Abrogation of 1997 NATO Partnership Agreement with Russia urgently required — With excerpts from and link to text of Foundational Act

The NATO-Russia partnership agreement was signed in 1997, when the Russian Federation was viewed as a post-war friend.

That was before Russia under Vladimir Putin morphed into an authoritarian state pusuing policies of military aggression and annexation of conquered territories.

Pertinent sections of the Founding Act are reproduced below:

Founding Act on Mutual Relations, Cooperation and Security between NATO and the Russian Federation signed in Paris, France, 27 May. 1997

I. Principles

Proceeding from the principle that the security of all states in the Euro-Atlantic community is indivisible, NATO and Russia will work together to contribute to the establishment in Europe of common and comprehensive security based on the allegiance to shared values, commitments and norms of behaviour in the interests of all states. NATO and Russia will help to strengthen the Organisation for Security and Cooperation in Europe, including developing further its role as a primary instrument in preventive diplomacy, conflict prevention, crisis management, post-conflict rehabilitation and regional security cooperation, as well as in enhancing its operational capabilities to carry out these tasks. The OSCE, as the only pan-European security organisation, has a key role in European peace and stability. In strengthening the OSCE, NATO and Russia will cooperate to prevent any possibility of returning to a Europe of division and confrontation, or the isolation of any state.

To achieve the aims of this Act, NATO and Russia will base their relations on a shared commitment to the following principles:

*development, on the basis of transparency, of a strong, stable, enduring and equal partnership and of cooperation to strengthen security and stability in the Euro-Atlantic area;

*acknowledgement of the vital role that democracy, political pluralism, the rule of law, and respect for human rights and civil liberties and the development of free market economies play in the development of common prosperity and comprehensive security;

*refraining from the threat or use of force against each other as well as against any other state, its sovereignty, territorial integrity or political independence in any manner inconsistent with the United Nations Charter and with the Declaration of Principles Guiding Relations Between Participating States contained in the Helsinki Final Act;

*respect for sovereignty, independence and territorial integrity of all states and their inherent right to choose the means to ensure their own security, the inviolability of borders and peoples’ right of self-determination as enshrined in the Helsinki Final Act and other OSCE documents;

*mutual transparency in creating and implementing defence policy and military doctrines;

*prevention of conflicts and settlement of disputes by peaceful means in accordance with UN and OSCE principles;

*support, on a case-by-case basis, of peacekeeping operations carried out under the authority of the UN Security Council or the responsibility of the OSCE.

Russia has through its invasions of the Ukraine and annexation of the Crimea torn up this Founding Agreement.

The assumptions on which was based are no longer valid.

As NATO rubs its eyes and starts to perceive the fact that Russia has become an enemy which rejects the foundational principles of the U.N. Charter and the most basic principles of international law, it should immediately suspend all activities under the partnership agreement, and give notice of abrogation of this agreement with the Russian Federation, to take effect in six months.

NATO needs to focus on and respond to current realities, and jettison illusions based on assumptions which are no longer valid, and hopes for possibilities which no longer exist.

Putin and Russia have become the enemy of the NATO countries.

The sooner that fact is recognized, and acted upon, the sooner the citizens of NATO countries will take the steps necessary to safeguard their own security.

The Trenchant Observer

About the Author

The Observer
"The Trenchant Observer" is edited and published by The Observer, an international lawyer who has taught International Law, Human Rights, and Comparative Law at major U.S. universities, including Harvard, Brandeis, the University of Pittsburgh, and the University of Kansas. He is a former staff attorney at the Inter-American Commission on Human Rights of the Organization of American States (IACHR), where he was in charge of Brazil, Haiti, Mexico and the United States, and also worked on complaints from and reports on other countries including Argentina, Chile, Uruguay, El Salvador, Nicaragua, and Guatemala. As an international development expert, he has worked on Rule of Law, Human Rights, and Judicial Reform in a number of countries in Latin America, the Caribbean, Africa, the Middle East, South Asia, and the Russian Federation. In the private sector, The Observer has worked as an international attorney for a leading national law firm and major global companies, on joint ventures and other matters in a number of countries in Europe (including Russia and the Ukraine), throughout Latin America and the Caribbean, and in Australia, Indonesia, Vietnam, China and Japan. The Trenchant Observer blog provides an unfiltered international perspective for news and opinion on current events, in their historical context, drawing on a daily review of leading German, French, Spanish and English newspapers as well as the New York Times, the Wall Street Journal, the Washington Post, and other American newspapers, and on sources in other countries relevant to issues being analyzed. The Observer speaks fluent English, French, German, Portuguese and Spanish, and also knows other languages. He holds an S.J.D. or Doctor of Juridical Science in International Law from Harvard University, and a Doctor of Law (J.D.) and a Master of the Science of Law (J.S.M.), from Stanford University. As an undergraduate, he received a Bachelor of Arts degree, also from Stanford, where he graduated “With Great Distinction” (summa cum laude) and received the James Birdsall Weter Prize for the best Senior Honors Thesis in History. In addition to having taught as a Lecturer on Law at Harvard Law School, The Observer has been a Visiting Scholar at Harvard University's Center for International Affairs (CFIA). His fellowships include a Stanford Postdoctoral Fellowship in Law and Development, the Rómulo Gallegos Fellowship in International Human Rights awarded by the Inter-American Commission on Human Rights, and a Harvard MacArthur Fellowship in International Peace and Security. Beyond his articles in The Trenchant Observer, he is the author of two books and numerous scholarly articles on subjects of international and comparative law. Currently he is working on a manuscript drawing on the best articles that have appeared in the blog.

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