The Deal…For Ukraine

The complex interdependence of security and resource exchanges underscores the fundamental nature of international relations, where states, regardless of ideological orientation, navigate their survival through strategic alliances and pragmatic trade-offs.

9 mins read
President Trump [White House]

Alexander Hamilton wrote in The Federalist: “ The violent destruction of life and property incident to war, the continual effort and alarm attendant on a State of continual danger, will compel the nations the most attached to liberty to resort for proper repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free”.

Whether or not this statement has a relevance to current international politics, the essential theme – that of a barter of freedom for security – has been a perennial historical fact, as discussed below. But first for the deal.

The Deal

A contemporary and controversial instance of such an exchange occurred in 2019, when then-President Donald Trump engaged in discussions with Ukrainian President Volodymyr Zelensky regarding military aid. The conversation between the two leaders, later the subject of intense scrutiny, revealed an implicit offer wherein Trump reportedly conditioned the release of critical military assistance on Ukraine’s willingness to investigate matters related to former Vice President Joe Biden and his son Hunter Biden. At stake was nearly $400 million in military aid that Ukraine desperately needed to counter Russian aggression. The strategic significance of this exchange lay in Ukraine’s dire security situation, reliant on Western support to maintain its sovereignty against ongoing incursions. The fundamental dynamics of this offer, though not formalized into an explicit treaty, followed historical patterns where security assurances were leveraged for political or material gain. The controversy surrounding the exchange underscored the delicate balance between legitimate security agreements and coercive diplomacy, with the latter raising serious ethical and legal questions about the nature of conditional security assistance.

The latest development was  the  proposed agreement between President Donald Trump and President Volodymyr Zelensky, which was scheduled for signing on 28 February 2025 and was aborted as a consequence of  a contentious exchange of words between the President and Vice President of The United States (jointly) and the President of Ukraine.   The participants had convened with the objective of advancing discussions on continued support for Ukraine, particularly within the framework of a comprehensive agreement concerning the exploitation of critical minerals. Central to Ukraine’s position in these negotiations was the pursuit of a cooperative arrangement that would not merely facilitate the transfer of its natural resources but would, more importantly, provide concrete security assurances in the face of persistent external threats. The Ukrainian delegation, cognizant of the broader geopolitical imperatives at play, sought to establish a reciprocal partnership predicated on mutual benefit rather than unilateral concessions.

The contours of the proposed agreement envisioned the creation of a joint investment fund dedicated to the reconstruction of Ukraine’s war-stricken infrastructure. In this regard, the United States would secure privileged access to Ukraine’s reserves of rare earth minerals, a resource of paramount significance in contemporary technological and defense industries. As a fundamental component of the arrangement, Ukraine had committed to allocating half of the projected revenues derived from these mineral resources into the investment fund, ensuring a sustainable mechanism for economic recovery while simultaneously maintaining a vested American interest in Ukraine’s stability. The negotiations were conducted within the broader framework of a delicate balancing act, wherein American support for Ukraine’s military resilience was intricately interwoven with parallel diplomatic initiatives aimed at brokering an understanding between President Zelensky and President Putin. The agreement, therefore, sought not only to reinforce Ukraine’s defensive posture but also to navigate the intricate landscape of great-power diplomacy, ensuring that the imperatives of security and economic sustainability were addressed in tandem with broader strategic

History of Security Guarantees

Throughout history, the interplay between security and resources has manifested in a complex web of agreements between nations, where the fundamental principle of quid pro quo has dictated the conduct of sovereign states. The transactional nature of such agreements underscores the pragmatic realities of international relations, where security is often exchanged for tangible assets, be it land, minerals, trade rights, or other critical resources that hold economic or strategic value. The nature of these arrangements, whether through formal treaties or implicit understandings, is dictated by the geopolitical imperatives of the time, the relative power of the entities involved, and the overarching need for survival in an environment often defined by realpolitik.

One of the more striking examples of such an arrangement is found in the historical precedent of the Anglo-Persian Oil Company and the relationship between Britain and Persia in the early twentieth century. In 1901, Persia granted William Knox D’Arcy the right to explore and extract oil in exchange for financial compensation. As the strategic importance of oil became evident in the lead-up to World War I, Britain, through a controlling stake in the company, effectively ensured its access to Persian oil reserves while simultaneously extending its influence over the region. The protection that Persia sought against both internal dissent and external pressures was met with British assurances, though these assurances were often self-serving, ensuring British dominance in the energy sector and regional security. The resulting dynamic left Persia in a state of economic dependency, with Britain exerting significant control over its resources in exchange for military and political backing.

The echoes of such arrangements are found in the post-World War II security agreements between the United States and Saudi Arabia. In 1945, the United States, recognizing the strategic importance of Middle Eastern oil, entered into a tacit understanding with the Saudi monarchy. President Franklin D. Roosevelt’s meeting with King Abdulaziz aboard the USS Quincy cemented an agreement wherein the United States would provide security to the Saudi kingdom in return for preferential access to its vast oil reserves. This arrangement formed the bedrock of a long-standing alliance that persisted through the Cold War and into the twenty-first century, ensuring American dominance in global energy markets while reinforcing Saudi security against external aggression and internal threats. The implications of this arrangement were profound, influencing not only regional politics but also global economic stability, particularly as oil became the lifeblood of industrial economies worldwide.

The strategic interplay of security for resources was also evident in the Cold War-era agreements between the Soviet Union and its client states. A particularly pertinent example is the relationship between Cuba and the Soviet Union. In the aftermath of the Cuban Revolution, Fidel Castro sought protection against the existential threat posed by the United States. The Soviet Union, recognizing Cuba’s geographical proximity to the United States as a strategic advantage, extended military protection to the island in exchange for access to Cuban sugar, nickel, and a foothold in the Western Hemisphere. This arrangement was solidified through the placement of Soviet nuclear missiles on Cuban soil in 1962, leading to the Cuban Missile Crisis. Although the crisis was ultimately diffused, the underlying security-resource exchange endured, with Cuba receiving Soviet military aid, economic assistance, and guarantees of protection in return for continued alignment with Soviet interests.

Another critical manifestation of such arrangements was the Compact of Free Association between the United States and several Pacific island nations, including the Marshall Islands, Palau, and the Federated States of Micronesia. Under the terms of this agreement, these nations granted the United States extensive military access and control over strategic territories in the Pacific, including missile testing ranges and naval bases, in return for economic assistance and security assurances. The U.S. presence in these regions was not merely defensive but served broader strategic interests in countering potential adversaries in the Pacific, reinforcing its influence over vital maritime routes, and ensuring a forward military posture in the face of geopolitical shifts. For the island nations involved, the arrangement provided a measure of security against regional threats while also raising concerns about sovereignty and dependency.

The historical record further reveals the enduring relevance of such arrangements in Africa, where colonial and post-colonial engagements often centered around the provision of security in exchange for resource access. A stark example is found in France’s continued military involvement in its former colonies under the guise of defense agreements. In the case of Chad and other Francophone nations, France maintained military bases and provided military assistance in exchange for privileged access to uranium and other minerals critical to France’s nuclear energy program. This arrangement underscored the dual nature of such security agreements, where the recipient nation sought protection from insurgencies and regional conflicts while the providing power ensured a continued economic and strategic advantage.

The dynamic of security-for-resources agreements is further exemplified in modern times by China’s increasing involvement in Africa through its Belt and Road Initiative. While not always explicit in the traditional sense, China’s security commitments, often in the form of infrastructure development, peacekeeping contributions, and political backing, are intricately linked to its access to Africa’s vast mineral wealth, including cobalt, lithium, and rare earth elements essential for technological advancement. The presence of Chinese-funded infrastructure projects, coupled with growing military cooperation, suggests a contemporary iteration of historical agreements where resource-rich but militarily vulnerable states seek security and economic stability in exchange for granting access to their natural wealth.

The complex interdependence of security and resource exchanges underscores the fundamental nature of international relations, where states, regardless of ideological orientation, navigate their survival through strategic alliances and pragmatic trade-offs. These arrangements, though often framed as mutually beneficial, tend to favor the more powerful entity, reinforcing asymmetrical dependencies and long-term geopolitical implications. The recurring pattern of such agreements reflects an enduring reality: security is not merely a function of military strength but is inextricably tied to economic resources and the ability of a nation to leverage its assets in pursuit of stability and sovereignty. The intricate dance of diplomacy and strategic interests ensures that as long as resources remain critical to power, the exchange of security for material wealth will remain an indelible feature of global politics.

My Take

The exchange of security guarantees by the United States for access to the resources of another state or territory has been a subject of both constitutional debate and extensive political discourse. The foundational legal principles governing such arrangements stem from the Constitution itself, which vests in the President the authority to conduct foreign policy, negotiate treaties, and command the armed forces, while reserving to Congress the power to regulate commerce and allocate funding for military engagements. Within this framework, agreements involving the extension of military protection in exchange for economic concessions must navigate the delicate balance between executive discretion and legislative oversight, an issue that has been recurrent in American diplomatic history.

The Federalist Papers, particularly those penned by Alexander Hamilton and James Madison, offer insight into the philosophical and practical underpinnings of such exchanges. In Federalist No. 24, Hamilton asserts that “the United States ought not to be precluded from establishing in time of peace the necessary precautions to guard against war,” which implies a necessity to engage in strategic arrangements that fortify national security through proactive measures. Similarly, in Federalist No. 41, Madison acknowledges that “security against foreign danger is one of the primitive objects of civil society,” suggesting that external alliances and defense agreements are indispensable to national preservation.

The historical record reveals multiple instances where security assurances were explicitly or implicitly conditioned on economic considerations. The Mutual Defense Assistance Act of 1949, for example, facilitated American military aid to key allies in exchange for economic cooperation, reinforcing the notion that security partnerships often transcend purely military imperatives. The Carter Doctrine of 1980 further cemented this precedent by unequivocally linking the security of the Persian Gulf—and by extension, access to its vast oil reserves—to American military intervention, an assertion underscoring the inextricable relationship between security guarantees and resource access.

The constitutional discourse surrounding such agreements is rooted in the principle that any executive commitment necessitating a prolonged military presence or financial expenditure must align with congressional prerogatives. Article I, Section 8 of the Constitution explicitly grants Congress the power “to raise and support armies” and “to regulate commerce with foreign nations,” thereby ensuring that no executive accord can unilaterally encumber American military or economic resources without legislative approval. This tension is exemplified in debates surrounding the War Powers Resolution of 1973, which sought to curtail executive overreach in military engagements, including those that implicitly or explicitly involve resource-driven security agreements.

The interplay between constitutional authority and realpolitik is further elucidated in judicial precedents. In Youngstown Sheet & Tube Co. v. Sawyer (1952), the Supreme Court underscored the limitations of executive power in the absence of explicit congressional authorization, a ruling that, by extension, raises critical questions regarding the legitimacy of security-resource exchanges orchestrated solely through executive action. Likewise, in Medellín v. Texas (2008), the Court reaffirmed the principle that international agreements lacking formal congressional endorsement do not inherently possess domestic legal authority, reinforcing the necessity of legislative involvement in any long-term security arrangement involving economic trade-offs.

From a broader analytical perspective, the strategic calculus underlying security-for-resource agreements is reflective of the shifting paradigms in global power dynamics. The United States, historically positioned as a guarantor of stability in resource-rich but geopolitically volatile regions, has frequently leveraged its military capabilities to secure economic advantages. This paradigm is evident in contemporary engagements wherein military alliances serve not only as deterrents against external threats but also as conduits for ensuring favorable access to critical commodities essential for economic and technological advancement.

The intersection of constitutional mandates and security commitments underscores the enduring complexity of such arrangements. While the executive branch wields considerable latitude in negotiating international agreements, the necessity for congressional oversight remains paramount to ensuring that such commitments align with both constitutional principles and national interest. The Federalist Papers, historical precedents, and judicial rulings collectively affirm that while security-for-resource exchanges may serve strategic objectives, their legitimacy and sustainability hinge upon adherence to the constitutional framework that governs American foreign policy and economic engagements.

Ruwantissa Abeyratne

Dr. Abeyratne teaches aerospace law at McGill University. Among the numerous books he has published are Air Navigation Law (2012) and Aviation Safety Law and Regulation (to be published in 2023). He is a former Senior Legal Counsel at the International Civil Aviation Organization.

Leave a Reply

Your email address will not be published.

Latest from Blog