x.com/RnaudBertrand/status/2102606070694937075
2 corrections found
The US secured a permanent military foothold that even an independent Greenland would inherit whether it likes it or not
The agreement does not make an independent Greenland automatically bound. Article XI says a future Greenlandic state would have to "agree" and "affirmatively assume" those obligations.
Full reasoning
This overstates what the treaty text does.
Article XI does not say an independent Greenland would automatically inherit the agreement whether it consented or not. It says that if Greenland becomes independent, Denmark and Greenland must ensure that the new state will "agree to remain in NATO" and "affirmatively assume" the agreement's obligations. That language presupposes the future state's consent; it is not automatic inheritance.
More generally, treaty law does not let two parties bind a future third state without that state's consent. Article 34 of the Vienna Convention on the Law of Treaties states: "A treaty does not create either obligations or rights for a third State without its consent."
So the agreement tries to require Denmark and Greenland to secure that outcome, but it does not itself make a future independent Greenland bound "whether it likes it or not."
2 sources
- AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF DENMARK TOGETHER WITH THE GOVERNMENT OF GREENLAND - The White House
Article XI: 'In case Greenland exercises its right to self-determination to become independent ... the independent Greenlandic state will (i) agree to remain in NATO ... and (ii) affirmatively assume ... all of the rights and obligations ... specified in this Agreement.'
- Vienna Convention on the Law of Treaties (United Nations Treaty Series, vol. 1155)
Article 34: 'A treaty does not create either obligations or rights for a third State without its consent.'
(i.e. Russia, China, India, the Gulf States, etc.)
This example is overbroad. Article X exempts NATO partners, and several Gulf states — Bahrain, Kuwait, Qatar and the UAE — are NATO partners.
Full reasoning
The parenthetical misstates who Article X covers.
The agreement does not bar all "Gulf States" by default. Article X applies only to states or investors from a state that is not a NATO member, not a NATO partner, and not an EU member state. NATO's own partnership pages list Bahrain, Kuwait, Qatar and the United Arab Emirates as NATO partners through the Istanbul Cooperation Initiative.
So while Russia, China and India fit the category described in Article X, saying "the Gulf States" do as well is too broad and inaccurate: several Gulf states are expressly outside the blanket restriction because they are NATO partners.
2 sources
- AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF DENMARK TOGETHER WITH THE GOVERNMENT OF GREENLAND - The White House
Article X: 'states or investors from a state that is not a member of NATO, a NATO partner, or an EU member state shall not be allowed...'
- Istanbul Cooperation Initiative | NATO Topic
'Bahrain, Kuwait, Qatar and the United Arab Emirates currently participate in the Initiative' and 'four countries ... have joined the Initiative' — NATO's partnership framework for non-NATO countries in the Gulf.