Emory International Law Review

Volume 34Issue SPECIAL
The North Atlantic Treaty Organization's Seventieth Anniversary
Articles

NATO at 70: The NATO Legal Community’s Contribution

Steven Hill | 34 Emory Int'l L. Rev. 1 (2019)

The community of NATO has grown considerably since the North Atlantic Treaty was signed on April 4, 1949. The NATO community contains a vast network of legal advisors and contributors who have provided much toward the growth and development of the North Atlantic Alliance itself. This Article starts by addressing a few of the historical events that lead to the signing of the North Atlantic Treaty, followed by events taking place in today’s time that reflect the contributions of the NATO legal community. The Article brings to light the motivating ideas and factors that have led the NATO legal community to reflect on the purpose and establishment of the North Atlantic Alliance, directed toward both the global landscape in 1949 and today in 2019. Lastly, the Article gives a comprehensive review of the legal commentary on the North Atlantic Treaty.

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Origins of NATO: 1948–1949

Lawrence S. Kaplan | 34 Emory Int'l L. Rev. 11 (2019)

World War II was one of the most important catalysts for the formation of the North Atlantic Treaty. The trauma and destruction that resulted from the horrific events of the second world war, led to an awareness from the global leaders of the time to establish a uniform defense coalition to combat growing threats and to protect the ideals of Western democracy. This Article serves to analyze the origins of the North Atlantic Treaty, by highlighting the competing interests and global sentiments that went into the countless negotiations and revolving participants that led up to the treaty’s formation. Significantly, this Article draws attention to the events and debates that led up to the involvement of the United States in the North Atlantic Treaty. The Article positions itself in the middle of the modern global climate and questions the direction and purpose of the North Atlantic Alliance in the future.

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NATO as an International Organization: Ten Brief Observations

Niels Blokker | 34 Emory Int'l L. Rev. 29 (2019)

As NATO celebrates the 70th anniversary of the signing of the North Atlantic Treaty, the NATO legal community reflects on ten observations. These observations serve as a reminder of the contributions of NATO in the past, as well as the development of the NATO community as it continues on into the present. The ten observations address new perspectives and fundamental changes in regards to the international relationships both created and strengthened by the signing of the North Atlantic Treaty. The ten observations go on to discuss the following: an outward looking legal community; the law pertaining to international organizations; a new important perspective; fundamental changes as a defense organization; common changes not unique to NATO; common characteristics to international organizations; external relations between international organizations; arising legal issues and challenges; immunity granted to international organizations; and the accountability of international organizations.

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The North Atlantic Treaty—Preamble and Principles

Mette Prassé Hartov | 34 Emory Int'l L. Rev. 37 (2019)

The Preamble of the North Atlantic Treaty serves an important purpose separate from the articles under the treaty. The Preamble provides the basis for an additional aspect of the North Atlantic Treaty, to foster an international community that encourages cooperation in multiple fields additional to that of defense. Not all of the additional twelve Allies were a party to the North Atlantic Treaty, and throughout the 70-year history more members have joined the treaty alliance. This Article considers the mutual values and motivating ideas of the North Atlantic Alliance, putting emphasis on the continuation for all joining parties to the North Atlantic Treaty. The values that motivated the North Atlantic Treaty during its formation continue to frame the context of the North Atlantic Treaty today. Further, the Article goes on to discuss the history and preparatory work of the Preamble and how it can be seen reflected in the different articles making up the North Atlantic Treaty.

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Commentary on Articles 2 and 3 of the Washington Treaty

Matjaž Kačič | 34 Emory Int'l L. Rev. 53 (2019)

Both Articles 2 and 3 of the North Atlantic Treaty present the idea that the North Atlantic alliance is more than a military organization, and one that serves to foster peace and the rule of law. This Article provides an outline of the drafting of Articles 2 and 3, and the negotiations and purposes of the drafters in order to posture both articles as a basis for non-military authorizations. The Article further demonstrates the current motivations and uses for which Articles 2 and 3 are serving as a basis for. This serves to highlight the modernized actions of the North Atlantic alliance and how Articles 2 and 3 of the North Atlantic Treaty can be seen as important and still applicable as the North Atlantic Alliance moves into the more modernized world.

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Article 4 of the North Atlantic Treaty

Sherrod Lewis Bumgardner | 34 Emory Int'l L. Rev. 71 (2019)

Article 4 of the North Atlantic Treaty provides for the consultation between the Parties to the treaty under a couple of different circumstances. The characteristic of Article 4 is one of a statement of action, authorizing the Parties to the North Atlantic Treaty to take certain action. This Article serves the purpose to identify the broader view of the NATO legal community toward the role of Article 4 during the 70-year history of the North Atlantic Alliance. This Article considers newly declassified materials that reflect the multiple stages of negotiation that took place during the drafting of Article 4. Additionally, this Article discusses the intention of the drafters and the priority to ensure that Article 4 properly addressed the concerns and intended responses authorized by Article 4. Lastly, this Article highlights how the Parties to the North Atlantic Treaty have relied on Article 4 to guide actions and policies.

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The North Atlantic Alliance and Collective Defense at 70: Confession and Response Revisited

Michael N. Schmitt | 34 Emory Int'l L. Rev. 85 (2019)

The North Atlantic Treaty was largely a response to global sentiment that other international organizations, namely the United Nations, were not accomplishing their intended purpose of the maintenance and promotion of peace and order in the world. This had a magnifying effect due to the global trauma and destruction that had been witnessed by the world following World War II. This Article visits the realities of history that led to the formation of NATO as a collective measure for self-defense and the effectiveness it had as a response to global concern of peace preservation. Importantly, this Article analyzes the substantive military functioning articles of the North Atlantic Treaty, namely Article 5. This Article serves to provide a reflection on the instability and overwhelming concerns that motivated the creation of NATO and its rippling effect felt globally as a responsory action. Lastly, this Article positions collective self-defense in the context off issues faced in 2019 and how it serves to respond to them.

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Scope and Historical Developments of Article 6

Antoaneta Boeva & Ivan Novotny | 34 Emory Int'l L. Rev. 121 (2019)

The North Atlantic Treaty established NATO for multiple purposes including a collective self-defense alliance. Only one of the articles under the North Atlantic Treaty has been amended in the 70-year history of the North Atlantic Treaty, this is Article 6. This Articles serves to discuss the purpose and original objectives that were in mind while drafting Article 6 in its original context. Article 6 has a unique relationship with Article 5, in that it serves to define an armed attack as used in Article 5. The Article highlights the importance of the mutual collective self-defense under NATO, as well as the scope of its application and use. This Article goes on to discuss the different limitations under Article 6 and the events and changing global landscape that led to the amending of Article 6 under the North Atlantic Treaty.

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The North Atlantic Treaty and Its Relationship to Other “Engagements” of Its Parties—A Commentary on Article 8

Károly Végh | 34 Emory Int'l L. Rev. 135 (2019)

The North Atlantic Treaty is meant to serve as a contractual relationship between all of its members. Article 8 of the North Atlantic Treaty serves to act as a provision in this contract to make sure that the North Atlantic Treaty is the highest priority governing treaty authority. Article 8 addresses the event that other international treaties come into conflict with its provisions and values it is designed to promote. This Article gives an overview on the drafting of Article 8 and the ideas and intents that went into its construction. Further this Article, provides legal commentary on the effect that Article 8 has on the members of NATO and the commitments that each has to one another. This Article provides an analysis of Article 8 in practice and how it can be seen binding the members of NATO to its authority.

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The North Atlantic Treaty: Article 9 and NATO’s Institutionalization

Andrés B. Muñoz Mosquera | 34 Emory Int'l L. Rev. 149 (2019)

NATO serves as a community of interests that takes into consideration the recommended matters and concerns of its members. Article 9 of the North Atlantic Treaty serves to frame the views and interest of NATO in line with that of the United Nations Charter under Article 51. This Article provides legal commentary on the institutional frameworks that have been put in place to further the goals of the North Atlantic Treaty. This is done through the appropriate procedures and structures that are identified in this Article. The multiple subsidiary bodies of NATO and its relation to other international organizations is discussed, along with the relationship between Article 9 and other articles under the North Atlantic Treaty. Additionally, Article 9 serves as an enabler provision that provides a basis for the implementation of the needed structural procedures to carry out the collective goals and values of NATO internationally.

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The North Atlantic Treaty at 70—Article 10

Nick Minogue | 34 Emory Int'l L. Rev. 165 (2019)

The North Atlantic Treaty was not made with the intention of limiting its membership to the original Parties that made up the North Atlantic Alliance in 1949. This Article seeks to address the importance of the authority that Article 10 grants the North Atlantic Alliance to invite new parties to the treaty that uphold the ideas and values it was founded upon. This Article addresses the negotiations and intent of the drafters when coming together to create Article 10. Further, this Article analyzes the process that parties must go through in order to be established as a new member to the North Atlantic Alliance. This Article also addresses certain cases in the global landscape today where certain parties desire to be added as new members to the North Atlantic Treaty, and the issues and concerns that are analyzed during the consideration process.

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