24NATO’s Science for Peace and Security Programme: Sixty Years Old, Still Going Strong, North Atlantic Treaty Organization (Nov. 29, 2018), https://www.nato.int/cps/en/natohq/news_160936.htm. Id. Econ. whereas by 2024 fewer than half of the Allies are planning to meet it. The key section of the treaty is Article 5. Does the term imply that an Ally needs to be in a position to defend itself and to repel an armed attack on its own, or does it mean that an Ally needs to be strong enough to be able to hold off an enemy until the rest of the Alliance can come to its assistance? 90See Wales Summit Declaration, supra note 57. 74See Resilience and Article 3, supra note 48. 13 Jamie Shea, What can we Learn Today from the ‘Three Wise Men’?, NATO Rev. 3. 105See Partnership for Peace Programme, North Atlantic Treaty Org. C-M(56)127 (Dec. 13, 1956), https://www.nato.int/cps/en/natohq/official_texts_17481.htm. 69Interoperability: Connecting NATO Forces, supra note 64. The Emory Law network includes 10,000+ accomplished alumni across the nation and around the world. 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. 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. It is indeed important to emphasize that the Washington Treaty aims for preservation of peace and security worldwide, not only within the North Atlantic area. 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. 2, Apr. By 2018, only eight Allies met the 2% target, 58 Ryan Heath, 8 NATO Countries to hit Defense Spending, Politico (May 7, 2018), https://www.politico.eu/article/nato-jens-stoltenberg-donald-trump-8-countries-to-hit-defense-spending-target/. In the scientific field the report discussed the important role of technology and science for the Alliance and for peace and security in general. 97 Jens Stoltenberg, Secretary General, NATO, Doorstep Statement prior to the European Union Foreign Affairs Council Meeting (Nov. 20, 2018) (on file with NATO). 101See What we Do, OSCE, https://www.osce.org/what-we-do. Finally, the OSCE’s Election Support Teams during the Afghan Presidential and Parliamentary Elections benefited from the security assistance by NATO-led International Security Assistance Force. 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. 37Id. The Enhanced Policy was further updated at the Warsaw Summit 2016, where Allies recognized cyberspace as a domain of operations, reaffirmed the principles laid down in the Enhanced Cyber Policy, and adopted the so-called ‘‘Cyber Defense Pledge.’’ 84 Press Release, NATO, Cyber Defence Pledge (July 8, 2016). NATO’s aims and objectives, such as preservation of peace and security in the North Atlantic area and worldwide, preservation of the rule of law, democracy, and freedom are pursued through a wide variety of military and non-military ways for which Articles 2 and 3 of the Washington Treaty provide a firm basis. on the forces, vessels, or aircraft of any of the Parties, when in or over these territories or any other area in Europe in which occupation forces of any of the Parties were stationed on the date when the Treaty entered into force or the Mediterranean Sea or the North Atlantic area north of the Tropic of Cancer. Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. (Jan. 10, 2018), https://www.nato.int/docu/review/2016/Also-in-2016/three-wise-men-nato-military-alliance/EN/index.htm. 53 See Alexander Mattelaer, US Leadership and NATO: Revisiting the Principles of NATO Burden-Sharing, 46 Parameters 25, 25 (2016). The North Atlantic Treaty Organisation, now with 30 members, was founded in 1949 to confront the threat of the communist Soviet Union, which broke up in 1991. 8, 2017) https://www.nato.int/cps/en/natohq/news_142025.htm?selectedLocale=en. The report called on Allies to take into account the views of other Allies when adopting national policies. Econ. In early 2003 NATO settled on only three ribbon styles - one for the NATO Meritorious Service Medal, one for Article 5 operations, and one for non-Article 5 operations. Our faculty are renowned for their innovative and dynamic teaching, and they are widely published in leading law reviews, books, and textbooks. Each Ally is encouraged to maintain and develop a strong-armed force and military equipment, capable of being deployed and capable of resisting any form of armed attack. 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. Fair burden-sharing has been at the heart of the Alliance since the beginning and came to prominence even more in the post-Cold War period, which marked a significant decline of the majority of European defense budgets. By: Daniel L. Davis July 26, 2018 . The phrase “capacity to resist armed attack” also calls for interpretation. NATO touted a significant uptick in defense spending by Canada and its European members following Trump’s years-long call for more nations to pay their fair share. In order to maintain “peaceful and friendly relations,” Allies also committed to engage in economic collaboration. The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promoting conditions of stability and well-being. 7, 2016), https://www.nato.int/cps/en/natolive/topics_69332.htm. 89Id. 15The Three Wise Men Report and the Origins of the NATO Science for Peace and Security Programme, North Atlantic Treaty Organization (Dec. 13, 2016), https://www.nato.int/cps/en/natohq/news_139363.htm. Ability to make decisions, communicate and enforce them in a crisis. 2241, 34 U.N.T.S. 16Id. 3. L, North Atlantic Treaty, 81st Cong., 1st Sess. The Rapid Reaction Teams tool might be seen as an example of “mutual aid.’ Id. The Preamble of the Washington Treaty speaks of peace, freedom, human rights, democracy, common heritage, individual liberty and the rule of law. 12The Drafting of the Treaty, supra note 3, at 9. All in all, by cherishing the values of a free, prosperous, and progressive society, the Washington Treaty was also conceived as a strong antipode to communism. at 28, 33. 21 N. Atlantic Treaty Org. Taking into account that NATO embodies military cooperation among Allies, Allies should not make sure only to have well-equipped and operational armed forces but also, they have to ensure that they are interoperable among them. In essence, the phrase indicates that resilience of the Alliance against armed attack can be best achieved through individual and common effort. Mag. 21 N. Atlantic Treaty Org. Especially, the field of operations has been at the heart of NATO-U.N. cooperation. (Nov. 18, 2011), https://www.nato.int/cps/en/natohq/topics_58787.htm?selectedLocale=en; Euro-Atlantic Partnership Council, North Atlantic Treaty Org. Mag. See NATO Rapid Reaction Team to Fight Cyber Attack, North Atlantic Treaty Organization (Mar. In this respect, interoperability is another very important capability envisioned under Article 3 of the Washington Treaty. NATO’s interoperability policy defines the notion as ‘‘the ability of Allies to act together coherently, effectively and efficiently to achieve tactical, operational and strategic objectives.’’ 64Interoperability: Connecting NATO Forces, North Atlantic Treaty Org. 88 NATO, Framework for NATO Industry Engagement ¶ 8.1 (2013). Inter-American Treaty on Reciprocal Assistance, Sept. 2, 1947, 21 U.N.T.S. 56See id. 17Id. 73 Press Release, NATO, Commitment to Enhance Resilience (July 8, 2016). 78 Wales Summit Declaration, supra note 57 ¶¶ 72–73. Finally, the report recommended the creation of a NATO Committee of Economic Advisers, which was eventually created in 1957. 121,133 (2018). The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area. 92 It is indeed important to emphasize that the Washington Treaty aims for preservation of peace and security worldwide, not only within the North Atlantic area. The general reference to capacity as well as the article’s initial general reference “to achieve the objectives of [the] Treaty” 47Id. In NATO’s Article 3, the member states commit to ‘continuous and effective self-help and mutual aid, [and] will maintain and develop their individual and collective capacity to resist armed attack’. Over the years, NATO has strived to establish close and genuine cooperation with these entities. The reference to “the security of the North Atlantic area” turned out to be deemed inappropriate to the founding Allies, as they believed that “self-help and mutual aid” apply to the Treaty as a whole, and not only to “the security of the North Atlantic area.” 32Id. at 11. 67 The very first STANAGs recognized the importance of a common language for interoperability purposes. 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