Full Description
The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment.
This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict , before offering conclusions on the current state of the law and its likely future development.
Contents
PART I. GENERAL FRAMEWORK 1: Dieter Fleck: Introduction 2: Peter Rowe: Historical Developments Influencing the Present Law of Visiting Forces 3: Dieter Fleck, Katarina Grenfell, and Michael A. Newton: Multinational Military Operations 4: Michael Bothe: UN Peace Operations 5: Dieter Fleck: The Immunity of Visiting Forces and their Headquarters PART II. COMMENTARIES TO TYPICAL SOFA RULES 6: Dieter Fleck: General Overview 7: Andres Munos- Mosquera: Respect for the Law of the Receiving State 8: Mette Prasse Hartov: Members of Visiting Forces 9: Andres Munoz-Mosquera and Nikoleta Chalanouli: Civilian Components 10: Joop Voetelink: Contractor Personnel 11: Mette Prasse Hartov: Dependents 12: Dieter Fleck: Entry and Departure 13: Paul J. Conderman: Permits and Licenses 14: Paul J. Conderman: Vehicles 15: Dieter Fleck: Uniform 16: Vladimir Atanasov and Paul J. Conderman: Communications 17: Jonathan L. Black-Branch: Premises 18: Jonathan L. Black-Branch: Travel and Transport 19: Jarin Nijhof: Arms 20: Paul J. Conderman and Aurel Sari: Jurisdiction 21: Joop Voetelink: Military Law Enforcement 22: Jody M. Prescott: Claims 23: Eduardo Martinez Llarena: Logistic Support 24: Katarina Grenfell: Deceased Members 25: Paul J. Conderman and Nikoleta Chalanouli: Tax and Customs Exemptions 26: Nikoleta Chalanouli: Foreign Exchange Regulations 28: Donald A. Timm: The 'Joint Commission' Liaison Mechanism 29: Donald A. Timm: Supplemental Arrangements 30: Frank Burkhardt: Settlement of Disputes 31: Frank Burkhardt: Territorial Applicability 32: Frank Burkhardt: Revision 33: Frank Burkhardt: Termination 34: Dieter Fleck: Applicability During Crisis and War PART III. HEADQUARTERS AGREEMENTS 35: Steven Hill and Federica Favuzza: Legal Issues Related to International Military Headquarters 36: Ben F. Klappe: United Nations Headquarters in the Field 37: Andres Munoz-Mosquera and Mette Prasee Hartov: NATO Military Headquarters 38: Other Military Headquarters 38.I: Daniel Rezene Mekonnen: African Union 38.II: Thierry Tardy: Military Headquarters for EU Operations 38.III: Bakhtiyar Tuzmukhamedov: From the Commonwealth of Independent States to the Collective Security Treaty Organization PART IV. THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT 39: Jean-Philippe Lavoyer and Sylvain Vite: The International Committee of the Red Cross: Legal Status, Privileges and Immunities 40: Heike Spieker: Rights and Obligations of Foreign National Red Cross and Red Crescent Societies PART V. CASE STUDIES 41: Dieter Fleck: The Law of Stationing Forces in Germany: Six Decades of Multilateral Cooperation 42: Junya Kawai, Dale Sonnenberg and Donald A. Timm: The Japan Experience with Visiting Forces: An Evolving Perspective 43: Hyun Kim and Donald A. Timm: Visiting Forces in Korea 44: Jody M. Prescott and Jane M. Male: Afghanistan 45: Bakhtiyar Tuzmukhamedov: Russian Forces in the Former USSR and Beyond 46: Gunter Filippucci: Alternative Approaches to Certain Deployments: Agreements Conferring Status of Administrative and Technical Staff of Embassies (A&T Agreements) PART VI. CONCLUSIONS FOR THE PLANNING OF MILITARY DEPLOYMENTS 47: Dieter Fleck and Ben F. Klappe: Visiting Forces in an Operational Context Index
