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.
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Mon, 15 Oct 2018 | Review
by: Phillip T.
HAPPY TO HELP: A MODERN APPROACH
TO THE MILITARY SERVING ABROAD WITHIN CONTEMPORARY LEGAL FRAMEWORKS
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
A key characteristic of the post World War II era is the phenomenon of military forces serving in states and territories not their own. This all too recognizable and widely acknowledged truth is pointed out by Dieter Fleck who edits this, the new second edition of the now widely known Handbook of the Law of Visiting Forces published by the Oxford University Press.
Containing essays and articles from over thirty international contributors, the book provides a truly global perspective on the legal frameworks which have been developed to regulate the role and the activities of military forces engaged in establishing and maintaining the peace wherever needed.
‘Military forces,’ says the editor ‘need to be regulated to ensure compliance with international law, develop cooperation with the Receiving State and achieve an effective mission performance.’
For readers with little experience of the military, the book does reveal the emergence of a new kind of military balance in which, as the editor puts it ‘the applicable law places the balance between the interests, sensitivities and needs of the Host State and the requirements… of the visiting force.’
The stated objective here is to ensure that a harmonious relationship between “hosts” and “guests”. Strangely encouraging is the way in which changes in nomenclature mirror attitudinal change, especially considering the insecurities and uncertainties of the political landscape worldwide. The cover photo ‘Military Forces and People in Need’ does much to reflect the ethos of the book.
In stressing the rights and obligations stemming from the presence of foreign forces in a host state and the consequent and obvious need for cooperation between national and international law. The book provides close analysis and informed commentary from the book’s expert contributors, many of whom are from the United Nations, or NATO, or top universities, including scholars and practitioners from a variety of legal systems.
The book’s varied commentaries are grouped under seven sections to include chapters on such areas as historical developments, headquarters agreements and case studies. Part II offers coverage of twenty-eight SOFAs -- Status of Forces Agreements -- mainly from NATO -- on a broad range of issues, from contractor personnel and dependents, to communications, premises, arms, jurisdiction and of course, much more.
Particularly useful for researchers are the extensive tables, namely of treaties and other international instruments (from more than fifty countries) -- plus tables of legislation and of judgments. As a work of reference, the book has been designed for ease of use, with a detailed table of contents and index and a wealth of useful references in the footnoting throughout.
For academics and practitioners seeking to enhance their understanding of this complex, vital and continually evolving area of law, this book makes for enlightening and certainly essential reading.
The date of publication is cited as at 15th June 2018.
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