The Handbook of the Law of Visiting Forces

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Dieter Fleck, Stuart Addy
Oxford University Press, 2001 - 625 頁
International efforts to implement and further develop military partnership programmes have stressed the need to elaborate clear status provisions for military and civilian personnel of foreign armed forces in a receiving state. This handbook evaluates existing experience in state practice and describes options for further legal development. It offers a perception of the immunity of foreign armed forces based on historic developments and current treaties with a view to the question whether rules of customary law are evolving in this respect. As a joint effort of international experts, the handbook provides an up-to-date commentary on applicable status law provisions as contained in the NATO Status of Forces Agreement of 1951 (NATO SOFA), which was adapted more recently by the Partnership for Peace Status of Forces Agreement of 1995 (PfP SOFA), and the Paris Protocol of 1952 on NATO Military Headquarters. Case studies describe and evaluate specific practice in Germany, Japan, Korea, and Russia.

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內容

The Immunity of Foreign Armed Forces
3
III
33
Present and Future Challenges for the Status of Forces ius
47
2
52
V
59
III
66
Paul J Conderman
75
IV5
85
The ICRCs Headquarters Agreements
477
The Legal Nature of Headquarters Agreements
478
The Headquarters Agreement with Switzerland
479
i The Preamble
480
viii Financial Resources of the ICRC
481
xii Identity Document and Commission
482
xiv Interpretation
483
Legal Status of Other Organizations
484

IV
93
Paul J Conderman
99
78
104
83
116
d Surrender
121
Conclusion
253
Five
349
A Bilateral Experience
365
The Agreements Regarding Status of Foreign Forces in Japan
379
The Legal Structure in Japan as Related to the Law of Stationing
403
Conclusions
416
Russian Forces in the Commonwealth of Independent States
417
Visiting Forces in Korea
443
Legal Status
471
The ICRC as Guardian or Custodian of International Humanitarian Law
474
The Legal Status of the ICRC
475
International Federation
486
The UN peacekeeping Experience
487
Historical Development of Peacekeeping
488
Various Forms of Peacekeeping in the System of Collective Security
489
Rules of International Law Relating to the Status of Peacekeeping Forces
490
Lessons Learned in the Former Republic of Yugoslavia
507
Visiting Forces in an Operational Context
533
A Agreement Between the Parties to the North Atlantic Treaty Regarding
561
B Agreement Among the States Parties to the North Atlantic Treaty
577
Agreement on the Status of Missions and Representatives of Third States
583
E Military Technical Agreement between the International Security Force
591
F Model StatusofForces Agreement for Peacekeeping Operations
603
Index
621
iv Execution of Sentences
622
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關於作者 (2001)

Dieter Fleck is Director of the International Agreements and Policy, Federal Ministry of Defence, Germany

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