8

Prof. Jeffrey Sachs of Columbia University gave an interview to Tucker Carlson recently, in which he stated (25:45 into the interview):

The US had promised, unequivocally, to the Soviet Union, in the context of German unification, as of February 1990, that NATO would not move one inch eastward.

But how could such a promise be given without a vote in Congress?

1
  • Comments have been moved to chat; please do not continue the discussion here. Before posting a comment below this one, please review the purposes of comments. Comments that do not request clarification or suggest improvements usually belong as an answer, on Law Meta, or in Law Chat. Comments continuing discussion may be removed. Commented Sep 26, 2025 at 14:45

3 Answers 3

21

Even an act of Congress or a treaty with Russia can't guarantee that NATO will not be expanded.

Any law that Congress passes and is signed into law can be later undone by a future law that Congress passes and is also signed into law.

Regarding a treaty, any that is entered into can later be made null if they choose to leave it.

2
  • 2
    Also: Trump has threatened at least once to leave NATO, at which point the USA would have no direct control over what the remaining NATO members decided. Commented Aug 29, 2025 at 6:57
  • 1
    @MikeB And Congress passed a bill preventing him from doing that on his own near the end of the Biden years out of fear that he would do precisely that. Commented Aug 29, 2025 at 12:31
17

[Completely ignoring your example and just answering the general question]

By making that empty promise

Now, a lot of countries and negotiations come to terms & treaties that technically need internal (re-)approval, this is common practice.

Why does it (usually) work? Because even moderately opposed politicians value the international integrity of their promises over minor disagreements, so this kind of promises/treaties has an incredibly high chance of passing. Additionally, any skilled negotiator or official will of course only promise what they know has a decent chance of getting passed.

This however requires a political system and landscape that cares in some way about it's international reputation, which is why a breaking of such promises pretty much always falls into 4 categories:

  1. The promise was made by a nation known for ignoring signed treaties and promises like Russia and the US
  2. The promise was made under significant duress or pressure
  3. The country is highly politically unstable
  4. the situation changes in an unpredictable way

Since all of those are easy to ascertain, it's upon the "receiving" nation to determine the validity and value of such promises, aka how much it can rely on these words. The important part is that it doesn't matter whether the internal approval happens or not, any of these criteria can lead to promises/treaties being broken anyway. Depending on the signer and point in time, a signed treaty can be as valuable as a ratified one and a ratified one can be as worthless as a post meal napkin. One additional factor is the international community whose pressure can elevate the value of a signature far above the ratification itself (or the other way around if major powers oppose the treaty signed/ratified).

Option B: Lying

You can make all kinds of promises if you absolutely don't care (see category 1 in the list above)

7
  • Which signed treaties has the US violated? Commented Aug 31, 2025 at 6:02
  • @MWB en.wikipedia.org/wiki/… just as a first one from the top of my hat. Sure, legally they "withdrew" instead of violating it but this question is in regards to promises made and through that lense, both actions are equal. Then there's the ton of treaties with the varying Native American tribes which were frequently broken on a whim or replaced by new ones signed under heavy duress. Commented Sep 1, 2025 at 10:06
  • Also note how #1 said "signed treaties" as opposed to ratified, as the US broke surprisingly few ratified treaties, but it's political system systematically ignores expectations of ratification and has done so for a long time: qz.com/1273510/… thus the nation can easily be categorised under #1 because you cannot trust that it will uphold (or even ratify ratify) a signed treaty. If you're a native tribe you can't even count on them upholding ratified treaties, although that has improved recently. Commented Sep 1, 2025 at 10:10
  • 1
    Good catch on the 3-4 categories though, I added the "significantly changing situation" a bit later in the writing process and forgot to update, thanks, I thought about not updating it because the list breaking the promise of having 3 entries is kinda funny Commented Sep 1, 2025 at 10:11
  • "the US broke surprisingly few ratified treaties" -- Are they really "treaties" if they are not ratified? Commented Sep 1, 2025 at 19:49
-2

You're illustrating the problem: the US can't make a legally binding promise without a vote in congress. But Gorbachev apparently opted to trust Western leaders anyway.

Compare: suppose your roommate tries to borrow your car. You ask them what happens if they crash the car, and they say they'll pay for the repairs. You agree to lend them your car, and they crash it. Afterwards when you call them for payment, they say "We never signed a contract. I have no obligation to pay."

Legally it's possible their argument might hold water. In practice they'll cease to be your friend, regardless of what the legal result is. That's a close parallel to NATO expansion: it is why some people think Gorbachev's big mistake was not to get the promise in writing.

1
  • Comments have been moved to chat; please do not continue the discussion here. Before posting a comment below this one, please review the purposes of comments. Comments that do not request clarification or suggest improvements usually belong as an answer, on Law Meta, or in Law Chat. Comments continuing discussion may be removed. Commented Aug 27, 2025 at 12:05

You must log in to answer this question.

Start asking to get answers

Find the answer to your question by asking.

Ask question

Explore related questions

See similar questions with these tags.