The Peacetime Use of Foreign Military Installations Under Modern International Law

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Martinus Nijhoff Publishers, 1992 - Law - 360 pages
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The stationing of foreign armed forces abroad in peacetime has been a constant and distinctive feature of the post-1945 bipolar world. This book is the first systematic study of the subject to look beyond the areas of criminal and civil jurisdiction to broader issues of international law arising out of the establishment and use of foreign military installations in time of peace. Implementation of basing agreements between states sending and states hosting foreign armed forces has resulted in a large body of state practice that includes such major international incidents as the U.S. air raid on Libya in 1986 and the U.S. intervention in Panama in 1989. This book assesses the future of foreign military installations against the background of the end of the Cold War, the unification of Germany, the dissolution of the Warsaw Pact, and the emerging European security order.
  

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Contents

Preface
11
A note on sources
20
THE FORMS AND FUNCTIONS
29
THE LEGAL SETTING
35
Summary
44
Postscript
58
FOREIGN MILITARY INSTALLATIONS
67
The British Sovereign Base Areas in Cyprus
73
Duties of the receiving state
203
Analysis of Article VIII NATOSOFA
210
Contractual claims
225
Footnotes
231
THE NEXUS OF LEGAL RELATIONS BETWEEN
237
The ILC draft articles
244
Joint Responsibility
250
STATE PRACTICE
259

RESTRICTIONS ON THE FREEDOM
83
Areas not capable of being placed under territorial sovereignty
93
THE JURIDICAL NATURE OF RIGHTS
113
Conclusion
126
THE LEGAL FRAME OF REFERENCE
135
A Specification of the Rights and Duties of the Parties Under
141
B Implied Rights and Duties of the Parties
151
Some Problematic Areas
158
CRIMINAL JURISDICTION
169
Cooperation between receiving and sending States
188
RESPONSIBILITY FOR THE SECURITY
197
2 The Iran hostages rescue mission
267
The law of neutrality and the peacetime use of foreign military bases
273
THE TERMINATION OF BASE
285
The vacation of installations and removal of property upon
305
Footnotes
313
THE FUTURE OF FOREIGN MILITARY
321
Conclusions
337
Table of Cases
343
Select Bibliography
349
Copyright

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