ABSTRACT
This chapter discusses Berlin Plus Agreement and It was instantly hailed by the press as a break through in EU-NATO relations. The aspect was added as a fourth point to the three cornerstones of a future Berlin Plus agreement identified by the EU at Nice. The general considerations relating to the law of treaties made with regard to the EU-NATO exchange of letters of 24 January 2001-11-1 apply as well to the Berlin Plus agreement. A treaty under international law requires the following characteristics: subjects an adequate form, a meeting of the minds, consent to be bound by its contents, and treaty-making power. Indeed, in the time preceding the conclusion of the Berlin Plus agreement, such military support from NATO to the EU was expected to be eventually realised through conclusion of a binding international agreement. In conclusion, there is no duty on either party arising out of regional customary international law which would oblige them to adhere to the contents of Berlin Plus agreement.
