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The Handbook of the Law of Visiting Forces 2nd Edition

The Handbook of the Law of Visiting Forces 2nd Edition

Author: Dieter Fleck
Publisher: Oxford University Press
ISBN: 9780198808404

Previous Edition ISBN: 0198268947
Published In: April 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 Iraq that considers the various stages of the conflict with withdrawal and then reintroduction of forces, before offering conclusions on the current state of the law and its likely future development.

PART I GENERAL

1: Introduction, Dieter Fleck

2: Historical Developments Influencing the Present Law of Visiting Forces, Peter Rowe

3: Multinational Military Operations, Dieter Fleck, Katarina Grenfell, and Michael A. Newton

4: UN Peace Operations, Michael Bothe

5: The Immunity of Visiting Forces and their Headquarters, Dieter Fleck

PART II COMMENTARIES TO TYPICAL SOFA RULES

6: General Observations, Dieter Fleck

7: Respect for the Law of the Receiving State, Andrés Muñoz-Mosquera

8: Members of Visiting Forces, Mette Prassé Hartov

9: Civilian Components, Andrés Muñoz-Mosquera and Nikoleta Chalanouli

10: Contractor Personnel, Joop Voetelink

11: Dependents, Mette Prassé Hartov

12: Entry and Departure, Dieter Fleck

13: Permits and Licenses, Paul J. Conderman

14: Vehicles, Paul J. Conderman

15: Uniform, Dieter Fleck

16: Communications, Vladimir Atanasov and Paul J Conderman

17: Premises, Jonathan L. Black-Branch

18: Travel and Transport, Jonathan L. Black-Branch

19: Arms, Jarin Nijhof

20: Jurisdiction, Paul J. Conderman and Aurel Sari

21: Military Law Enforcement, Joop Voetelink

22: Claims, Jody M. Prescott

23: Logistic Support, Eduardo Martinez Llarena

24: Deceased Members, Katarina Grenfell

25: Tax and Customs Exemptions, Nikoleta Chalanouli and Paul J Conderman

26: Foreign Exchange Regulations, Nikoleta Chalanouli

27: Financing Operations, Nikoleta Chalanouli

28: The 'Joint Commission' Liaison Mechanism, Donald A. Timm

29: Supplemental Arrangements, Donald A. Timm

30: Settlement of Disputes, Frank Burkhardt

31: Territorial Applicability, Frank Burkhardt

32: Revision, Frank Burkhardt

33: Termination, Frank Burkhardt

34: Applicability During Crisis and War, Dieter Fleck

PART III HEADQUARTERS AGREEMENTS

35: Legal Issues Related to International Military Headquarters, Steven Hill and Federica Favuzza

36: UN Military Headquarters, Ben F. Klappe

37: NATO Military Headquarters, Andrés Muñoz-Mosquera and Mette Prassé Hartov

38: Other Military Headquarters

38.I: African Union, Daniel Rezene Mekonnen

38.II: Military Headquarters for EU Operations, Thierry Tardy

38.III: From the Commonwealth of Independent States to the Collective Security Treaty Organization, Bakhtiyar Tuzmukhamedov

PART IV THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT

39: The International Committee of the Red Cross: Legal Status, Privileges and Immunities, Jean-Philippe Lavoyer and Sylvain Vité

40: Rights and Obligations of Foreign National Red Cross and Red Crecent Societies, Heike Spieker

PART V CASE STUDIES

41: The Law of Stationing Forces in Germany: Six Decades of Multilateral Cooperation, Dieter Fleck

42: United States Forces in Japan, Junya Kawai, Dale Sonnenberg and Donald A. Timm

43: Visiting Forces in Korea, Hyun Kim and Donald A. Timm

44: Afghanistan, Jody M. Prescott and Jane M. Male

45: Russian Forces in the Former USSR and Beyond, Bakhtiyar Tuzmukhamedov

46: Alternative Approaches to Certain Deployments: Agreements Conferring Status Similar to the Status of Administrative and Technical Staff of Embassies (A&T Agreements), Gunter Filippucci

PART VI CONCLUSIONS

47: Visiting Forces in an Operational Context, Charles A. Allen, Gregory R. Bart and Ben F. Klappe