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Russia Argues Enhanced Military Presence in Europe Violates NATO-Russia Agreement; United States Criticizes Russian Military Maneuvers over the Baltic Sea as Inconsistent with Bilateral Treaty Governing Incidents at Sea

Published online by Cambridge University Press:  20 January 2017

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 110 , Issue 3 , July 2016 , pp. 562 - 567
Copyright
Copyright © American Society of International Law 2016

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References

1 Founding Act on Mutual Relations, Cooperation and Security between NATO and the Russian Federation, N. Atl. Treaty Org.-Russ., May 27, 1997, 36 ILM 1006 [hereinafter Founding Act].

2 Agreement Between the Government of the United States of American and the Government of the Union of Soviet Socialist Republics on the Prevention of Incidents on and over the High Seas, U.S.-Soviet Union, May 25, 1972, 23 UST 1168 [hereinafter INCSEA Treaty].

3 See Nash, Marian (Leich), Contemporary Practice of the United States, 92 AJIL 494, 495–96 (1998)Google Scholar; Gordon, Michael R., Russia Agrees to NATO Plan Pushed by Clinton to Admit Nations From Eastern Bloc, N.Y. Times, May 15, 1997, at A18Google Scholar; The White House Press Release, Fact Sheet, NATO Russia Founding Act (May 27, 1997), at http://clinton6.nara.gov/1997/05/1997-05-27-fact-sheet-on-nato-russia-founding-act.html.

4 See, e.g., Founding Act, supra note 1 (“The North Atlantic Treaty Organization and its member States, on the one hand, and the Russian Federation, on the other hand,... based on an enduring political commitment undertaken at the highest political level, will build together a lasting and inclusive peace in the Euro-Atlantic area on the principles of democracy and cooperative security.”) (emphasis added).

5 The White House Press Release, Remarks by President Clinton, French President Chirac, Russia President Yeltsin, and NATO Secretary General Solanaat NATO/Russia Founding Act Signing Ceremony (May 27, 1997), at https://clinton4.nara.gov/WH/New/Europe/19970527-814.html; see also Gordon, supra note 3; sohn, Jack Mendel, The NATO Russian Founding Act, Arms Control Association (May 1, 1997), at https://www.armscontrol.org/act/1997_05/jm Google Scholar.

6 Treaty on Conventional Armed Forces in Europe, Nov. 19, 1990, S. Treaty Doc. 102–08, 30 ILM 1 (establishing limits on the conventional military equipment that the state parties to the Treaty of Washington and the Treaty of Warsaw may station in Europe).

7 Organization for Security and Co-operation in Europe [OSCE], Vienna Document 1994, OSCE Doc. FSC/2/95 (Nov. 28, 1994) (establishing security confidence building measures between the member states of the Conference on Security and Co-operation in Europe).

8 Founding Act, supra note 1.

9 U.S. Dep’t of State Press Release, Telephonic Press Briefing on the European Reassurance Initiative, Major General David W. Alvin, Director of Strategy and Policy U.S. European Command (Feb. 29, 2016), at http://www.state.gov/r/pa/ime/useuropeanmediahub/transcripts/2016/253810.htm [hereinafter Major Alvin Briefing]; see also The White House Press Release, Statement by the President on the FY2017 European Reassurance Initiative Budget Request (Feb. 2, 2016), at https://www.whitehouse.gov/the-press-office/2016/02/02/statement-presiden t-fy2017-european-reassurance-initiative-budget (announcing a four-fold increase in ERI funding for fiscal year 2017).

10 See Alvin Briefing, supra note 9.

11 U.S. Dep’t of State Press Release, Telephonic Press Briefing with Ambassador Douglass Lute, U.S. Permanent Representative to NATO (Feb. 9, 2016), at http://www.state.gov/r/pa/ime/useuropeanmediahub/transcripts/20 16/252314.htm.

12 N. Atl. Treaty Org. Press Release, NATO Boosts its Defence and Deterrence Posture (Feb. 11, 2016), at http://www.nato.int/cps/en/natohq/news_127834.htm.

13 Id.

14 Jens Stoltenberg, Sec’y Gen., N. Atl. Treaty Org., Pre-Ministerial Press Conference (June 13, 2016), at http://www.nato.int/cps/en/natohq/opinions_132272.htm.

15 Sergey Lavrov, Foreign Minister of Russia, Address at the Fifth Moscow Conference on International Security (Apr. 27, 2016), at http://www.mid.ru/en/web/guest/foreign_policy/international_safety/disarmament/-/asset_publisher/rp0fiUBmANaH/content/id/2256120.

16 Interview with Sergey Lavrov, Foreign Minister of Russia, in Moscow, Russia (Apr. 28, 2016), at Hyperlink http://www.mid.ru/en/foreign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/id/2258885 [hereinaf ter Lavrov Interview]; see also Interview with Alexander Grushko, Russian Permanent Representative to NATO (May 31, 2016), at http://www.mid.ru/en/web/guest/nota-bene/-/asset_publisher/dx7DsH1WAM6w/content/id/2297957.

17 Jens Stoltenberg, Sec’y Gen., N. Atl. Treaty Org., Press Conference with Members of the Bundespressekon ferenz “The Warsaw Summit – Adapting NATO in Turbulent Times” (June 2, 2016), at http://www.nato.int/cps/en/natohq/opinions_131901.htm.

18 Id.

19 Id.

20 Id.

21 See supra text accompanying note 8.

22 Toomas Hendrik Ilves, President of Estonia, Press Conference with President Barack Obama (Sept. 3, 2014), at https://www.whitehouse.gov/photos-and-video/video/2014/09/03/president-obama-holds-press-conference-president-ilves-estonia.

23 Id.

24 Ashton Carter, U.S. Sec’y of Defense, Remarks at Atlantik Brücke: “U.S., Germany, & NATO Are Moving Forward Together” (June 22, 2015), at http://www.defense.gov/News/Speeches/Speech-View/Article/606684 [hereinafter Secretary Carter Remarks]; Founding Act, supra note 1.

25 Secretary Carter Remarks, supra note 24.

26 U.S. Dep’t of Defense Press Release, Navy Ship Encounters Aggressive Russian Aircraft in Baltic Sea (Apr. 13, 2016), at http://www.defense.gov/News-Article-View/Article/720536/navy-ship-encounters-aggressive-russian-aircraft-in-baltic-sea [hereinafter Dep’t of Defense Press Release].

27 Id.

28 U.S. Dep’t of Defense Press Release, NATO-Russia Council to Meet for First Time Since 2014 (Apr. 19, 2016), at http://www.defense.gov/News-Article-View/Article/737397/nato-russia-council-to-meet-for-first-time-since-2014; Sophie Tatum & Barbara Starr, Russia Denies Wrongdoing After Jet Barrel-rolls over U.S. Aircraft, CNN (Apr. 17, 2016), at http://www.cnn.com/2016/04/16/politics/russian-jet-barrel-rolled-us-aircraft/.

29 Starr, Barbara, Russians ‘Barrel Roll’ over Another U.S. Air Force Plane, CNN (Apr. 29, 2016), at http://www.cnn.com/2016/04/29/politics/russians-barrel-roll-air-force-plane/ Google Scholar; US Accuses Russia over Baltic Jet Manoeuvre, BBC (Apr. 29, 2016), at http://www.bbc.com/news/world-us-canada-36175973.

30 Bureau of International Security and Nonproliferation, Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on the Prevention of Incidents On and Over the High Seas, U.S. Dep’t of State, at http://www.state.gov/t/isn/4791.htm (last visited July 15, 2016).

31 INCSEA Treaty, supra note 2.

32 The White House Press Release, Press Briefing by Press Sec’y Josh Earnest (Apr. 14, 2016), at https://www.whitehouse.gov/the-press-office/2016/04/14/press-briefing-press-secretary-josh-earnest-41416.

33 U.S. Dep’t of State Press Release, Secretary Kerry’s Phone Call With Foreign Minister Lavrov (Apr. 15, 2016), at http://www.state.gov/r/pa/prs/ps/2016/04/255870.htm.

34 Dep’t of Defense Press Release, supra note 6.

35 USS Donald Cook was About 70 km from Russian Navy Base When Warplanes Passed it, TASS Russ. News Agency (Apr. 14, 2016), at http://tass.ru/en/defense/869555 [hereinafter Russ. News Agency]; see also Lavrov Interview, supra note 16 (“The Russian aircraft were on a legitimate training flight in this area, which is high seas airspace. They saw a heavily armed US destroyer approaching a Russian military base and decided to take a closer look. As soon as they saw who it was, with the fly-by happening at a safe distance, they turned back and continued their flight.”).

36 Russ. News Agency, supra note 35.

37 Lavrov Interview, supra note 16.