaty area. Finally, the member of the force must be present on the territory of another party in connection with official duties. This condition, particularly, has generated discussion in NATO SOFA practice.


1970 ◽  
Vol 23 (1) ◽  
pp. 20-22
Author(s):  
D. A. Blake

I propose to discuss the problem of long-range navigation from the point of view of the A.T.C. system planner and to describe in outline the work that has been done in the North Atlantic Systems Planning Group (N.A.T.S.P.G.). In this area there are tidal flows of traffic of relatively high density and there is inevitably a need to reduce separations as much as possible, consistent with safety, to ensure operating costs are reduced, or at least kept in bounds with anticipated increases in traffic. This requires a much more precise definition of an acceptable separation standard, and for future planning the establishment of a relationship between separation standards and navigational capability.


Author(s):  
Valērijs Bodnieks

Valērija Bodnieka raksts ir veltīts dubultās aizsardzības garantiju aspektiem Latvijas aizsardzības politikas veidošanā. Rakstā ir apskatīta Latvijas kā mazas valsts aizsardzības stratēģija un Latvijas kolektīvās aizsardzības garantiju tiesiskie aspekti, kas izriet ne tikai no Ziemeļatlantijas līguma, bet arī no citiem starptautiskiem dokumentiem. No juridiskā aspekta Latvijai kā mazai valstij ir dubultās kolektīvās aizsardzības garantijas. Rakstā tiek skatītas ne vien šīs aizsardzības garantijas, bet arī bruņotas agresijas būtība. Autors ir veicis politiski tiesisko aspektu apkopojumu, kas Latvijas aizsardzības politikas veidotājiem ir kā instruments, kas izriet no kolektīvās aizsardzības principa un solidaritātes klauzulas valsts pastāvēšanas nodrošināšanai. Valērijs Bodnieks’ article has been dedicated to aspects of dual protection in defence policy creation in Latvia. The article showcases defence strategy of Latvia, as a small country, and legal aspects of Latvian collective defense guarantees, which derive not only from the North Atlantic Treaty but also other international documents. Legally Latvia, as a small country, possesses dual collective defence guarantees. The article addresses not only the guarantees but also the essence of armed aggression. The author has made a summary of the politically legal aspects, which serve as an instrument to defence policy makers of Latvia; it follows the principle of collective defense and the solidarity clause to ensure the existence of the state.


Author(s):  
Natalie Rotermund ◽  
Jürgen Guerrero-Kommritz

Two species of the bobtail squid Heteroteuthis are reported from the Atlantic Ocean, H. dispar in the North Atlantic Ocean and H. dagamensis in the South Atlantic Ocean. In total 58 individuals were examined, 23 belonging to the species Heteroteuthis dispar and 35 belonging to the species H. dagamensis. All specimens were captured during the Walther Herwig Expeditions 1966, 1968, 1976 and 1982. A full description of both sexes of H. dispar and H. dagamensis is provided. These two species can only be distinguished by means of the male's enlarged suckers on arm pair III. Females are not useful for taxonomic identifications and are morphologically identical in both species. The results do not support the definition of subgenera in this genus. This is the first report for Heteroteuthis dagamensis in the South-West Atlantic Ocean.


2011 ◽  
Vol 46 (4) ◽  
pp. 482-501 ◽  
Author(s):  
Charlotte Wagnsson

This article argues that traditional Westphalian powers are increasingly pressured to move beyond Westphalia towards institutionalization of security cooperation and a broader definition of referent objects of security. Focusing on the case of the North Atlantic Treaty Organization (NATO), it notes that the Alliance is severely torn between traditional constructions of ‘the self’ and a need for change. Exploring how NATO handles this dilemma, the article examines how the Alliance articulated its constitutive story during the strategic concept process of 2009–10. Four roles are crystallized from the reading of the narrative: the fire-fighter, the watchdog, the good neighbour and the seminar leader. It is argued that NATO will be able to meet the exigencies of the post-Westphalian world more or less effectively depending on how it develops in each of these roles. The article concludes that NATO largely remains Westphalian in its four roles, but the launching of the seminar leader role indicates that it may be preparing a farewell to Westphalia. NATO is a composite actor and tensions between academic, global reformist and traditionalist regional story-lines will prevail. Nevertheless, the globalized threat environment is likely eventually to force NATO to fully recognize the need for a more post-Westphalian approach to security.


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