خلاصة:
Nord Stream 2 is a pipeline built to transmit gas from Russia to Germany through the Baltic Sea. Between December 2019 to May 2021, the United States government sanctioned offshore units and related natural and legal persons by implementing the national defense authorization act for the fiscal year 2020, which as a result, closed an 11-billion-dollar project. What comes to mind in this connection is the possibility of a contradiction between this action and the previous commitments of this government. In this article, using the descriptive-analytical method and the use of library resources, it has been proven that the implementation of the National Defense Authorization Act for the fiscal year 2020 with the obligations of the United States of America to the United Nations Charter due to the lack of a logical relationship and public agreement and trade is not inconsistent due to the previous announcement and temporary nature, but it violates the resolution 41/128 of the United Nations General Assembly, which, in view of the lack of legal obligation, despite the repeated violation of international law through unilateral sanctions, in this particular case, it cannot be The imposition of sanctions against the Nord Stream 2 pipeline claimed the international responsibility of the United States government. However, the negative effects of this action on the international legal order cannot be denied.
ملخص الجهاز:
The United States government, by implementing the National Defense Authorization Act for Fiscal Year 2020 during the period from December 2019 to May 2021, sanctioned the offshore executing units as well as the natural and legal persons associated with this pipeline, which led to the shutdown of an eleven-billion-dollar project.
In this article, using a descriptive-analytical method and utilizing library resources, it has been proven that the implementation of the National Defense Authorization Act for Fiscal Year 2020 is not in conflict with the obligations of the United States government toward the United Nations Charter due to the lack of a logical relationship and the General Agreement on Tariffs and Trade (GATT) because of its prior announcement and temporary nature; however, it violates United Nations General Assembly Resolution 41/128.
What is likely to be considered a breach of the obligation of the United States government in connection with the sanctioning of natural and legal persons related to the construction of the Nord Stream 2 pipeline returns to the principle of predictability 18 (one of the fundamental principles of the agreement), which includes providing assurance to trading parties regarding the non-change of existing conditions (Mousavi Zanouz, 1389, 79).
Conclusion From the above, it can be concluded that the action of the government of the United States in implementing the National Defense Authorization Act for Fiscal Year 2020 and sanctioning offshore entities and natural and legal persons related to the project of constructing the Nord Stream 2 gas pipeline, is not a violation of the first paragraph of Article 2 of the United Nations Charter due to the lack of a logical connection with the armed conflict between Russia and Ukraine.
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